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HomeMy WebLinkAbout16-78 - Change of Land Use at 2850 Mesa Verde Drive EastRESOLUTION NO. 16-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FOR THE FOLLOWING ACTIONS: (1) APPROVE THE INITIAL STUDY/NEGATIVE DECLARATION; AND (2) APPROVE GENERAL PLAN AMENDMENT GP -16-05 CHANGING THE LAND USE DESIGNATION OF A 2.07 ACRE SITE FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (LDR) LOCATED AT 2850 MESA VERDE DRIVE EAST THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa adopted the 2015-2035 General Plan on June 21, 2016; WHEREAS, California Government Code Section 65358(a) authorizes the City Council to amend the General Plan if it deemed to be in the public interest; WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Costa Mesa; WHEREAS, by its very nature, the General Plan is subject to update and revision to account for current and future community needs; WHEREAS, an application was filed by Pinnacle Residential, representing the property owners, Donald S. Ellis Trust and Leonard Family Trust, requesting approval of the following land use entitlements: 1. Adoption of an Initial Study/Negative Declaration; 2. General Plan Amendment GP -16-05. General Plan Amendment to change the land use designation of a 2.07 -acre site from GC (General Commercial) to LDR (Low Density Residential); and Resolution No. 16-78 Page 1 of 8 3. Rezone R-16-05. Rezone of a 2.07 -acre site from C1 (Local Business District) to R- 1 (Single Family Residential District - eight (8) dwelling units per acre maximum density allowed). The General Plan Amendment and Rezone is to accommodate an 11 -unit, two-story, single-family residential development which will be submitted to the City for a separate public hearing at a future date. WHEREAS, an amendment to the General Plan Land Use Element is proposed to change the land use designation of the site for the development of the project as described above; WHEREAS, the General Plan Amendment involves an amendment to the Land Use Map of the City of Costa Mesa (Exhibit 1); WHEREAS, the General Plan Amendment approval is pending the adoption of Ordinance No. 16-11 for Rezone R-16-05; WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 26, 2016, with all persons having the opportunity to speak for and against the proposal; WHEREAS, the Planning Commission recommended, on a 5-0 vote, approval of the abovementioned land use entitlements; WHEREAS, on October 17, 2016, a duly noticed public hearing was held by the City Council; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Negative Declaration was prepared and circulated, and the required 20 -day public review period was specified from September 6, 2016, to September 26, 2016, for public review and comment; Resolution No. 16-78 Page 2 of 8 WHEREAS, the City Council considered the Initial Study/Negative Declaration and Responses to Comments document, as well as public comments received to date, prior to making a recommendation to approve the proposed project; WHEREAS, written comments received from the general public, government entities, and other interested parties were responded to, where appropriate, in the manner prescribed in California Code of Regulations Section 15073; WHEREAS, no significant new information has been added to the Initial Study/Negative Declaration and no changes to the proposed project have occurred which would require recirculation of the Initial Study/Negative Declaration under CEQA Guidelines Section 15073.5; WHEREAS, the City Council has reviewed the environmental documentation comprising the Initial Study/Negative Declaration and has found that the Initial Study/Negative Declaration considers all environmental impacts of the proposed project and a reasonable range of alternatives, and the Initial Study/Negative Declaration is complete, adequate, and fully complies with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the City Council has found that the Initial Study/Negative Declaration for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record, the City Council takes the following actions: (1) APPROVE the Initial Study/Negative Declaration; (2) APPROVE General Plan Amendment GP -16-05, as shown in Exhibit 1; (3) GIVE FIRST READING to Rezone R-16-05. Resolution No. 16-78 Page 3 of 8 BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for General Plan Amendment GP -16-05 and Rezone R-16- 05, as set forth in Exhibits 1, B1, and C and compliance with all applicable federal, state, and local laws. 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 and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PA,(j1TEq%ND ADDPTED this 17th day of October, 2016. er, Mayor ATTEST: & J(QjQ L Brenda Green, Cly Clerk APPROVED A9 TO FORM: Tarquin Preziosi, Deputy City Attorney Resolution No. 16-78 Page 4 of 8 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. 16-78 and was duly passed and adopted by the City Council of the City of Costa Mesa at a special meeting held on the 17th day of October, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS GENTS, RIGHEIMER, MENSINGER NONE FOLEY. MONAHAN IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 18th day of October, 2016. Resolution No. 16-78 Page 5 of 8 EXHIBIT 1 — GENERAL PLAN AMENDMENT GP -16-05 Amendment to the Land Use Map and Related Land Use Table Change the land use designation of the 2.07 -acre development site from GC (General Commercial) to LDR (Low Density Residential) Note: Updated text changes to the Land Use Summary Table of the General Plan are also required, as applicable. Resolution No. 16-78 Page 6 of 8 EXHIBIT B1 CONDITIONS OF APPROVAL Ping. 1. Conditions of approval from the IS/ND for this project have been included as Exhibit C. If any of these conditions are removed, the Planning Commission 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. City 2. Neither the applicant nor property owner shall turn off utilities and/or Council commence removal of the existing tenants or demolition of the existing structures or otherwise make the property un -inhabitable until expiration of the final lease at the property. No lease shall be terminated, other than for a violation of any provision thereof as permitted by law, prior to 9 months from the effective date of this resolution. Nothing herein shall require the property owner to extend any lease beyond 12 months from the effective date of this resolution. 3. The applicant and/or property owner shall provide appropriate documentation as to the history of the buildings (photographs, building plans, etc.) to the Development Services Department prior to demolition of the existing development. Resolution No. 16-78 Page 7 of 8 EXHIBIT C Resolution No. 16-78 Page 8 of 8 City of Costa Mesa -2850 Mesa Verde Drive East Project Inventory of Standard Conditions Initial Study/Negative Declaration and Mitigation Measures SECTION 5: INVENTORY OF STANDARD CONDITIONS 5.1 - Standard Conditions 5.1.1 - Aesthetics SC 4.1.-1 Prior to the issuance of Building Permits, the Applicant shall submit a Lighting Plan and Photometric Study for the approval of the City's Development Services Department. The Lighting Plan shall demonstrate compliance with the following: • The mounting height of lights on light standards shall not exceed 18 feet in any location on the project site unless approved by the Development Services Director. • The intensity and location of lights on buildings shall be subject to the Development Services Director's approval. • All site lighting fixtures shall be provided with a flat glass lens. Photometric calculations shall indicate the effect of the flat glass lens fixture efficiency. • Lighting design and layout shall limit spill light to no more than 0.5 -foot candle at the property line of the surrounding neighbors, consistent with the level of lighting that is deemed necessary for safety and security purposes on site. • Glare shields may be required for select light standards. 5.1.2 - Air Quality SC -4.3-1 All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust. All grading (regardless of acreage) 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 would implement each of the following: • 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. • 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. • Water excavated soil piles hourly or covered with temporary coverings. • Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. • Wash mud -covered tired and under -carriages of trucks leaving construction sites. FirstCarbon Solutions 103 C:\Users\CSG\App Ua[a\Lace \M IRosok\Wlndaws\Temporary Ineeldet FIIre\Ganasati OQtI11V3%OUZEMl\008000292950 Mesa Verde II darx Inventory of Standard Conditions and Mitigation Measures City of Costa Mesa -2850 Mesa Verde Drive East Project Initial Study/Negative Declaration • 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. • Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. Cease grading during period when winds exceed 25 miles per hour. SC -4.3-2 SCAQMD Rule 445 prohibits permanently installed wood burning devices into any new development. A wood burning device means any fireplace, wood burning heater, or pellet -fueled wood heater, or a similarly enclosed, permanently installed, indoor or outdoor device burning any solid fuel for aesthetic or space -heating purposes, which has a heat input of less than one million British thermal units per hour. SC -4.3-3 The project shall comply with Title 24 of the California Code of Regulations established by the energy conservation standards. The project Applicant shall incorporate the following in building plans: • Double paned glass or window treatment for energy conservation shall be used in all exterior windows; • Buildings shall be oriented north/south where feasible. SC 4.3-4 The Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by the AQMD. SC 4.3-5 Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts to residential areas. 5.1.3- Biological Resources SC 4.4-1 The Applicant shall comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. 5.1.4 - Cultural Resources SC 4.5-1 In the event that archaeological resources are encountered during grading and construction, all construction activities shall be temporarily halted or redirected to permit the sampling, identification, and evaluation of archaeological materials as determined by the City, who shall establish, in cooperation with the project applicant and a certified archaeologist, the appropriate procedures for exploration and/or salvage of the artifacts. 104 FirstCarbon Solutions V:\Puhlisations\Client �PNJN)\0000\00900029\2890 Mesa Vul, IM111000E9 2850 Mesa Vertle IS11,10 1 City of Costa Mesa -2850 Mesa Verde Drive East Project Inventory of Standard Conditions Initial Study/Negative Declaration and Mitigation Measures SC 4.5-2 In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for significance and, if necessary, develop a paleontological resources impact mitigation plan (PRIMP) for the review and approval by the City prior to resuming excavation activities. SC 4.5-3 If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. 5.1.5 - Geology and Soils SC 4.6-1 The Applicant shall comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code 2013 California Green Building Standards Code, and the 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, 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. Areas of alteration and additions shall comply with 2013 California Green Building Standards Code section 5.303.2 and 5.303.2. SC 4.6-2 Prior to the issuance of Grading Permits, the project Applicant shall provide the City of Costa Mesa Department of Building Safety with a geotechnical investigation of the project site detailing recommendations for remedial grading in order to reduce the potential of onsite soils to cause unstable conditions. Design, grading, and construction shall be performed in accordance with the requirements of the California Building Code applicable at the time of grading, appropriate local grading regulations, and the recommendations of the geotechnical consultant as summarized in a final written report, subject to review by the City of Costa Mesa Department of Building Safety. SC 4.6-3 The Applicant shall submit a Soils Report for this project. Soils Report recommendations shall be blueprinted on both the architectural and grading plans. For existing slopes or when new slopes are proposed, the Soils Report shall address FirstCprbon Solutions Y:\Publi[a[lons\Chen[ PN -1N \0080\00800039\2850 -- Vei'dI ISNO\008080293850 Mesa Verde IlMd.,X 105 Inventory of Standard Conditions and Mitigation Measures City of Costa Mesa-28so Mesa Verde Drive East Project Initial study/Negative Declaration how existing slopes or the new slopes will be maintained to avoid erosion or future failure. SC 4.6-4 The project shall comply with the NPDES requirements, as follows: Construction General Permit Notice of Intent (NOI) Design: Prior to the issuance of preliminary or precise grading permits, the project applicant shall provide the City Engineer with evidence that an NOI has been filed with the Storm Water Resources Control Board (SWRCB). Such evidence shall consist of a copy of the NOI stamped by the SWRCB or Regional Water Quality Control Board (RWQCB), or a letter from either agency stating that the NO] has been filed. Construction Phase Storm Water Pollution Prevention Plan (SWPPP): Prior to the issuance of grading permits, the applicant shall prepare a SWPPP that complies with the Construction General Permit and will include at a minimum the following: - Discuss in detail the BMPs planned for the project related to control of sediment and erosion, non -sediment pollutants, and potential pollutants in non -storm water discharges; Describe post -construction BMPs for the project; Explain the maintenance program for the project's BMPs List the parties responsible for the SWPPP implementation and the BMP maintenance during and after grading. The project Applicant shall implement the SWPPP and modify the SWPPP as directed by the Construction General Permit. 5.1.6 - Hazards and Hazardous Materials SC 4.8-1 Prior to demolition activities, removal and/or abatement of asbestos containing building materials, lead based paints, and hazardous materials associated with the existing building materials shall be conducted by a qualified environmental professional in consultation with the Costa Mesa Fire Department:.. An asbestos and hazardous materials abatement specification shall be developed by the qualified environmental professional, in order to clearly define the scope and objective of the abatement activities SC 4.8-2 During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the California Code of Regulations, Section 1529, which provides for exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to asbestos. Asbestos -contaminated debris and other wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. SC 4.8-3 During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the California Code of Regulations, Section 1532.1, which provides for exposure limits, exposure monitoring, respiratory protection, and good working practice by workers exposed to lead. Lead -contaminated debris and other la° FirstCarbon Solutions YAPQW[Utions�aiangpNaN)%ooso%008Wws1zem m.:a verve zsso masa verve iseo,d— City of Costa Mesa -1850 Mesa Verde Drive East Project Inventory of Standard Conditions Initial Study/Negative Declaration and Mitigation Measures wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. SC 4.8-4 Prior to investigations, demolition, or renovation, all activities shall be coordinated with Dig Alert (811). SC 4.8-5 Visual inspections for areas of impact to soil shall be conducted during site grading. If unknown or suspect materials are discovered during construction by the contractor that are believed to involve hazardous wastes or materials, the contractor shall: • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the City Engineer and Costa Mesa Fire Department; • Secure the area(s) in question; Implement required corrective actions, including remediation if applicable. 5.1.7- Hydrology and Water Quality Refer to Standard Condition 4.6-4 above. SC 4.9-1 In order to comply with the 2003 DAMP, the proposed project shall prepare a Storm Drain Plan, Stormwater Pollution Prevention Plan (SWPPP), and Water Quality Management Plan (WQMP) conforming to the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, which shall be submitted to the Department of Public Services for review and approval. • The SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of development. • The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows and for nuisance flows during construction. • A WQMP shall be maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall ensure that the existing water T quality measures for all improved phases of the project are adhered to. • Location of the BMPs shall not be within the public right-of-way.il SC 4.9-2 Prior to the issuance of any Grading Permit, the Applicant shall: Li • Prepared a detailed Hydrology Study, approved by the City Engineer. • Design all storm drain facilities, approved by the City Engineer, for 25 -year storm event protection. ,i r! ill it Y:VIbI arbors Solations 107 v:w�bu�ano�.\cnoo� (ervdx��ooeo�ooeoaozs�zasa Mesa Verde Ismo�oos000zs zesa mesa verde ismn.do�. �l Inventory of Standard Conditions and Mitigation Measures City of Costa Meso -2850 Mesa Verde Drive East Project Initial Study/Negative Declaration Design all storm drains in the public right-of-way to be a minimum of 24 inches by City of Costa Mesa requirements and in accordance with the Orange County Local Drainage Manual including a minimum spacing between manholes of 300 feet. SC 4.9-3 Prior to approval of Plans, the project shall fulfill the City of Costa Mesa Drainage Ordinance No. 06-19 requirements. SC 4.9-4 The project Applicant shall submit grading plans, an erosion control plan, and a hydrology study. 5.1.8 - Noise SC 4.12-1 Noise -generating construction activities, including truck traffic coming to and from the construction site for any purpose, shall be limited to between the hours of 7:00 am and 7:00 pm on Mondays through Fridays; to between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays; and shall not be permitted at any time on Sundays or federal holidays. 5.1.9 - Public Services SC 4.14-1 Prior to the issuance of a Building Permit, the City of Costa Mesa Fire Department shall review and approve the developer's project design features to assess compliance with the California Building Code and California Fire Code. SC 4.14-2 Projections, including eaves, shall be one-hour fire resistive construction, heavy timber or of noncombustible material if they project into the 5 ft setback area from the property line. They may project a maximum of 12 inches beyond the 3 ft setback. CRC Tables R302.1(1) and R302.1(2). SC 4.14-3 The final master plan for development of the project shall provide sufficient capacity for fire flows required by the City of Costa Mesa Fire Department. SC 4.14-4 Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. SC 4.14-5 The project shall provide approved smoke detectors to be installed in accordance with the 2013 Edition of the Uniform Fire Code. SC 4.14-6 The project shall provide fire extinguishers with a minimum rating of 2A to be located within 75 feet of travel distance from all areas. Extinguishers may be of a type rated 2A, 10BC as these extinguishers are suitable for all types of fires and are less expensive. SC 4.14-7 The project shall provide a fire alarm system. SC 4.14-8 The project shall provide individual numeric signage for proposed residences with minimum 6 inches height. 108 FirstCarbon Solutions V:\Pubdretl,ne'r0lenl 1PNJN1\0080\00800029\2650 Meea Verde ISND\00800029 2850 Mese Verde 15ND. d,cx City of Costa Mesa -2850 Mesa Verde Drive East Project Initial Study/Negative Declaration Inventory of Standard Conditions and Mitigation Measures SC 4.14-9 As final building plans are submitted to the City of Costa Mesa for review and approval, the Costa Mesa Police Department shall review all plans for the purpose of ensuring that design requirements are incorporated into the building design to increase safety and avoid unsafe conditions. These measures focus on security measures that are recommended by the Police Department, including but not limited to the following: • Lighting shall be provided in open areas and parking lots. • Required building address numbers shall be readily apparent from the street and rooftop building identification shall be readily apparent from police helicopters for emergency response agencies. • Landscaping requirements. • Emergency vehicle parking areas shall be designated within proximity to buildings. • Prior to the issuance of a Building Permit, the City of Costa Mesa Police Department shall review and approve the developer's project design features to satisfy local requirements. The applicant shall then pay the appropriate fee in effect to mitigate the project's proportionate impact to additional demands on police protection services, if any. SC 4.14-10 Prior to issuance of building permits, the Developer shall pay applicable school impact fees for residential development. 5.1.10 - Transportation/Traffic SC 4.16-1 The project Applicant shall be responsible for the payment of fees in accordance with Costa Mesa's traffic impact fee program to mitigate project -generated traffic impacts (including regional traffic). SC 4.16-2 Prior to the start of construction, a Construction Access and Circulation Plan shall be prepared and approved by the City Traffic Engineer to ensure that construction traffic will not impact Harbor Boulevard and other public roadways in the site vicinity. 5.1.11- Utilities and Service Systems SC 4.17-1 Applicant will be required to construct sewers to serve the project, at his own expense, meeting the approval of the Costa Mesa Sanitary District. SC 4.17-2 County Sanitation District fees, fixtures fees, inspection fees, and sewer permit are required prior to installation of sewer. SC 4.17-3 The Applicant shall submit a plan showing sewer improvements that meets the District Engineer's approval to the Building Division as part of the plans submitted for plan check. SC 4.17-4 The Applicant is required to contact the Costa Mesa Sanitary District to arrange final sign -off prior to Certificate of Occupancy being released. FirstCarbon Solutions Y:\PubllcatIons\Cleat CPN-INS\O Bs\ooeo00)9\2850 Mesa Veade I5N0\C0WM292850 Mesa Verde I5N0.dau 109 Inventory of Standard Conditions - City of Costa Mesa -2850 Mesa Verde Drive East Project and Mitigation Measures Initial Study/Negative Declaration SC 4.17-5 Applicant will be required to coordinate with the Costa Mesa Sanitary District to comply with all recommended studies and improvements, prior to issuance of a building permit. FirstCarbon Solutions v:\Publmatlans\glenryPNdN�\aoeo\ooeooW s\3950 Mesa veNe ISNo\oo9opo0g xesa Mesa vera, Isrvoda,,