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HomeMy WebLinkAbout- - PA-09-18 Review - 7/6/2010CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 6, 2010 ITEM NUMBER: SUBJECT: PLANNING APPLICATION PA -09-18: MASTER PLAN FOR A MIXED USE, 53 -UNIT, 4 - STORY, SENIOR HOUSING AND 4,980 SQ. FT. RETAIL COMMERICAL PROJECT AT 845 BAKER STREET DATE: JUNE 23, 2010 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER KIMBERLY BRANDT, DIRECTOR FOR FURTHER INFORMATION CONTACT: MEL LEE, (714) 754-5611 mlee@d.costa-mesa.cams RECOMMENDATION: Uphold or Reverse the Planning Commission's decision to approve the project. BACKGROUND: On June 14, 2010, the Planning Commission approved the proposed affordable senior housing project on a 4-1 vote (Commissioner McCarthy voting no). The Planning Commission staff report is attached in its entirety (Attachment 6). On June 20, 2010, email correspondence from Margaret Thibodeau expressing opposition to the project due to various concerns was received (Attachment 4). On June 21, 2010, Mayor Pro Tem Wendy Leece called this project up for review. Reasons for requesting the review related to concerns with parking, safety issues in the area, and concerns of nearby residents. (Review Form, Attachment 3). ANALYSIS: The proposed "Harper's Pointe" mixed-use development project is a 53 -unit affordable senior housing project with groundfloor retail at 845 Baker Street. The proposal involves a master plan to construct a mixed-use development consisting of a three-story, 53 -unit apartment building 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. Deviations from Urban Plan requirements for maximum floor -area ratio (1.0 FAR allowed, 1.1 FAR proposed) and minimum nonresidential area (0.15 FAR required, 0.13 FAR proposed) were also requested. Please refer to the Planning Commission draft meeting minutes (Attachment 5) and staff report (Attachment 6) for more information. ALTERNATIVES The City Council has the following alternatives: 1. Uphold the Planning Commission's decision and approve Master Plan PA -09-18. The project approval may include any modifications to the project, including additional conditions of approval. The development could proceed, subject to recommended conditions of approval. 2. Reverse the Planning Commission's decision and deny Master Plan PA -09-18. If the project were denied, the applicant could not submit substantially the same type of application for six months. LEGAL. REVIEW: The City Attorney's office has approved the attached resolutions as to form. CONCLUSION Planning Commission expressed concerns with the project location and noise impacts from the neighboring Shark Club and adopted conditions of approval to address land use compatibility. Overall, the proposed mixed-use development was found to be consistent with the General Plan, Urban Plan, and Zoning Code. CY_t/m MEL LEE, AI01P KIMBERLY BRANU, AICP Senior Planner Development Svs. Director DISTRIBUTION: City Manager Asst. City Manager City Attorney Acting Asst. Dev. Svs. Director Public Services Director City Clerk (2) Staff (4) Planning Staff (8) File (2) 54 PA -09-18 (845 Baker Street) Eric A. Nelson 1234 E. 17th Street Santa Ana, CA 92701 Arthur M. May, AIA Senior Vice President USA Properties Fund 2440 Professional Drive Roseville, CA 95661-7773 Larry McElwain Architectural Development Manager USA Properties Fund 2440 Professional Drive Roseville, CA 95661-7773 Michelle Keldorf USA Properties Fund 3950 Paramount Blvd., Suite 101 Lakewood, CA 90712 Jan R. Hochhauser, AIA Hochhauser.Blatter Architecture + Planning 122 E. Arrellaga Street Santa Barbara, CA 93101 ATTACHMENT: 1. Approval Resolution 2. Denial Resolution 3. Review Form 4. 6/20/10 Correspondence from M. Thibodeau 5. 6/14/10 Planning Commission meeting minutes 6. 6/14/10 Planning Commission report File: 070610PA0918Review Date: 062410 Time: 9:20 a.m. 3 ATTACHMENT 1 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO UPHOLD THE PLANNING COMMISSION'S DECISION AND APPROVE PLANNING APPLICATION PA -09-1.8 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 y 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. PASSED AND ADOPTED this 6th day of July, 2010. ALLAN MANSOOR Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA .S STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution No. 10_ as considered at a regular meeting of said City Council held on the day of , 2007, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2010, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2010 R EXHIBIT "A" FINDINGS (APPROVAL) PA -09-18 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 NAA.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.S. 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 0 PA -09-18 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. O EXHIBIT "B" CONDITIONS OF APPROVAL PA -09-18 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, I 10. 11 12. 13 PA -09-18 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. 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. 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. 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. 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 /0 PA -09-18 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 PA -09-18 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. /,2 EXHIBIT "C'° LAND USES IN SOBECA URBAN PLAN LAND USE MATRIX P= Permitted, MC = Minor Conditionab.:Use Permit, C= Conditional Use Permit NONRESIDENTIAL USES IN MD ED -;USE DEVELORMENTS (HORIZONTAL OR VERTICAL) �- m Restaurants/Cafes/Sandwich Shops p ® Artists, sculptors studios P C Banks; Savings and Loans; and other Financial institutions P ® Barber and beauty shops P 9 Commercial art, Graphic design P m Computer and data processing P m Grocery Market P ® Laundry/Drycleaning garment svcs (excludes'dry'cleahing plant's)" " P a Offices: General P Photocopying; Blueprinting and related services; photo finishing P a Printing and publishing P a Retail Stores p • Building supplies; Hardware stores (retail) MC Catering MC o Off-street parking lots and structures MC e Photography: Commercial/ Portrait Studio MC o Recording studios MC o Studios: Dance; Martial arts; Music, Yoga, etc.. MC o Physical Fitness Facilities MC G Churches and other places of religious assembly C © Civic and community clubs C ® Amusement centers C 0 Convenience stores; Mini -markets C ® Furniture repair and refinishing with incidental sales C Q Liquor stores C m Motion picture theaters and other theaters C m Research and development laboratories C NONRESIDENTIAL USES IN LIVE/WORK UNITS ® Artists craftspersons, sculpture studios woodworkin furniture P 0 Retail: Nonstore internet businesses) P o Commercial art, graphic design, website designers p O Com uter and data processing P O Legal. Engineering; Architectural: and Suryg.)ing services P o Offices: Professional central admin., general, services to business P m Offices: medical/dental MC m Photo abh : Commercial MC m Pbotoaranhv: Portrait Studio MC 45 ATTACHMENT 2 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO REVERSE THE PLANNING COMMISSION'S DECISION AND DENY 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 REVERSES the Planning Commission's approval of the project and DENIES Planning Application PA -09-18. PASSED AND ADOPTED this 6th day of July, 2010. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA ALLAN MANSOOR Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY ATTORNEY iy STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution No. 10_ as considered at a regular meeting of said City Council held on the day of , 2007, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2010, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2010 1-5, EXHIBIT "A" FINDINGS (DENIAL) PA -09-18 (845 Baker Street) A. The proposed project does .not comply with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship does not exist between the proposed use and existing buildings, site development, and uses on surrounding properties. 2. The proposed project does not comply with the performance standards as prescribed in the Zoning Code. 3. The proposed project is not consistent with the General Plan, Zoning Code, or Urban Plan. B. Pursuant to Section 13-29(g)(5) of the Municipal Code, the master plan does not meet 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. C. Pursuant to Section 13-83.52(c) of the Municipal Code, the project is not consistent with the General Plan and does not meet the purpose and intent of the mixed-use overlay district and the stated policies of the of the SoBECA Urban Plan. 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 not result in practical difficulty inconsistent with the purpose and intent on the General Plan and Urban Plan. The granting of the deviation will not result 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 be detrimental to the public health, safety, and welfare, and materially injurious to properties or improvements in the vicinity. E. The Costa Mesa City Council has denied Planning Pursuant to Public Resources Code Section 21080(b)(5) Section 15270(a) CEQA does not apply to this project rejected and will not be carried out. 14 Application PA -09-18. and CEQA Guidelines because it has been ATTACHMENT 3 j ICOSta.Mesa. City of Costa Mesa 0 Appeal of Planning Commission Decision/Rehearing - $1,220.00 0 Appeal of Zoning Administrator/Staff Decision -$690.00 APPLICATION: FOR APPEAL, REHEARING, OR REVIEW ApplicantName* Wendy Leece, .Mayor Pro Tem Address Phone Representing REQUEST FOR: ❑ REHEARING ❑ APPEAL x❑ REVIEW** Decision of which appeal, rehearing, or review is requested: (give application number, if applicable, and the date of the decision, if known.) Application: PA -09-18 Address: 845 Baker ;Street, 53—Unit Senior Citizen Residential Project Date of Decision: June 14, 2010 Decision by: Reasons for requesting.appeal, rehearing, or review: *If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization. **Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person ;or body other than City Council/Planning Commission, date of hearing of appeal, rehearing, or review: 17 ATTACHMENT 4 Margaret Thibodeau 810 Baker, Unit 110 Costa Mesa, CA 92626 714 360-0400 Gept2@aol.com Please allow me to introduce myself, I am Margaret Thibodeau of 810 Baker Street, Unit 110, Costa Mesa, CA and I am the current president of the Knowleton Manor HOA. This email is in reference to the results of the Costa Mesa Planning Commissions meeting on June 14, 2010 for Planning Application PA -09-18. The structure in the application is for a 53 unit, 4 story mixed use senior housing and retail building located at 845 Baker, directly across from our HOA at 810 Baker. Initially our community was delighted to hear that the SoBECA Urban Plan had chosen for development a project for senior housing, and it occurred to all of us what a wonderful addition it would be to our neighborhood. We are a pro -active community. In the past we have had numerous complaints about our neighbor the Shark Club due to the crowd it attracts, noise levels, increased traffic, trash and vandalism and entry by strangers into our gated property and locked fences. After costly repairs and working with the city and the owner of the Shark Club we have managed to find a solution that we can all tolerate. We believe working through situations like the one with the Shark Club is all about living in a good community; one that not only tolerates the differences but is willing to work towards a solution where all parties can feel their opinions and ideas have value, merit and are considered in the big picture of the community's welfare. While the Knowleton Manor residences welcome the senior housing at 845 Baker we do have several concerns and feel after attending the Planning Meeting last Monday, June 13, 2010 that the Planning Commission Chair James Regheimer pretty much had his mind made up before our rebuttals were ever offered. Hence his comment to the representative from the Red Mountain Retail Group, "Can you tell me how our city can attract more of this type construction?" and Mr. Regheimer went on to explain to anyone who cared to listen that the city get's federal funds when they allow this type of construction. While we don't care for his "money mentality" we do understand that a Planning Commission should always be looking out for the welfare of the community. We did get our moment and were able to voice our concerns. To us the concerns are self evident but to a tired planning commission with their eye on the prize it didn't appear so. Our concerns are the limited number of parking spaces allotted to the development; planned 45 spaces for residence and guests in this 53 unit building. That is less than one space per unit. For most people who drive these days well into their late 70's and early 80's that hardly seems like enough spaces for residents and possible visitor. The noise study submitted in the meeting hand out was dated March 2, 2007; nearly three and a half years ago and a lot has changed since the study was done. Baker's traffic flow has noticeably increased along with the noise level. In fact it has increased enough that we have often thought of approaching the city and asking them to replace the wooden wall we have on Baker Street with a 6 foot concrete cinderblock wall as a noise barrier. We tolerate the Shark Club and the fire department, now with a high rise concrete structure we will have more solid face surface for the sound to bounce back at us. Our residence at Knowleton Manor and the Pentridge Cove complex all exit and enter on Randolph Street and it is frequently difficult to left turn out or left turn in due to heavy traffic on Baker during peak travel times. The look of the proposed building offers no surprises for the SoBECA groups mind set and present plan. It does offer our home owners some concern as to it overall industrial and institutional look in our community of existing Cape Cod style condos which is prevalent in home, condos and apartments in the immediate area. Respectfully we would like to ask the builders and owners to consider softening the color pallet, giving the new structure a chance to blend with existing properties. Current plans call for a brick red, grey and mustard pallet. Residents worry that -their home values will be effected by looking like they have an industrial institution in their midst. Our last and we feel the most important concern is not for us but for our new neighbors at 845 Baker Street. The biggest concern is for the citizens of 845 Baker is as they cross the street to access public transportation. It is inevitable that some of the senior occupants who don't drive will need to use our local bus lines to get to their destinations. Conveniently the closest bus stop is directly across the street, but getting their by crossing Baker is problematic and extremely hazardous. And as we all agree Baker is a busy street day and night being an access point to and from the 55 and 405 freeways. We respectfully ask the Costa Mesa City Council give serious'consideration to installation of a flashing sidewalk at the corner of Jeffrey to allow for the safe crossing of the senior residence at 845 Baker Street. This is a modern and aesthetic solution to a potentially dangerous situation. Please consider this carefully before approving the final plans from Red Mountain. Surely this is a good use for that federal funding Planning Commission Chair James Regheimer mentioned, why not use it to save lives and improve our community? Maybe more builders would be attracted to our community if we were viewed as a progressive community looking to creating solutions not potential life threatening situations. For additional information on flashing sidewalks see the two links shown below: htt ::www urbanstreet.info/21id symproceedings/Volume%202/Miller.pdf http://www.ci.kirkiand.wa.us/depart/­Publit Works/Transportation Streets/Flashing Crosswalks.htm We know that this structure will be built and we are powerless to change the mindset of the Planning Commission and their vote. We regret we could not do a formal appeal with the city but the $1200+ filing fee is just prohibitive to our budget and we shocked that freedom of speech had such a high price tag with the city of Costa Mesa. Sincerely, Margaret Thibodeau /9 ATTACHMENT 5 06-14-1.0 PC Minute Excerpt for PA -09-18 - Unofficial Until Approved 3. Application No.: PA -09-18 Site Address: 845 Baker Street Applicant: Eric A. Nelson Zone: Cl/Mixed-Use Overlay Environmental Determination: Exempt Description: Master clan to construct a mixed-use, four-story, 53 -unit senior housing project with 4,980 sq. ft. retail, with up to 10% compact parking spaces (seven total) in the SoBECA Urban Plan. Deviations from Urban Plan requirements also requested. Senior Planner Mel Lee reviewed the information in the staff report and responded to questions from the Commission. Regarding ex'parte communications, the Chair, Vice Chair Clark, Commissioner Fitzpatrick, and Commissioner Mensinger said they each met with the applicant. Art May, USA Properties, co -applicant, made a detailed presentation. Jan Hochhauser, Hochhauser Blatter Architecture + Planning, project architect, addressed signage, parking, and the architectural design of the project. Commissioner McCarthy, Mr. May, and Mr. Hochhauser discussed the location of the project; proximity to public transportation and grocery stores; goals of this mixed-use project; onsite amenities; traffic rates; aesthetic appeal of the project; and square footage of the units. Eric Nelson, authorized agent for 845 West Baker Street Lofts LLC, stated that he did not contact the Shark Club for their comments. Commissioner Mensinger, Mr. May, and Mr., Hochhauser discussed the architectural design of the project; landscaping; affordable housing; the one and two-bedroom mix; and one elevator for the building. Commissioner Fitzpatrick, Mr. May, and Mr. Hochhauser discussed the full-time manager and security guard onsite; the gated portion of resident - assigned parking spaces; and how to acquire more senior housing in the City. Margaret Thibodeau, neighbor across the street in Knowleton Manor, expressed concern regarding the traffic impact this project will bring to Baker Street; the safety of the seniors crossing the street to access public transportation; and her displeasure with the building design. Ms. Thibodeau suggested a traffic light be a<.O put in at Baker Street and Randolph Avenue. She also made some comments regarding the Shark Club noise. Beth Refakes, Costa Mesa, expressed concern regarding traffic on Baker Street, noise, parking, and fumes from the freeway causing a health hazard. Chris McEvoy, Costa Mesa, noted the project area is noisy and commented on a problem of overflow parking from the Shark Club. Jon Hanour, owner of the Shark Club, expressed concern regarding sound attenuation and stated the dance floor of his business is 30 feet from the project's wall. He noted that he wants to see the noise study. Mr. May returned to the podium and said the traffic volume is significantly less with senior housing and noted no signal is needed. Mr. Hochhauser returned to the podium and commented on the goals of the SoBECA Urban Plan and said the consultant's report notes that sound can be mitigated from the Shark Club. The Chair closed the public hearing. Commissioner McCarthy stated that you cannot mitigate sound impacts from the Shark Club. He also commented on the traffic speed on Baker Street; the project not being walking -friendly; and his disappointment with the project's aesthetics. The Chair, Commissioner Mensinger, and Mr. Lee discussed the noise study incorporating window and door thickness; addressing the need for the project to be more harmonious with the community; and funding for senior affordable housing. Commissioner McCarthy mentioned that this project is not what he envisioned and has a lot of impediments. Commissioner Mensinger said he understood Commissioner McCarthy's concerns. Vice Chair Clark stated that he wants low income senior housing; said there is noise attenuation; and noted the applicant's ability to create a mixed-use residential project. He proceeded to make a motion. MOTION: 'Approve Planning Application PA -09-18, by adoption of Planning Commission Resolution PC -10-19, based on the evidence in the record and the findings contained in Exhibit "A", subject to conditions in Exhibit "B". Moved by Vice Chair Sam Clark, seconded by Commissioner Stephen Mensinger. During discussion on the motion, Vice Chair Clark asked the applicant to work on the noise study. The motion carried by the following roll call vote: Ayes: Chair James Righeimer, Vice Chair Sam Clark, Commissioner Jim Fitzpatrick, and Commissioner Stephen Mensinger Noes: Commissioner Colin McCarthy Absent: None. The Chair explained the appeal process. CC: File RESOLUTION NO. PC -10- /q A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -09-18 THE PLANNING COMMISSION 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; 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 within Exhibit "B," the Planning Commission hereby APPROVES Planning Application PA -09 - BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission 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. PASSED AND ADOPTED this 14th day of June, 2010. J A-3 ,mer, unair, Planning Commission STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, CLAIRE FLYNN, Assistant Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on June 14, 2010, by the following votes: AYES: COMMISSIONERS: RIGHEIMER, CLARK, FITZPATRICK, MENSINGER NOES: COMMISSIONERS: MCCARTHY ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Assistant Secretary, Co&(a Mesa Planning Commission ay EXHIBIT "A" FINDINGS (APPROVAL) PA -09-18 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 -1A.1, LU -1C.2, and LU -117.5. 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. PA -09-18 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. a6 PA -09-18 EXHIBIT "B" CONDITIONS OF APPROVAL (IF PROJECT IS APPROVED) 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 � 7 PA -09-18 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 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 PA -09-18 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 PA -09-18 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. 3a ATTACHMENT 6 PLANNING COMMISSION AGENDA REPORT X.3 MEETING DATE: JUNE 14, 2010 ITEM NUMBER: SUBJECT: PLANNING APPLICATION PA -09-18: MASTER PLAN FOR A MIXED USE, 53 -UNIT, 4 - STORY, SENIOR HOUSING AND 4,980 SQ. FT. RETAIL COMMERICAL PROJECT AT 845 BAKER STREET DATE: JUNE 3, 2010 FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP, SENIOR PLANNER (714) 754-5611 (mlee&i.costa-mesa.cams) DESCRIPTION The applicant is requesting approval of 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. Deviations from Urban Plan requirements for maximum floor -area ratio (1.0 FAR allowed, 1.1 FAR proposed) and minimum nonresidential area (0.15 FAR required, 0.13 FAR proposed) are also requested. APPLICANT Eric A. Nelson is the authorized agent for 845 West Baker Street Lofts LLC, the property owner. RECOMMENDATION Approve by adoption of Planning Commission resolution, subject to conditions. A�(_ . ' MEL LEE, AICP Senior Planner 0/ i PLANNING APPLICATION SUMMARY Location: 845 Baker Street Application: PA -09-18 Request: Master plan for a mixed-use, 53 -unit, four-story senior housing and 4,980 square foot retail commercial project with a maximum of 10% compact parking spaces (7 parking spaces total), with deviations from FAR Urban Plan requirements. SUBJECT PROPERTY: SURROUNDING PROPERTIES: Zones: C1 and Mixed -Use Overlay District North: (Acr. Baker St.) R3, Residences .General Plan: General Commercial South: SR -73 Freeway Lot Dimensions: Irregular East: C1, Nightclub Lot Area: - 37,766 SF (.86 Acres) West: SR -73 Freeway Existing Development: One story commercial building with surface parking and monopole facility. DEVELOPMENT STANDARD COMPARISON Development Standard Zoning Code SoBECA Proposed/Provided Pam itrarl/AlIMAIMA Pnniiircrt/All--A Lot Size: Lot Width 120 FT NA 211 FT Lot Area 12,000 SF NA 37,766 SF Floor Area Ratio (FAR): Maximum FAR For Mixed Use NA 1.0 37 766 SF 1.1 41,783 SF),(`!)-: Minimum FAR Non Residential NA .15 5,665 SF .13 4,980 SF 1 Maximum Building Height: NA 4 Stories/60 FT 4 Stories/58 FT, 6 IN Maximum Lot Coverage: NA 90% 33,989 SF 55% 20,072 SF Minimum Open Space(Total Site): NA 10% 3,777 SF 12% (4,603 SF Residential Open Space: NA 200 SF/Unit 10,600 SF 234 SF/Unit 12,389 SF Setbacks(Building): Front NA 10 FT 10 FT Side (left/right NA 0 FT/ 10 FT 5 FT/46 FT, 3 IN Rear NA 0 FT 5 FT - Parking For Senior Units — 51 1 -Bed, 2 2 -Bed: 40 spaces (2) NA 45 spaces Parking For Retail Uses: 19 spaces Refer to Code 21 spaces Handicap Parking 1 space. 2 spaces Parkinq Grand Total: 60 spaces 68 spaces Compact Parkin 3 6 spaces max. NA 7 spaces max. NA = Not Applicable. (1) Deviations requested (1.0 FAR allowed, 1.1 .FAR proposed) and (.15 Nonresidential FAR allowed, 0.13 FAR proposed) (2) Code is silent on parking for senior units; staff applied a .75 space per unit requirement similar to other senior projects. 3 Approval to allow a maximum of 10% dom act parking spaces requested. CEQA Status: Exempt, Class 32 (In -Fill Development) Final Action: Planning Commission BACKGROUND Project Site/Environs The project site is located on the south side of Baker Street, immediately abutting the SR -73 Freeway. The site is adjacent to the property occupied by the. Shark Club and contains a one-story commercial building containing a repair shop and a rug store. A 30 -foot high monopole with related equipment is located towards the rear of the property. The property is zoned C1 and has a general plan designation of General Commercial. The property is also located within the South Bristol Entertainment and Cultural Arts (SoBECA) Urban Plan, a mixed-use overlay district. Because the proposed development is a mixed-use project, the provisions of the SoBECA Urban Plan apply to this project. ANALYSIS Master Plan Project Elements The master plan for the four-story mixed-use development consists of the following elements: • Demolition of the existing one-story retail building and 30 -foot tall pole sign. The monopole and related equipment at the rear of the property is not proposed to be removed in conjunction with this project. • On the first level, 4,980 square feet of commercial retail space and 68 surface parking spaces is proposed. Of the 68 surface parking spaces, 45 spaces are allocated for residents and their guests, and 21 spaces are allocated for commercial tenants and their customers. Two handicap spaces are also provided. The applicant is also proposing 7 compact spaces, which is discussed later in this report. • With regard to the parking for the residential component, the Zoning Code does not specify a parking rate for senior apartments. However, the industry standard based on a survey of surrounding Cities is 0.5 to 0.8 spaces per unit. The project is providing parking for the senior apartments at a rate of 0.75 spaces per unit. • The senior housing consists of 51 one -bedroom units approximately 532 square feet in size and 2 two-bedroom units approximately 782 square feet in size. • The building design is contemporary, consisting of vertically scored stucco with metal seam copper panels, cement plaster, and anodized aluminum windows. The developer will incorporate sustainable building (i.e., "green") practices in the building where appropriate. • The project consists of affordable rental housing for seniors 55 years of age or older. The applicant is working with the City Council in their capacity as the Redevelopment Agency, as well as the County of Orange, to obtain any available redevelopment or affordable housing funding necessary for this project. Justifications for Approval of the Master Plan The C1 (Local Business District) base zoning designation for the property does not allow for mixed-use development. However, mixed-use development may be approved via a master plan in the SoBECA mixed use overlay district if the proposed project is consistent with the SoBECA standards. It is staffs opinion that the project is consistent with SoBECA for the following reasons: • The Proiect is consistent with the obiecfives of the Urban Plan. Specifically, the Urban Plan encourages mixed-use development that revitalizes the area without exceeding the development capacity allowed under the General Plan. According to the Transportation Services Division, the number of residential units and the amount of commercial square footage proposed for this project will not create an adverse impact on existing traffic on the surrounding street system. Additionally, as discussed later in the report, the project is consistent with several General Plan Policies, specifically, Land Use Element Policy LU -1F.5, and Housing Element Policy HOU-3.2, which encourage developments with well-designed and integrated residential and commercial uses within a single project or neighborhood. Finally, the residential component is an affordable senior housing project, which will help achieve the City's Regional Housing Needs Assessment (RHNA) goals for low-income housing. Condition of approval number 6 requires recordation of an Affordable Housing Agreement by the City Council and Redevelopment Agency, as applicable. • The Project Provides adequate resident -serving nmon;ffao ;_ fhr. areas and/or private open space areas. The majority of /the units will beeorie ted around a 3,131 square foot central landscape podium courtyard in the center of the building. Each unit will have an approximately 84 square foot private patio/balcony. Common activity/recreation rooms will be located on the second, third, and fourth' levels of the building. The Urban Plan allows a combination of private and common open space to account for the required residential open space per unit. The amount of private and public resident open space is compliant with the Urban Plan requirement (200 square feet per unit required; 234 square feet per unit provided). This accounts for the podium courtyard (3,131 square feet), private balconies (4,655 square feet), and common landscaped areas (4,603 square feet). Additionally, the facility has a total of 2,327 square feet of common activity rooms dispersed on each floor of the residential portion of the building, even though these facilities are not included in the total open space calculation. Condition of approval number 12 specifies a minimum number of trees, types of outdoor furniture, etc.*, for the podium courtyard area to ensure a sufficient amount of amenities for residents for passive recreation purposes. ------- ••�- G �����uiium commercial and industrial co_. The site is not listed as a hazardous waste site on any State or Federal database. A Phase 1 Environmental Assessment Report prepared for the property revealed no adverse environmental conditions (contaminated soil, leaking fuel tanks, etc.) either on subject property or in the surrounding area. A copy of the Executive Summary of the Phase 1 Environmental Assessment Report is attached to this report (Attachment 4). Condition of approval number 2 addresses the potential impacts related to any asbestos removal during building demolition and potential removal of seven underground hydraulic lifts. Conditions of approval also require appropriate measures for proper removal and remediation, as applicable. 3y Noise attenuation measures are required. Based on the noise study prepared for the project, a copy of which is attached to this report (Attachment 3), the present exterior noise levels exceed the Community Noise Equivalent Level (CNEL) of 60 decibels (dBA). As a result, the developer is required to comply with all applicable California Noise Insulation Standards, as well as the construction standards recommended in the noise study, to provide a maximum interior noise level as specified by the City's Noise Ordinance. Specifically, the following interior noise standards apply to residential property: RESIDENTIAL - •- • ,.-. Noise Level Time Period 55 dBA 7:00 a.m. to 11:00 p.m. 45 dBA 11:00 p.m. — 7:00 a.m. *See Title 13, Chapter X111, Noise Control, for additional information and exceptions. Condition of approval number 24 requires appropriate design and construction of the project exterior walls, windows, and doors to attenuate interior noise levels in compliance with the City's Noise Ordinance. The proposed residences have adequate separation and screening from adjacent commercial uses. The proposed residences have adequate separation and screening from adjacent commercial uses through site plan design, structural features, landscaping, and perimeter walls. Existing perimeter chain link fencing will be removed. A minimum six-foot high block wall is proposed along the side abutting the freeway right -of way, and a minimum 8 -foot high block wall is proposed along the side abutting the Shark Club property. Condition of approval number 25 requires the developer to work 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. Considerations for Compatibility with Adjacent Shark Club Property Reauired interior noise attenuation will minimize noise levels from nightclub operations to a more restrictive interior noise standard per the Citv's Noise Ordinance. It should be noted that the noise study generally refers to interior standards of 50 dBA. This standard applies from 7:00 a.m. To 11:00 p.m. However, the Noise Ordinance requires an interior standard of 45 dBA during the late night/early morning hours from 11:00 p.m. to 7:00 a.m., with an additional reduction by five decibels to 40 dBA if the impact noise consists of music. The noise study indicates that the noise environment consists primarily of traffic noise from the SR -73 Freeway and Baker Street (65 dBA to 67 dBA) and Shark Club music activities. The noise levels generated by the club during the late night hours (10:00 p.m. to 3:00 a.m.) involved musical instruments, bands, and broadcast stereo systems I _ with low bass. Noise levels were measured as high as 83 dBA during the club operations. As noted earlier, condition of approval number 24 requires that appropriate sound attenuation be implemented during construction through building design to achieve lower than a 40 dBA level to address impact noise from the Shark Club. 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. • Private security is repuired to be p Club's rovided. An existing condition of approval for Shark I use permit (PA -98-18) requires the property owner to provide on-site security daily from 8:00 pm to closing. This condition remains in full force and effect. However, condition of approval number 15 also requires on-site security be provided for the proposed project to minimize disruption to residents during the evening hours Shark Club is open on Friday, and Saturday evenings. • Parkin is required to be for the exclusive use of residents and patrons. Shared parking with the Shark Club is expressly prohibited. This is to provide a reasonabler assurance of the quiet enjoyment of the residents as well as adequate parking. Condition of approval number 16 prohibits shared parking, including any private agreement between property owners, to occur. • Advance notice to tenants of the dsting environment. Condition of approval number 14 requires that tenants receive advance notice prior to signing a lease agreement. The notice shall describe the existing industrial businesses in the area and adjacent Shark Club operations. i Deviations from Urban Plan Deviations from the development standards of the Urban Plan may be approved through the master plan - no variances are required - if acan g excellence in project design, site planning, integration pof uses and structures, and made protection of the integrity of the neighborhood. The project does not comply with the following development standards of the Urban Plan: • Maximum Floor Area Ratio (FAR) for mixed-use projects (1.0 FAR allowed; 1.1 FAR proposed, an excess of 4,017 square feet); and • Minimum FAR for the retail component (.15 FAR required; .13 FAR proposed, a shortage of 685 square feet). Following are staff justifications in support of the minor deviations: • i ne project will provide affordable housing units to seniors aped 55 years or older, This will thereby assist in achieving the City's State -mandated affordable housing staff is currently working with the developer to identify goals. City and Community Development Block Grant financing for his project. development Agency 340 • - Persons 50 units One -bedroom units $517/month 2 units Two-bedroom units $581/month TOTAL: units available to low-income persons aged 55+ *Note: A one -bedroom unit will be provided for an on-site manager and is not considered an affordable unit. A condition of approval requires high-quality materials and construction for the affordable units including: fully equipped kitchens with dishwashers, plush wall to wall carpeting, central heating and air conditioning, etc. A detailed description of the unit amenities is provided in the applicants description letter (Attachment 2). The project is also required to provide social services for seniors including card rooms, libraries, television/media rooms, and health and workout areas. Conditions of approval have been incorporated requiring that these services at a minimum will be provided to the residents. Allowable Uses and Signage in Commercial Area Because this is a mixed-use development project with housing and business activities located in the same building, conditions of approval are recommended to ensure compatibility between the residents and commercial tenants. Condition of approval number 5 restricts the proposed project to specified nonresidential uses as suggested in the SoBECA Urban Plan. Some permitted uses include: restaurants, cafes, artist studios, beauty shops, retail stores, general offices, and financial institutions — and these uses are further specified in Exhibit "C" of the approval resolution. All other nonresidential uses that are not shown in Exhibit "C" shall require review and approval by the Planning Division and/or an amendment to the Master Plan. • Condition of approval number 13 expressly prohibits commercial building wall signage located above the first floor of the retail area and 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. Other than allowable commercial and residential signage, no additional signage, banners, graphics, or murals shall be allowed on the building without prior approval from the Planning Division. • Commercial uses: 9 feet wide by 18 feet deep; • Residential uses: 8.5 feet wide by 18 feet deep. Code Section 13-94 allows a maximum of 10 percent of on-site parking spaces to be compact or small cars, subject to approval of a minor conditional use permit. The minimum dimension for compact stalls allowed under Code is 8 feet wide b 1 16 feet deep. Typically, minor conditional use permits are reviewed by the Zoning Administrator, however, the request has been incorporated into the proposed Master Plan for the project. Of the 7 compact parking stalls, 5 are allocated for the residential use and 2 are allocated for the commercial use. The applicant is proposing a minimum dimension of 8 feet wide by 18 feet deep for these spaces, except where the spaces are adjacent to building walls, where they are required to be increased to a minimum of 9 feet in width per City Code. The location of the compact spaces is shown in Attachment 6. It is staffs opinion that approval of the compact space are justified because the spaces exceed either the minimum depth or width dimensions for compact spaces allowed under code, and the compact spaces are distributed throughout the parking area. Based on this, the compact spaces will not adversely affect the overall quality.of the proposed mixed-use project. ENVIRONMENTAL DETERMINATION If the request is approved, it would be exempt from the provisions of the California Environmental Quality Act under Section 15332 for In -fill Development Projects. If the request is denied, it is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15270(a) for projects which are disapproved. GENERAL PLAN CONFORMITY 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 -1A.1, LU -1C.2, and LU -1 F.5. Therefore, if approved, the project would conform to the City's General Plan. ALTERNATIVES The Planning Commission has the following alternatives: 1. Approve the project, subject to the recommended conditions of approval. 2. Deny the project. If the project were denied, the applicant could not submit substantially the same, type of application for six months. W -M CONCLUSION The development of the mixed-use project is consistent with the General Plan, Urban Plan, and applicable Zoning Code sections. Therefore, staff recommends approval of the project. Attachments: 1. Draft Planning Commission Resolutions and Exhibits 2. Project Description 3. Noise Study 4. Phase 1 Environmental Assessment Summary 5. Location Map 6. Map Showing Location of Compact Spaces 7. Plans cc: Development Services Director Deputy City Attorney City Engineer Fire Protection Analyst Staff (4) File (2) Eric A. Nelson 1234 E. 17th Street Santa Ana, CA 92701 Arthur M. May, AIA Senior Vice President USA Properties Fund 2440 Professional Drive Roseville, CA 95661-7773 Larry McElwain Architectural Development Manager USA Properties Fund 2440 Professional Drive Roseville, CA 95661-7773 Michelle Keldorf USA Properties Fund 3950 Paramount Blvd., Ste 101 Lakewood, CA 90712 Jan R. Hochhauser, AIA Hochhauser Blatter Architecture + Planning 122 E. Arrellaga Street Santa Barbara, CA 93101 File: 061410PA0918 I Date: 060310 1 Time: 10:00 a.m. ATTACHMENT 1 DRAFT PLANNING COMMISSION RESOLUTIONS AND EXHIBITS y� RESOLUTION NO. PC -10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -09-18 THE PLANNING COMMISSION 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; 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 within Exhibit "B," the Planning Commission hereby APPROVES Planning Application PA -09- 18. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission 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. PASSED AND ADOPTED this 14th day of June, 2010. James Righeimer, Chair, Costa Mesa Planning Commission yr STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Acting Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on June 14, 2010 by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Secretary, Costa Mesa Planning Commission ya EXHIBIT "A" FINDINGS (APPROVAL) PA -09-18 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. y3 PA -09-18 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. PA -09-18 EXHIBIT "B" CONDITIONS OF APPROVAL (IF PROJECT IS APPROVED) 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 YY PA -09-18 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 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 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 PA -09-18 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. ite: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 7 .f PA -09-18 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). Asa result, the developer shall comply with allapplicable 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. EXHIBIT "C" LAND USES IN SOBECA URBAN PLAN LAND USE MATRIX P= Permitted, MC = Mirror Conditional -:Use Permit, C= Conditional Use Permit NONRESIDENTIAL USES IN MD[ED-USE DEVELOPMENTS (HORIZONTAL OR VERTICAL) r--- • Restaurants/Cafes/Sandwich Shops P • Artists, sculptors studios P • Banks; Savings and Loans; and other Financial institutions P • Barber and beauty shops . P • Commercial art; Graphic design P • Computer and data processing P • Grocery Market P i Laundry/Drycleaning garment secs (excludes"dry'cleahing plants)" ' P • Offices: General P • Photocopying; Blueprinting and related services; photo finishing P • Printing and publishing P • Retail Stores P • Building supplies; Hardware stores (retail) MC • Catering MC • Off-street parking lots and structures MC • Photography: Commercial/ Portrait Studio MC • Recording studios MC • Studios: Dance; Martial arts; Music, Yoga, etc— MC • Physical Fitness. Facilities MC • Churches and other places of religious assembly C • Civic and community clubs C • Amusement centers C • Convenience stores; Mini -markets C • Furniture repair and refinishing with incidental sales C • Liquor stores C • Motion picture theaters and other theaters C • Research and development laboratories C NONRESIDENTIAL USES IN LIVE/WORK UNITS • Artists craftsersons scu] tare studios woodworldn furniture P • Retail: Nonstore internet businesses) P • Commercial art, graphic design, website designers P • Computer and data processing P • Le al En 'neerin • Architectural; and Surve)dng services P • Offices: Professional central admin., 2eneral services to business P • Offices: medical/dental MC • Photo anh : Commercial MC • Photo anh : Portrait Studio MC y6 RESOLUTION NO. PC -10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA DENYING PLANNING APPLICATION PA -09-18 THE PLANNING COMMISSION 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; BE IT RESOLVED that, based on the.evidence in the record and the findings contained in Exhibit "A," the Planning Commission hereby DENIES Planning Application 16 PASSED AND ADOPTED this 14th day of June, 2010. James Righeimer, Chair, Costa Mesa Planning Commission y7 EXHIBIT "A" FINDINGS (DENIAL) PA -09-18 A. The proposed project does not comply with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship does not exist between the proposed use and existing buildings, site development, and uses on surrounding properties. 2. The proposed project does not comply with the performance standards as prescribed in the Zoning Code. 3. The proposed project is not consistent with the General Plan, Zoning Code, or Urban Plan. B. Pursuant to Section 13-29(8)(5) of the Municipal Code, the master plan does not meet 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. C. Pursuant to Section 13-83.52(c) of the Municipal Code, the project is not consistent with the General Plan and does not meet the purpose and intent of the mixed-use overlay district and the stated policies of the of the SoBECA Urban Plan. 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 not result in practical difficulty inconsistent with the purpose and intent on the General Plan and Urban Plan. The granting of the deviation will not result 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 be detrimental to the public health, safety, and welfare, and materially injurious to properties or improvements in the vicinity. E. The Costa Mesa Planning Commission has denied Planning Application PA -09- 18. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a) CEQA does not apply to this project because it has been rejected and will not be carried out. F. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. ATTACHMENT 2 PROJECT DESCRIPTION f? June 1, 2010 PROJECT DESCRIPTION 645 West Baker Street The Baker Street Mixed Use / Senior Housing Commercial project is located on an urban infill previously developed site which is adjacent to Highway 73. The project is organized with ground floor commercial on the Baker Street frontage and garaged/structured parking on grade behind. The podium that covers these uses supports 3 additional stories of residential apartments and community spaces. The residential units are configured around an interior courtyard so as to facilitate a sense of community and interface between residents. This courtyard is shielded from the elevated freeway by the residential units on its western side and these units are oriented into this pleasant pedestrian space. Individual residential units have orientations to Baker Street, the south and east and there are no units which orient to the freeway and west, thereby avoiding detrimental impacts of the elevated freeway and harsh western sun. This senior community is designed with comfort convenience and independence in mind. Elevator access is provided to each floor and a street level residential entry lobby creates a legible and inviting presence on Baker Street. The community includes a clubhouse community center with fully equipped kitchens, card rooms, libraries, television/media rooms, computer desks, health and workout areas and fully eg4lippp�edd;�en�ry areas. City of Costa Mesa Development Services Department 0 Jug'o I WO • Page 2 June 1, 2010 Typical unit amenities for the senior residential units include fully equipped kitchens with dishwashers, continuous cleaning ovens, refrigerator/ freezers, garbage disposals and pantry cabinets. Each unit has plush wall to wall carpeting, central heating and air conditioning, and vertical blind window coverings. The units have spacious bathrooms with tub shower units as well as generous closets and storage. Each unit incorporates its own private patio/balcony. The exterior architecture and building mass is articulated with scaled elements, balconies and solar shading to impart texture and visual interest to the form of the building. On the Baker Street elevation, a hierarchy of fenestration is developed between the ground level commercial spaces/main residential entry lobby, and the residential units above. The west facing freeway elevation is softened with the incorporation of green wall trellis elements and fenestration along the residential access corridors. A variety of materials, textures, and color is further employed to create a rich composition of this building and site within its neighborhood context. The development is designed to meet and exceed green standards set fnrth hu thin f itv of f nctn Moca The developer, USA Properties Fund typically employs a wide variety of energy efficient and sustainable building standards for all of its projects. These sustainable building standards promote public health, energy conservation, operational savings, improved energy performance, and healthier indoor environment. Some of the features included in the design are: • Use of fluorescent light fixtures for at least 75% of the project interior and exterior lighting (or sodium lighting) ,57 • Page 3 June 1, 2010 • Water saving and low -flow devices in kitchens and baths • All Energy Star Rated appliances • Ceiling fans in bedrooms and living room • CRI green -label, VOC carpeting and pad and low VOC flooring adhesives • Humidistat sensor on bathroom fans that vent to exterior • Title 24 efficiencies including Low -E windows and fully insulated buildings • Exceed Title 24 Energy Standards by a minimum of 10% • Provide Secure Bicycle Storage for 5% of Non Residential Tenants Employees and Visitors • Drought Tolerant California natives • Create drought Resistant Soils • Design and Install High Efficiency Irrigation System • Plant Hydro zones • Minimize Turf areas • At least 30% of the site includes Cool Site Techniques • Includes Universal design in over 80% of units • Divert a portion of all construction and demolition waste by 65% • Construction Material Efficiencies including Pre-cut lumber from supplier in 80% of material • 20% Recycle Fly ash in concrete All insulation contains no added formaldehydes • Energy Star fans • AC units contain NON -HCFC Refrigerants • Infiltration Testing by CHEERS rater • Ceiling fans in bedrooms and Living Rooms • Pre wire Photovoltaic's • Energy Star Clothes Dryers • Page 4 June 1, 2010 • Central Laundry • Water Efficient Fixtures • High Efficiency Toilets • Flow Limiters on all Faucets • Low/No VOC Paints and Coatings • Low VOC Construction Adhesives • Environmental Preferable Flooring in 75% of Units ,53 ATTACHMENT 3 NOISE STUDY NOISE STUD' 845 Baker Street Costa Mesa, California Prepared for: RED MOUNTAIN RETAIL GROUP Prepared by: PCR SERVICES CORPORATION November 2007 M BAKER STREET t :Etz LEGEND r Proposed Project Site Noise Measurement Location qI __ Figure 1 "�� — �;c'_;t N Site Plan Showing _— Noise Monitoring Locations Source: Red Mountain Retail Group, 2007; Google Earth, 2007 Baker Street 57 lip{t Y 4 Y P LEGEND r Proposed Project Site Noise Measurement Location qI __ Figure 1 "�� — �;c'_;t N Site Plan Showing _— Noise Monitoring Locations Source: Red Mountain Retail Group, 2007; Google Earth, 2007 Baker Street 57 j LEGEND r Proposed Project Site Noise Measurement Location qI __ Figure 1 "�� — �;c'_;t N Site Plan Showing _— Noise Monitoring Locations Source: Red Mountain Retail Group, 2007; Google Earth, 2007 Baker Street 57 2. NOISE ANALYSIS 2.1 NOISE DESCRIPTORS The decibel (dB)' is a conventional unit for measuring the amplitude of sound because it accounts for the large variations in sound pressure amplitude and reflects the way people perceive changes in sound amplitude. When describing sound and its effect on a human population, A -weighted (dBA) sound levels are typically used to account for the response of the human ear. The term "A -weighted" refers to a filtering of the noise signal in a manner corresponding to the way the human ear perceives sound. Community noise levels usually change continuously during the day. The equivalent sound level (Leq) is normally used to describe community noise. The Leg is the equivalent steady-state A -weighted sound level that would contain the same acoustical energy as the time - varying A -weighted sound level during the same time interval. For intermittent noise sources such as music, the maximum noise level (LmaX) is normally used. The Lmax sound level represents the maximum noise level measured during the measurement. Another noise metric, commonly used for land use planning and is also used by the City of Costa Mesa, is the Community Noise Equivalent Level (CNEL). The CNEL adds a 5 dBA penalty to noise occurring during evening hours from 7:00 P.M. to 10:00 P.M., and a 10 dBA penalty to sounds occurring between the hours of 10:00 P.M. to 7:00 A.M. to account for the increased sensitivity to noise events that occur during the quiet late evening and nighttime periods. Thus, the CNEL noise metric provides a 24-hour average of A -weighted noise levels at a particular location, with an evening and a nighttime adjustment, which reflects increased sensitivity to noise during these times of the day. 2.1 CITY OF COSTA MESA REQUIREMENTS The SoBECA Urban Plan requirement with respect to noise study for the Project is stated as follows: The residential interior noise levels shall be 45 CNEL or less; and 1 All sound levels, measured in decibel (dB), in this study are relative to 2x10-5 N/m2 Red Mountain Retail Group PCR Services Corporation 35 Baker Street November 2007 Noise Study • The residential exterior noise levels in private open space areas shall be 65 CNEL or less. The residential exterior noise standards; however; are not applicable to multi- family residential development or live/work units located within a Mixed -Use Overlay District. • The City of Costa Mesa Noise Ordinance (Section 13-281) provides' interior noise standard of maximum noise level of 55 dBA (for nighttime hours between 10 P.M. and 7 A.M.). The standard also states that for noise consists of music, the noise standard shall be reduced by 5 dBA. As applicable to this Project, the maximum interior noise level due to music from nearby nightclub shall be 50 dBA. 2.2 EXISTING NOISE ENVIRONMENT The existing noise environment at the proposed Project site is comprised primarily of auto traffic on the adjoining 73 Freeway, nearby local streets including Baker Street; adjacent commercial operations including the existing nightclub (The Shark Club) on the abutting property (841 Baker Street), as shown on Figure 1. To quantify the existing noise environment, noise measurement was made at the project site on Thursday April 26, 2007, between 10:00 a.m. and 5:00 p.m. In addition, long-term ambient noise measurement from recent noise study for the 801 Baker Street Project (recorded in March 2007), which included noise levels from operation of adjoining nightclub, were also utilized to assess project noise impact from operation of nearby nightclub. 2.2.1 Measurement Procedures Noise measurements were conducted using Larson -Davis 820 Precision Integrated Sound T ev-1 70f. — !CT A it Tha T nrcnn_TlatAc 500 CT Ad ie a Twna 1 ctanAarrl inctnimant ac `lafnarl in the American National Standard Institute (ANSI) SIA. All instruments were calibrated and operated according to the applicable manufacturer specification. The microphone was placed at a height of 5 feet above the roof elevation of the existing commercial building with direct line -of - sight to the 73 Freeway. The sound level meter was setup to collect the hourly average noise level (Leq). 2.2.2 Measurement Results Table 1 on page 5 presents the existing noise environment in the project vicinity. Based on field observation and measured sound data, the existing noise environment in the vicinity of the project,site is controlled mainly by auto traffic (the 73 Freeway and Baker Street) and noise from the adjacent nightclub especially during the late night hours when the nightclub is in Red Mountain Retail Group 845 Baker Street PCR Services Corporation November 2007 5 Noise Study a Estimated based on the measured noise levels and the nearby long-term (24 hour) measurements. t Based on measured noise levels for the 801 Baker Street Lofts project noise study. Source: PCR Services Corporation, 2007 operation. As indicated on Table 1, the Project site is currently exposed to exterior noise level up to 68.4 CNEL. Based on the measured noise data from the 801 Baker Street Lofts project, during the late night hours (between 10 P.M. and 3 A.M.) when the nightclub is in operation (i.e., Friday and Saturday nights), the maximum noise level (Ln aX) of 83 dBA was recorded at the Project site, which is up to 22 dBA higher than the nights when the night club is closed (i.e., Sunday and Monday nights). 2.3 SOUND INSULATION REQUIREMENTS In order to meet the SoBECA Urban Plan interior noise limit of 45 dBA CNEL the proposed building exterior envelope must provide a minimum of 24 dBA exterior/interior noise reduction. This translates to a minimum Sound Transmission Class (STC) STC 34 rating for exterior construction including; building fagade, windows, doors, and roof. The City noise standard of 45 CNEL interior noise level is normally adequate for general environmental noise sources, such as traffic or other continuous and steady state noise sources (e.g. building mechanical equipment). However; as mentioned in the previous section, the 1 Sound Transmission Class, STC, is a single number acoustic rating for building construction, indicating the noise reduction performance. The higher STC rating represents a higher acoustic performance or higher noise reduction Red Mountain Retail Group 845 Baker Street PCR Services Corporation November 2007 RN Table 1 Measured Ambient Noise Levels at Project Site Maximum Nighttime Lmax Ranged of due to nightclub Measurement Hourly L,y 24-hour CNEL operation Location Date / Time (dBA) (dBA) (dBA) Notes West Side facing Thursday 4/26/2007 65.5-68.0 67.0 a -- Nightclub Closed the 73 Freeway 10 a.m. to 5 p.m. East Side facing Saturday 2/17/2007 54.6-64.5 68.4 83 Nightclub Open the Shark Clubb 12 a.m. to 12 a.m. a Estimated based on the measured noise levels and the nearby long-term (24 hour) measurements. t Based on measured noise levels for the 801 Baker Street Lofts project noise study. Source: PCR Services Corporation, 2007 operation. As indicated on Table 1, the Project site is currently exposed to exterior noise level up to 68.4 CNEL. Based on the measured noise data from the 801 Baker Street Lofts project, during the late night hours (between 10 P.M. and 3 A.M.) when the nightclub is in operation (i.e., Friday and Saturday nights), the maximum noise level (Ln aX) of 83 dBA was recorded at the Project site, which is up to 22 dBA higher than the nights when the night club is closed (i.e., Sunday and Monday nights). 2.3 SOUND INSULATION REQUIREMENTS In order to meet the SoBECA Urban Plan interior noise limit of 45 dBA CNEL the proposed building exterior envelope must provide a minimum of 24 dBA exterior/interior noise reduction. This translates to a minimum Sound Transmission Class (STC) STC 34 rating for exterior construction including; building fagade, windows, doors, and roof. The City noise standard of 45 CNEL interior noise level is normally adequate for general environmental noise sources, such as traffic or other continuous and steady state noise sources (e.g. building mechanical equipment). However; as mentioned in the previous section, the 1 Sound Transmission Class, STC, is a single number acoustic rating for building construction, indicating the noise reduction performance. The higher STC rating represents a higher acoustic performance or higher noise reduction Red Mountain Retail Group 845 Baker Street PCR Services Corporation November 2007 RN Noise Study Project site is also exposed to short term but significant noise levels due to operation of the adjacent nightclub. The nightclub nighttime operation noise level was measured up to 83 dBA near the proposed project site. The high noise level generated by the nightclub during the late night hours could be a potential noise impacts to interior environment of the proposed Project. Furthermore, the nightclub related activities, as reported by Red Mountain Retail Group, noise generation is primarily from musical instruments, bands and broadcast stereo systems with low bass (low frequency). As such the Project should also comply with the City of Costa Mesa Noise Ordinance Section 13-281 (described in Section 2.1 above), that is, reduce the exterior noise from the adjacent Shark Club (83 dBA maximum noise level) to the interior of the residential units (50 dBA maximum noise level). The Project exterior walls/windows and doors construction, therefore, should provide sound attenuation of no less than 33 dBA or minimum STC 43 rating. This requirement applies to the side of building facing the Shark Club, east fagade. Red Mountain Retail Group 845 Baker Street PCR Services Corporation November 2007 3. MITIGATION MEASURES 3.1 EXTERIOR CONSTRUCTION The following mitigation measures are recommended to meet the City's sound insulation requirements for residential development. As the project is in preliminary phase, building design or construction materials are not yet selected. Therefore, mitigation measures are specified in terms of acoustic performances. 1. West, North and South Facades of Units: a. Wall — Minimum STC 34. Project design specification shall include acoustic data indicating the specified system meet minimum STC requirement. b. Windows — Minimum STC 34. Project design specification shall include manufacturer's acoustic data indicating the specified window meet minimum STC requirement. c. Doors — Minimum STC 29. Standard solid core wood or insulated hollow metal door with a full set of acoustics seal would meet this requirement. 2. East Facades of Residential Units facing the Shark Club: a. Wall — Minimum STC 43. Project design details and specifications shall include acoustic data indicating the specified system meet minimum STC requirement. b. Windows — Minimum STC 43. Project design specification shall include manufacturer's acoustic data indicating the specified window assemblies meet minimum STC requirement. c. Doors — Minimum STC 38. Project design specification shall include manufacturer's acoustic data indicating the specified door assemblies meet minimum STC requirement. Red Mountain Retail Group PCR Services Corporation 6A 845 Baker Street November 2007 TABLE OF CONTENTS Page 1. INTRODUCTION.:...................................................................................................................1 1.1 Purpose............................................................................................................................1 1.2 Project Description..........................................................................................................1 2. NOISE ANALYSIS...................................................................................................................3 2.1 Noise Descriptors............................................................................................................3 2.1 City of Costa Mesa Requirements..................................................................................3 2.2 Existing Noise Environment...........................................................................................4 2.3 Sound Insulation Requirements......................................................................................5 3. MITIGATION MEASURES....................................................................................................7 3.1 Exterior Construction......................................................................................................7 Red Mountain Retail Group PCR Services Corporation 63 845 Baker Street November 2007 Home Figure I Project Site Plan.. Red Mountain Retail Group PCR Services Corporation LIST OF FIGURES Page .................................................................. 2 (y 845 Baker Street November 2007 LIST OF TABLES Table w Table I Measured Ambient Noise Levels at Project Site ............. ....................................... Red Mountain Retail Group PCR Services Corporation 65 Page 845 Baker Street November 2007 ATTACHMENT 4 PHASE 1 ENVIRONMENTAL ASSESSMENT ml March 2, 2007 PHASE I ENVIRONMENTAL SITE ASSESSMENT 845 West Baker Street Costa Mesa, California 92626 AEI Project No. 270420 Prepared For RED MOUNTAIN Retail Group . 1234 East 17th Street Santa Ana, California 92701 Prepared By AEI CONSULTANTS 2447 Pacific Coast Highway, Suite 101 Hermosa Beach, California 90254 (310)798-4255 AEI Consultants (AEI) was retained by Red Mountain Retail Group to conduct a Phase I Environmental Site Assessment (ESA), in conformance with the scope and limitations of ASTM Standard Practice E1527-05 and the Environmental Protection Agency Standards and Practices for All Appropriate Inquiries (40 CFR Part 312) for the property located at 845 West Baker Street in the City of Costa Mesa, Orange County, California. Any exceptions to, or deletions from, this practice are described in Section 1.2 of this report. Property Description The subject property is located on the south side of Baker Street in a mixed commercial and residential area of Costa Mesa. The property totals approximately 0.86 acres and is improved with a single -story building totaling approximately 11,544 square feet. The building is currently occupied by Costa Mesa Tires (Unit A), Sloane's Furniture (Unit B), and Pacific Patio (Unit Q. On-site operations include two furniture stores and an auto repair facility. In addition to the subject property building, the property is improved with a Nextel cell tower, asphalt -paved parking areas, and associated landscaping. Please refer below and to Section 6.1 for further information regarding the auto repair facility. The property was developed with the current improvements in 1968 for commercial use. Prior tenants include retail, auto repair and a print shop. Refer below and to section 3.4 for additional information regarding the environmental issues associated with the prior tenants. Based on a review of historical sources, the subject property was formerly utilized agriculturally as early as 1938. Refer below and to section 3.1 for additional information regarding the former agricultural use. The immediately surrounding properties consist of residences to the north across Baker Street, The Shark Club to the east, and the 73 Freeway to the south and west. Based upon topographic map interpretation and site observations, the direction of groundwater flow beneath the subject property is inferred to be to the north, and present at a depth of 30 feet below ground surface (bgs), according to Gregg Drilling. Findings Recognized environmental conditions MCs) are defined by the ASTM Standard Practice E1527-05 as the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. AEI's investigation has revealed the following recognized environmental conditions associated with the subject property or nearby properties: • No on-site recognized environmental conditions were identified during the course of this investigation. Phase I Environmental Site Assessment Project No. 270420 March 2, 2007 Page �� According to the Southern California Air Quality Management District (SCAQMD), Blom and Wilson Printers formerly occupied the subject property in 1989 and utilized a printing press. No violations or notices to comply were on file at the SCAQMD. Many printing industries generate waste ink and ink sludges that might contain solvents or heavy metals. No documented releases were reported for the subject property. Based on the presumed small quantity of materials involved, the lack of a documented release, and the short period of time the print shop was located onsite, the possible storage and use of hazardous materials on the subject property is not expected to represent a significant environmental concern. • Due to the age of the subject property building, there is a potential that asbestos -containing materials (ACMs) and/or lead-based paint are present. All suspect ACMs and painted surfaces were observed in good condition and are not expected to pose a health and safety concern to the occupants of the subject property at this time. Conclusions, Opinions, and Recommendations AEI's investigation has revealed no evidence of recognized environmental conditions associated with the subject property or nearby properties. AEI recommends no further investigations for the subject property at this time. However, it should be noted that if the underground hydraulic lifts are to be removed in the future, soil sampling may be required. Phase I Environmental Site Assessment Project No. 270420 March 2, 2007 '70 Page iii AEI ATTACHMENT 5 LOCATION MAP 7/ City of Costa Mesa CITY OF COSTA MESA - [Created: 5/18/2010 10:35:55 AM] [Scale: 205.86] [Page: 8.5 x 11 / Landscape] Overview Map 1 Legend Add:re:ss Ortho Nedi u m 2006, Lev,612 Address Pa:ruels Poi nts ROW Ro+ly,gpn;-. 5 treet S Names P.a;rce I Lines ,0 rth-D 200-0 Leva12 Map Display i �,. Erb:. � 3�1�!#� ���••.: �...-'' r 3 ; 362 3023 `' ,�•�,�y ++�� {x,1.1 �j, .7,L —) �.'• �� � h ��Y1�7 �: .. �4J5J�" •i�._ I � �hJr"J �`��" - 4'��` 4,.t �,, ti. r ° 44 -am•, .�*r` S - j, r - N r"4 �"'4 N. '3C1�OY CNYE'�LE11�+4IN;1. 7►�i''-4, #ti 0 CAI LKt 4%,, 0 CA . t � y I,n+.,&* kJhi -.: .,i ' gb .a �' ,.. `a" 's`3 . -�-, — _ ��g�z..%•Y ...t'r::..: ,a, .7.'�l'�.S'1 . l + x� r � i i• .2972 � t 4 T72 -'�L+ a...y E � ate � I � �� '=.h H ��� 'y i r 4•r �' V. 4a6akE`ri�o:{sI CT � n (C) 2002-0 GeoPrise.net (GeoVec, Inc.) - (866)422-2505 ATTACHMENT 6 MAP SHOWING LOCATION OF COMPACT SPACES '7.3 BAKER STREET iUp� Kc COW&RCK tepov SpAms SHARK cW8 EA.Ung Neighbor �ik L -V Ti Lp tW T,% F 71 11.... I ML -LI I S_ C,.k k1scicoMs vY Nkrisfsky FORTIN GROT, 4 STM MUM% F005— _mr"s CW41 w FIRM 1 RESIDENT ELOWVALL 9'X18' ilEWOFT. WL,c� L a(AW.1w ll c-1 Ftfi;F. IT 4 RESIDENT VI'M I'—. (El 8'Xl8' L it � U 2 COMMERCIAL 91X191 Hoclihauser Blaster lattra 1=;1 ARME"AGA CAIJ ORNIAVAI(IS aids962 m7A6 LOCATION OF COMPACT SPACES (7 TOTAL) SffE PLAN A1.1 ATTACHMENT 7 PLANS 7s" 76 Hochhauser Blatter 0 ARCHIT'ECITIRE AND PLANNING 322 E. AIUtEI- ACIA SANTA BARBANA CALffORNIA 91101 8803 962 2746 I I I I I I � I yy�s i 7$ I o I f u w 0 ix L A0.1 _I 845 W. BAKER STREET PROJECT DATA OWNER 615 N'BAI(rASIREEf, LLC - PRO=ADOE55: 61584(EHGIREET, SI CSL DWM BOOR PARCELNIMBER APNA7620241 COSICOSTA MESA CALIFORNIA B,R-1 OCCUPANLYIYPE: B,RJM052 PROIECf MORIMDON r ., . _ .... ._. ._. .. LOTARFA 37,751Sa FT.(OIDACRE5) Na OF STORIES 1 LEIIEI-- COMMERCIAL SPACE M9 PARKING 3LEVELS-RESOEIM `110WI S7OBE9•�Fi. PI Ff. ALM 111101A0 _ _ SOmFf. fALUN'MERCIAL RE7AR ONE-BEDROOM 61 TWO BEDROOM UNITS) MPAPoONO SPACES D60N GPADE6b UtAER POOIRA) BMIDIMT - _ FODTPRRR 20,0RSa FT. l - t- l v ` - AREAANALYSl9 51 ONE-BEDRODMUNITS ' 27. . . 27BmROOAWIIAUNrrS - VKL 7,5615a Ff. - BATIONICO0RS ENRDSED ORaPoi.9 4AU sa FT. . - - I "wGERSG; ICE - L•,ECI-MICA. RL• I EIEC. RIA I BEV RIM 61 DR4GE - PIGT IN0.UJ_OMFARI IAIRIORY RN'.l-LR TR=:li6RElilO`--, CpAI.11NRY Sn+>= SU&107A1 03-sa R. 61]50 F7. Sa 1. Ifi2 S0. R. 17 S1 T. 3,474 ' ENTRY L( Op�ua µ� 373 SO. FT. 49665an. TOTALBULTARFA AM SO. FT. 41 F P� 1 �M - I - ARSAAPPUCPBIETOFAR - 41,763 SO. FT. PROPOSED FAA, (1.11 FAR) FWSf S70REYCONMERpAL C014.10NMEA EXCEEDS 155: SREPRFA ALLOWABLE FARPER SRBECAUI(.AV PLAN - 1255UEAREA STANDMOALLOWPBLE FARIASHEAFFA PAI60NGCOVEREOOVPODNM - 472MMFT. 13,WSa FT. �, t r� PMMNGANALYSS CONMFAOAl801A00.50005F.1-T 20 .. __--- - - - RESIOENIBL SENgRHD iy INN REOUIRFD EO O SPACEREOUREMI . -. 10%LOTARE4 - 200 SO. FT'REDOFN7W UNT �EN6RACEP14aroEB 8776sa F7, 10.Eo6s11 r. M ,3185D. FT. VICINITY MAP PROJECT DIRECTORY '� • - - _ i, _1Tat, - uye3Fwq• r---_^_ PROJECTSITE 845 BAKER STREET, COSTA MESA, CALIFORNIA 92625 OWNER ARCHITECT W INHAKERSTREET, LLC UANR.HOCHRAUSER,AIA COSTA MESA,CA 92626 HOCHHAUSER BLATTER ARCHITECTURE PLANNING ATM. ERIC NELSON 122 E ARREUAGA S7REEf T:714245.7400 SANTA BARBARA, CA 931011 F:714.245.7401 T. 805.962.2748x102 F. 605.9628983 POOIUMOOUIOARDS PRNATEBLLLO6ES COMMONRECROOM IANDS4APESREARE4 sIIENARPSfAFE 3031 SOFT. 4,655SaFT- ;32iSOFT. 4,6235a FT• 1�36sO.FT. �� TOTAL te,msa Fi. ac 428 OF srtE ••-.. -•, C.! . PROVNEDLOTCMERRGE - PO%MAILNLoNm 20.702Sa FT. SHEET INDEX ARCHITECTURAL • • - _ AO.1 COVER SHEET � •'1Ia` •.,. — ;1� r All SITE PLAN A21 GRADE LEVEL PLAN A22 PODIUM AND THIRD LEV&- RESIDENTIAL PLAN 82.3 FOURTH LEVEL RESIDENTIAL PLAN AND ROOF PLAN SCOPE OF WORK HOUSING) MIXED-USE DEVELOPMENT, COMMERCWURESIDENTIAL (INDEPENDENT SENIOR (INDEPENDENT SENIOR HOUSING) T NORTH _ •••• , All EXTERIOR ELEVATIONS A4J BUILDING SECTIONS VIEW,TYPIC G ASA LUNR PLAN AND AREA SCHEDULE 76 Hochhauser Blatter 0 ARCHIT'ECITIRE AND PLANNING 322 E. AIUtEI- ACIA SANTA BARBANA CALffORNIA 91101 8803 962 2746 I I I I I I � I yy�s i 7$ I o I f u w 0 ix L A0.1 _I Hoc hhauser Blatter ■ ArtcrDrBcruae AND PLANNOIp 133 CARREIIAOA SANTA HARHAHA 805962 746 BOS 962 2'146 F f �w4 �SY 6i F aw SITE PLAN �W.,,L .i W A1.1 LJ 0 LrL1 3 %% FIRSTSTOREY CDNMERCWJCOMMONAREA DUEDS 15%SITEARFA COMMERCIAL L SPACE UNDERGAREA PARKING AREA RESIDENTIAL UMTS RESIDENTIAL BALCONIES LDefin CIRC. NORQONTAL IHT EXT C-ULATION VERTICAL COMMONAREAS LAUNDRY TRASH RECYCLING EXT. PODIUM COURTYARD FIRST LEVEL 4,880 13,567 - (B•4PX16MIR) 573 Cii. 3B6 812 2© I �= PODIUMLEVEL LEGEND - 9.044 1,431 1,404 2,2A5 I 608 1_IN 216 54 3,131 THIRD LEVEL - ,. L,��/ Iwi 1. ` 9,826 1,612 1,164 2.215 510 579 216 54 - FOURTH LEVEL - 9,826 1,612 1,184 2,216 510 579 216 54 - TOTAL(SO.FT) 4.980 13,667 28,698 495 4.305 6,675 2,104 3,474 618 162 3,131 FIRSTSTOREY CDNMERCWJCOMMONAREA DUEDS 15%SITEARFA { -h o E%IBINO BAKER STREETP°� �PROPenrr Ere PMETf1EE� P. (L �� IIGNTPGE3 b (D COMMERCIAL PARKINGISXIV L j ... ..MAM (SX 16 MM.) _ ® RESIDENRAL PARKING i t0 . (B•4PX16MIR) Cii. O SMALL CAR PARKIN 2© I �= (8'X 16 MIR) LEGEND I LOUNGE( LOBBY/ENCLOSED D COMMUNI7Y6PACB/ADmKAREAS CIRCIIIATIONI \ Pafiry z `a i d ,z ©_ I 1 BEDROOM UNITS i'-1,�', VERTICAL CIRCUATION ,. L,��/ Iwi 1. ` RESIDENTIAL UNIT BALCONY COMMONLAUNDRYISTORAGE1 trnLIfYR00MS COMMERCIAL SPACE Fj LANDSCAPE COVERED HALLWAY Pu' rs es. 0 (D01_2�, PAVEDAREA { -h o E%IBINO BAKER STREETP°� �PROPenrr Ere PMETf1EE� P. (L �� IIGNTPGE3 Hocl auser BI.tter A L—m I AND PLANNING PLAC. G I= E ARRHZLAOA SAMA BARHAM CALIFORt 93101 605 962 2746 I w N 9H � N � a w z Oa¢ 1 � a x. 1 �I: A2.1 FIRST LEVEL LEVEL - COMA4ERCIAL SPACE AND PARKING 6 1 _ ` — J %y b . 6 L j ... ..MAM _ i t0 . Cii. 2© I �= U I Y HS I_ 1 ©. \ Pafiry z `a i d ,z ©_ I SHARK CLUB ,. L,��/ Iwi 1. ` In ri �. .�:•cJ.i-< ,.�.;\ >1 ^`.:Vr.'>?SF ',r q• f�.� a las rs. trs 9s I' 70' �;I Ndghhar (N.LCJ Pu' rs es. 0 (D01_2�, ss Ps e.cy xq © © © 41 B RE6NENR1l Cp1tRAP11 I 0 I � •�. ! NEWS .HIGH - BLOCI( ALL B O' O O 0, --1 IIJ; I I WD �r {� 3 .. _ e ? i >lp 13( xesI; E k BEC i 104. >w t 3] 14 :I` 1'S WC— I. ASSICAO6FSOFNR4I >r ONLY- I . EASING PAIWtG FENQ RS ES 7, G e �3' I ,.I. EPSBaG - O OO h tap su MCE a��WW WWW T1O _ 1-3T' uO NEWS FL HIGH BLOCKWN•L 00(WALL 4q. it . DIST auM� 260 l P8l� A: 'VCS' wim K, (E) CELL _ T, 4 BOM1O]OG Hocl auser BI.tter A L—m I AND PLANNING PLAC. G I= E ARRHZLAOA SAMA BARHAM CALIFORt 93101 605 962 2746 I w N 9H � N � a w z Oa¢ 1 � a x. 1 �I: A2.1 FIRST LEVEL LEVEL - COMA4ERCIAL SPACE AND PARKING 6 1 _ ` — J %y TBIRD LEVEL - RESIDENTIAL UNITS PODIUM LEVEL - RESIDENTIAL UNITS sm-. 111sVz 0 1 2 Hochhauser Blatter ARC3=CTURa AND PLANNGVG 122 E-ARR GA SANTA BARBARA CAUTG-92101 BGS 962 27 6 7 PROGRESSSET wuae>,2me I L A2'2 79 I i'gga II rr-- ��f'il .a . � y �, 9 �► . �� re I IsI HE PODIUM LEVEL - RESIDENTIAL UNITS sm-. 111sVz 0 1 2 Hochhauser Blatter ARC3=CTURa AND PLANNGVG 122 E-ARR GA SANTA BARBARA CAUTG-92101 BGS 962 27 6 7 PROGRESSSET wuae>,2me I L A2'2 79 ROOF PLAN Sak 1116.1'-0' FOURTH LEVEL -RESIDENTIAL UNITS lu^ul o 1 2 t Hochha ,,. user ARCHITEGTUItE AND PLAhNINO Iu a ARRBLLAOA SANTA BARBARA CALIFORNIA 93101 ROS 962 2746 1 w. owa -- -PROGRESS SETT IN I■ula, m,mle I LA2.3_j 90 I H r t t 1 lil 1 trr:1 1�1 ■ ■' ■' ■' /T �_ I iii' Iia $1 I•��pJ pall1 Ir. — I�- m ■ ■ ©� L I ■■■� �mmm�mmmmoi�m t Sak 1116.1'-0' FOURTH LEVEL -RESIDENTIAL UNITS lu^ul o 1 2 t Hochha ,,. user ARCHITEGTUItE AND PLAhNINO Iu a ARRBLLAOA SANTA BARBARA CALIFORNIA 93101 ROS 962 2746 1 w. owa -- -PROGRESS SETT IN I■ula, m,mle I LA2.3_j 90 H ,ci�haus- Blatter JL L s ffoRBNL�. si of 803 962 2746 ._._-.�� ; NORTH ELEVATION (BAKER STREET) _ xz sm ,-0 ; -'d'R'-s _- _.-__ ._...-._..__. .- _ _' .-._._. _. _ _ _ _.._ _ - - - 4 � . SOUTH ELEVATIONrr 3,r i—i — I wW 5-�..fi u�fzw� s5 J11 - z SOUTHWEST ELEVATION (HIGHWAY 71.4. ) wI o' Q —� —armee -- -- l I f—I RF I L ®, � II 'hea� oa� i mea �P,.a®���! � � m ao ;�;•.a®�,;� ff � j; �, i1�➢eekklna�l� I ��a���•e®®�ii� ���I�I,it�l�f��®➢ 1;E�a®lr� 9 xEAST ELEVATION 41 ELEVATION - TYPICAL SIGNAGE L�3.1 _j Hoohhausor Blatter 'F nrnCrURn w PLAMiRTO Tu s waneT.uaw swxrw awRawxw 1 8059622 27 2746 805 96 r I RES,UNIi CORK. REB.UNR I�`Oa �' I o l� RES.UNR •' BAKER STREET - V I COMMERCIAL a SPACE ��AlUF 71 ,. - . ,2:1. SECTION - AA SECTION IQ LEGENOUNOELOBBY/ I ENCLOSED CIRCULATION COMMUNITY SPACEI ADMIN. AREAS o z Oaa 1 BEDROOM UNITS -,�- VERTICAL CIRCULATION I RESIDENTBALCONY RYISTORACOMMON GEI I (I UTILITY ROOMS COMMERCIALSPACE LANDSCAPE I y _ COVERED HALLWAY PAVED AREA ._. .. ACE RES. UNFr A S RES. UNrF 73 -F -WY ---------- ----------- -ACBE RES w� - S-RES.UNrF - - - - - - � •xxr A I o. li RES. UNIT i RES. UNLT — a ;.. - ..- - .-. i _ SECTION -BB sore ms•ra u,I••1 2 4 I I L A4.1 J all -gill Ulm I f 1111, IL t I; �' 1, llI RL ra FYI w Ev I Yl r I I 6. F.L' 1 IQTCHEN DINING LNINO nur ROOM ♦ BALCONY ♦ :� \.` BEDROOM z�K \\YBATHROOM - /) TYPICAL 2- BEDROOM RESIDENTIAL UNIT PLAN Hochhauser Blatter ■ ruxNwo AACFBTBC AND 122 E ARR GA SANTA BARBARA CALffOR 93101 803 962 2-746 I I I� a.O TUr nOC I � y I m�4 3 s BALCONY I N ---------- 09 -------- 0q CH DINING O I a o -- BATH I =-o TYPICAL 1- BEDROOM RESIDENTIAL UNIT PLAN saw: nerd LTL... L A5.2 1 C3y