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HomeMy WebLinkAbout10-51 - Uphold the Planning Commission's Decision and Approve Planning App PA-09-18RESOLUTION NO. 10-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO UPHOLD THE PLANNING COMMISSION'S DECISION AND APPROVE PLANNING APPLICATION PA -09- 18 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Eric A Nelson, authorized agent for 845 West Baker Street Lofts LLC, owner of real property located at 845 Baker Street, for a master plan to construct a mixed-use development consisting of a three-story, 53 -unit senior housing project over a one-story, 4,980 square foot retail building (four stories total), with a maximum of 10% compact parking spaces (7 parking spaces total) in the South Bristol Entertainment and Cultural Arts (SoBECA) Urban Plan; WHEREAS, a duly noticed public hearing held by the Planning Commission on June 14, 2010 with all persons having the opportunity to speak and be heard for and against the proposal; WHEREAS, City Council conducted a review of the Planning Commission's decision to approve the project at a duly noticed public hearing on July 6, 2010; BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A," the City Council hereby UPHOLDS the Planning Commission's approval of the project and APPROVES Planning Application PA -09-18. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -09-18 and upon applicant's compliance with each and all of the conditions in Exhibit "B", the uses specified in Exhibit "C", and compliance of 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. 0 PASSED AND ADOPTED this 6th day of July, 2010. ATTEST: CITY ERK OF TH CITY OF COSTA MESA ALLAN M NSOOR Mayor, City of Costa Mesa APPROVED AS TO FORM: Y'k, �'A'4j C TY ATT EY Ll STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 10-51 and was duly passed 'and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of July, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS MANSOOR, BEVER, MONAHAN LEECE FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7th day of July, 2010. (SEAL) JULI FOLCIK, CITY CLERK EXHIBIT "A" FINDINGS (APPROVAL) A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses on surrounding properties. 2. The proposed project -will comply with the performance standards as prescribed in the Zoning Code. 3. The proposed project is consistent with the General Plan and Urban Plan. 4. The cumulative effect of all the planning applications have been considered. B. Pursuant to Section 13-29(g)(5) of the Municipal Code, the master plan meets the broader goals of the General Plan and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. Specifically, the project is consistent with Housing Element Goal HOU-3, which promotes use of sites for a wide range of segments within the community (including seniors), and HOU-4 for equal housing opportunities, as well as policies HOU-1.9, HOU-3.2, and HOU-4.4. The project is also consistent with Noise Element Policy N -1A.5 which ensures that residential development in noise sensitive areas are properly designed. Finally, the project is consistent with Land Use Element policies LU -1 A.1, LU -1 C.2, and LU -1 F.5. C. Pursuant to Section 13-83.52(c) of the Municipal Code, the project is consistent with the General Plan, meets the purpose and intent of the mixed-use overlay district, and the stated policies of the of the SoBECA Urban Plan. The project includes adequate resident -serving amenities in the common open space areas and/or private open space areas including, but not limited to, patios, balconies, walkways, and landscaped areas. The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, and toxic emanations. The proposed residences have adequate separation and screening from adjacent commercial uses through site planning considerations, structural features, landscaping, and perimeter walls. D. Pursuant to Section -13-83.52(d) of the Municipal Code, the strict interpretation and application of the mixed-use overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent on the General Plan and Urban Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan and Urban Plan. The granting of the deviation results in a mixed-use development which exhibits excellence in design, site planning, integration of uses and structures, and compatibility standards for residential development. The granting of the deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. E. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15332 for In -fill Development Projects. F. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The conditions of approval, code provisions, and special district requirements of Planning Application PA -09-18 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 2. Prior to approval of a demolition permit, developer shall submit a report by a California -licensed asbestos specialist indicating that the property does not pose any health hazards related to asbestos. If asbestos is identified, the report shall include the necessary measures for safe removal, disposal, and remediation of asbestos material. The report shall be approved by the Planning Division. These specified measures shall be implemented by the Developer to the satisfaction of the Development Services Director. 3. Demolition permits for existing structure shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 4. Prior to approval of a demolition permit, developer shall submit a report by a hazardous waste specialist indicating the necessary measures for safe removal, disposal, and any required remediation of the underground hydraulic lifts. If the hydraulic lifts are to remain in place, the report shall indicate the proper measures to safely preserve them without posing an environmental hazard from hydraulic fluids. The report shall be approved by the Planning Division. These specified measures shall be implemented by the Developer to the satisfaction of the Development Services Director. 5. The 4,980 square foot nonresidential area shall consist of neighborhood commercial businesses as identified in Exhibit "C of the approval resolution. All other uses not specifically described in Exhibit "C" but are similar in scale, traffic generation, and operational characteristics may be deemed appropriate by the Development Services Director. All other nonresidential uses which are not shown in Exhibit "C and which the Development Services Director has determined to present compatibility impacts or increased traffic generation/parking demand shall require an amendment to the Master Plan. Developer shall submit the application for a Master Plan amendment to Planning Commission for review and approval. 6. An Affordable Housing Agreement by the City Council and Redevelopment Agency, as applicable, shall be recorded prior to final occupancy of the project. 7. If the development scenario is revised (i.e. revision in residential unit mix and square footage of nonresidential areas), the approved parking rate of 0.75 spaces per residential unit shall not be reduced, and the overall approved 1.1 Floor -Area -Ratio shall not be exceeded. Code required parking shall continue to be applied for the nonresidential areas. 8. 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 nearby residential communities through specified measures, such as construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. 9. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height or a change of the finish material(s), shall be made during construction without prior Planning Division written approval. The Development Services Director shall determine whether or not a change is significant and shall require a Master Plan amendment for any significant modifications. Applicant shall contact the Planning Division at 714-754-5245 to obtain authorization for any revisions. 10. No modification(s) of the approved interior building materials/finishes and appliances shall occur without prior Planning Division written approval. At a minimum, the following shall be included in each unit: • High-quality building materials for counters & floors. • Fully equipped kitchens with dishwashers. • Energy efficient exterior doors and windows shall be installed on all building elevations. • Appliances, water heaters, and light fixtures with Energy Star or better rated appliances. • Heating and air conditioning system. The Development Services Director shall determine whether or not a change is significant and shall require a Master Plan amendment for any significant modifications. Applicant shall contact the Planning Division at 714-754-5245 to obtain authorization for any revisions. 11. The landscape plan shall feature 24 -inch box trees as described in the City's landscaping standards to the satisfaction of the Development Services Director. The street setback area and the courtyard shall be landscaped with trees and vegetation. The landscape plan shall be approved prior to issuance of building permits and shall contain six additional 24 -inch box trees than 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. 12. At a minimum, the outdoor landscape podium courtyard area shall include the following: to ensure a sufficient amount of amenities for residents for passive recreation purposes: • 400 square feet of green landscaped area. • Two trees in planters 24 -inch box size or larger. • Tables and benches. • Raised planters for community gardening. • Other features as determined by the Planning Division. Any change in the outdoor amenity areas that may diminish the size, function, and aesthetics of the area shall be reviewed and approved by the Development Services Director. The Development Services Director shall determine whether or not a change is significant and shall require a Master Plan amendment for any significant modifications. Applicant shall contact the Planning Division at 714-754-5245 to obtain authorization for any revisions. 13. There shall be no commercial signage above the first floor nonresidential area or along the east elevation of the building. Illuminated freestanding signs shall be limited to 7 feet tall, and non -illuminated freestanding signs shall be a maximum of 25 feet in height. Signage for the residential component shall be limited to the complex identification of the residential development in the form of a monument sign, entry sign, and directional signage. Other than allowable commercial and residential signage, no additional signage, banners, graphics, or murals shall be allowed above the first floor of the building without prior approval from the Planning Division. 14. Prior to signing the lease agreements, prospective tenants shall receive written notice of the then -existing traffic and noise environment and noise associated with Shark Club operations. The tenant notice shall also indicate that the site is located above commercial uses and is also in close proximity to light industrial uses and a nightclub uses. Therefore, residents may experience additional noise levels compared to a typical residential neighborhood due to operation of these various types of businesses. Prospective tenants must sign a form to acknowledge that they have read and understand the existing neighborhood conditions. This form shall be kept on file by the facility operator. 15. The property owner shall provide on-site security for the development to minimize disruption to residents during the evening hours Shark Club is open on Fridays and Saturday evenings. 16. Shared parking with the Shark Club is expressly prohibited. Developer shall not enter into any private agreement between the property owners to allow shared parking for nightclub patrons or employees on the project site. 17. At a minimum, the following. social services shall be provided to the senior residents: card rooms, libraries, television/media rooms, and health and workout areas. Any change that may diminish the social services provided shall be reviewed and approved by the Development Services Director. The Development Services Director shall determine whether or not a change is significant and shall require a Master Plan amendment for any significant modifications. Applicant shall contact the Planning Division at 714-754-5245 to obtain authorization for any revisions. 18. 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. 19. 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. 20. The developer shall contact the current cable service provider prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 21. Truck deliveries shall occur no earlier than 7:00 a.m. daily and .loading/unloading of deliveries shall occur away from the residential units to the fullest extent possible. 22. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 36 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall be continuously maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 23. Every effort shall be made to follow sustainable building (i.e., "green") practices in the construction of the project as described in the Project Description Attachment provided by the applicant. 24. Based on the noise study prepared by the applicant, the present exterior noise levels range from 65 dBA (traffic noise) to as high as 83 dBA (Shark Club nighttime operations). As a result, the developer shall comply with all applicable California Noise Insulation Standards per Title 25, California Code of Regulations, as well as the construction standards recommended in the noise study, to provide a maximum interior noise level of 40 dBA for the residential units. Prior to the issuance of a building permit, an acoustical engineer, or other appropriate specialist, shall verify in writing that the design/construction of the project exterior walls, windows, and doors properly attenuate interior noise levels in compliance with the City's Noise Ordinance. Because music/amplified sound are the source of the impact noise, the more restrictive interior decibel standard of 40 dBA (and not 45 dBA) is applied. 25. Within 30 days of the effective date of approval of the application, the developer shall begin working with the City's Transportation Division and Caltrans to replace the chain link fence/gate along the Baker Street frontage with a fence/gate acceptable to both the City and Caltrans, as well as repair and/or replace the landscaping within this area. The fencing and landscaping plan shall be submitted to the Planning Division for approval. The release of final utilities for the project shall not be withheld pending the completion of this condition; however, the property owner shall provide documentation of the progress and estimated time of completion of this condition prior to release of utilities. 26. 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. 27. The developer shall provide public realm improvements as required by the Urban Plan. City 28. The developer shall work with the City to provide signalized pedestrian Council access across Baker Street.