HomeMy WebLinkAbout- PH-3 - Attachment 5 - 3/4/2018ATTACHMENT 5
RESOLUTION NO. PC -14-04
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA APPROVING, MASTER PLAN PA -13-
21, AND TENTATIVE TRACT MAP 17658 FOR DEVELOPMENT
OF 36 -UNIT LIVEfWOR AND RESIDENTIAL PROJECT AT
2023, 2025 AND 2027 P CENTIA AVENUE.
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THE PLANNING COMMISSION F THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
WHEREAS, an application was (filed by City Ventures on behalf of the property
owner, 126 Properties, LLC requesting approval of the following;
1) Adoption of an Initial StudylN itigated Negative Declaration.
2) Planning Application PA -13121 — Urban Master Plan for development of a 36 -
unit live/work and residential project to replace two commercial uses on the site
within the Mesa West Bluffs Urban Plan area. The project includes the following
deviations:
• Deviation from Live/work standards to allow six residential units with no
workspace;
• Deviation from the minimum work space requirement for 24 units (250 SF
required, 118 SF proposed for 24 units); and,
■ Deviation from rear setback requirement abutting a residential zone (20 feet
required, 10 feet proposed for first floor).
3) Tentative Tract Map 17658 -- Subdivision of a 1.88 -acre property for
condominium purposes to allow private sale and ownership of the live/work units.
WHEREAS, a duly noticed pudic hearing were held by the Planning Commission
on February 10, 2014, with all persons provided an opportunity to speak for and against
the proposed project;
WHEREAS, the environmental review for the project was processed in
accordance with the requirements of the California Environmental Quality Act (CEQA),
the State CEQA Guidelines, the I Council on Environmental Quality Regulations
implementing the National Environmental Policy Act, and the City of Costa Mesa
Environmental Guidelines, and the IS/MND was available for public review from
December 24, 2013 to January 23, 2014;
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WHEREAS, the Costa Mes Planning Commission finds that the proposed
livelwork and residential project will not have a significant impact on the environment
with the incorporation of the mitigation measures identified in the Initial
Study/Environmental Assessment;
WHEREAS, the Costa Mesa Planning Commission has considered responses to
comments received during the public review period on the ISIMND;
THEREFORE, BE IT RESOLVED that based on the evidence in the record, the
findings contained in Exhibit" A", ;and subject to conditions of approval/mitigation
measures indicated in the Mitigation Monitoring Program contained in Exhibits "B" and
"C", the Planning Commission does hereby approved Initial/Study Mitigated Negative
Declaration for Master Plan PA -13!2'1 with respect to the property described above.
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 -13-
21 and Tentative Tract Map 17658.
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 -13-21 and
Tentative Tract Map 17658 and upon applicant's compliance with each and all of the
conditions in Exhibit "B", 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 ,0th day PA
February, 2014.
JiMTfkpatrick, Chair
Cos Mesa Planning Commission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the fpregoing Resolution No. 14-04 was passed and
adopted at a meeting of the City of Gosta Mesa Planning Commission held on February
10, 2014, by the following votes:
AYES: Fitzpatrick, McCarthy, Mathews, Sesler
NOES: None
ABSENT: Dickson
ABSTAIN: None
Claire Flinn, Secretary
Costa Mesa Planning Commission
EXHIBIT "A„
FINDINGS
A. The proposed project compliers with Costa Mesa Municipal Code Section 13-29(e)
because:
• The proposed use is compatible and harmonious with uses on surrounding
properties.
• Safety and compatibility of the design of the parking areas, landscaping,
luminaries, and other site features including functional aspects of the site
development such as a6tomobile and pedestrian circulation have been
considered.
• The project is consistent with the City's General Plan and the Urban Plans that
allow a Floor Area Ratio of 1.0 for live/work and mixed use projects.
• The planning application is for a project -specific case and does not establish a
precedent for future development.
B. Planning Application PA -13-21/ TTM 17558 is consistent with the goals, policies,
objectives, and/or regulations'of the General Plan, Zoning Code, Mesa West Bluffs
Urban Plan. The proposed two-story and three-story, 35 -unit, live/work
condominium development is a new type of urban housing in the area that
complies with the important objectives of the Urban Plan which are:
a) To encourage construction of livelwork that combines residential and
nonresidential uses in 1 the same unit without exceeding the development
capacity of the General Plan transportation system;
b) Attract more residents and merchants by offering first floor offices;
c) Stimulate improvements in the urban plan area through well designed and
integrated urban residential development;
d) Meet demand for a n, ew housing type to satisfy a diverse residential
population; and
e) Promote new housing far people seeking alternative housing choices.
The project meets the purpose and intent of the mixed-use overlay district, and the
stated policies of the Mesa West Bluffs Urban Plan. The proposed mixed use 35 -
unit livelwork and residential development project will meet the central objectives of
Urban Plan to revitalize the Westside and create new livelwork opportunities.
C. The proposed project complies with Title 13, Section 13-83.52(c), Mixed -Use
Overlay District, of the Municipal Code because the Master Plan is found to exhibit
excellence in design, site planning, integration of uses and structures and
protection of the integrity of; neighboring development. The proposed project
complies with the Urban Plan to provide additional amenities or innovation in
exchange for flexible development standards. The project includes adequate
resident -serving amenities with open space common areas and the private
balconies.
D. The proposed project complies with Title 13, Section 13-83.52(4), Mixed -Use
Overlay District, of the Municipal Code because:
a) The strict interpretation and application of the Zoning Code's development
standards would result in practical difficulty inconsistent with the purpose
and intent of the General Plan and Mesa West Bluffs Urban Pian, The
proposed master plan does not strictly conform to the live/work development
standards, and therefore, deviations are requested for live/work standards,
work space minimum square footage standards, and rear setback
standards. However, the Urban Plans allow deviations from these
requirements since the deviations from development standards would still
result in a well-designed project that is considered compatible with the
neighborhood. Adegraate parking and open spaces will be provided on-site
that will be maintained by homeowners association and enforced by
provisions of the CC&Rs.
b) The granting of these deviations results in a live/work development which
exhibits excellence in design, site planning, integration of uses and
structures, and compatibility standards for mixed use development. The
proposed development generally meets the setback requirements, and
development standalirds; however, three deviations are requested
(minimum work spade, rear setback and live/work standards) that are
justified with the proposed site plan in that the site is designed to address
the adjacent industrial and residential uses; in addition, adequate parking
spaces, private and common open spaces are provided and the
development meets the height requirements per urban plans.
c) The granting of thele deviations will not be detrimental to the public
health, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity. No adverse impacts from implementation of
the proposed project are identified.
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d) The long-term vision of the Mesa West Bluffs Urban Plan is to encourage
live/work developments and non-traditional housing opportunities. The
requests for specified deviations are considered reasonable and would
result in implementation of a residential ownership project supportive of
the Urban Plan vision.
e) The proposed project will generate approximately 76 net new daily trips,
which include 21 net !new a.m. peak hour trips, and 26 net new p.m. peak
hour trips. Additionally, as the proposed Project is consistent with the
site's zoning (underlying is General Industrial and overlay is Mesa West
Bluffs Overlay District). Given the Project's consistency with zoning, and
since negligible traffic generation is created due to the proposed change
in land uses, no traffic mitigation other than submitting the off-site Traffic
Impact Fee is required.
B. Pursuant to Section 13-29(g)j13) of the Municipal Code, the subject property is
physically suitable to accommodate Tentative Tract Map 17658 in terms of type,
design and intensity of development, and will not result in substantial
environmental damage nor public health problems, based on compliance with the
City's Zoning Code and General Plan.
C. The discharge of sewage from this subdivision into the public sewer system will not
violate the requirements of tfie California Regional Water Quality Control Board
pursuant to Division 7 (commencing with Section 13000 of the Water Code).
D. In accordance with the requirements of the California Environmental Quality Act
(CEQA), the State CEQA guidelines, the Council on Environmental Quality
Regulations implementing the. National Environmental Policy Act, and the City of
Costa Mesa Environmental Guidelines, and the IS/MND was available for public
review from December 24, 201,3 to January 23, 2014.
E. The project is exempt from Chapter IX, Article 11, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
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EXHIBIT "B"
CONDITIONS OF APPROVAL
Ping. 1. The conditions of approval for Master Plan PA -13-21 shall be blueprinted on the
face of the site plan as .part of the plan check submittal package.
2. Address assignment shall be requested from the Planning Division prior to
submittal of working drawings for plan check. The approved address of
individual units, suites, buildings, etc, shall be blueprinted on the site plan and
on all floor plans in the working drawings.
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3. A decorative 6 -foot high block wall shall be provided separating the site from
the residential and commercial uses to the north and west. The design of the
walls throughout the project shall incorporate materials, color, and texture that
will be compatible with the structures.
4. No exterior roof access ladders, roof dram scuppers, or roof drain downspouts
are permitted. This condition relates to visually prominent features of scuppers
or downspouts that not only detract from the architecture but may be spilling
water from overhead without an integrated gutter system which would typically
channel the rainwate{ from the scupper/downspout to the ground. An
integrated downspoutl�lutter system which is painted to match the building
would comply with the 1 condition. This condition shall be completed under the
direction of the Planning Division.
5. Development shall corn.ply with all requirements of the Westside Urban Plans
applicable to 24 live/work units and applicable condominium standards_ [Land
Use Matrix of approved uses; Exhibit D]
6. Prior to issuance of grading permits, developer shall identify to the
Development Services Director a construction relations officer to act as a
community liaison concerning on-site activity, including resolution of issues
related to dust generation from grading/paving activities.
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T. Prior to Issuance of grading permits, developer shall submit for review and
approval a Construction Management Plan. This pian features methods to
minimize disruption to the neighboring residential uses to the fullest extent that
is reasonable and practicable. The plan shall include construction panting and
vehicle access and specifying staging areas and delivery and hauling truck
routes. The plan should mitigate disruption to residents and also businesses
during construction. 1
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The truck route plan shall preclude truck routes through residential areas and
major truck traffic during peak hours. The total truck trips to the site shall not
exceed 200 trucks per; day (i.e., 100 truck trips to the site plus 100 truck trips
from the site) unlessl approved by the Development Services Director or
Transportation Services Manager.
8. If additional fill dirt is needed to provide acceptable on-site storm water flow to a
public street, an alternative means of accommodating that drainage shall be
approved by the City's Building Official prior to issuance of any grading or
building permits. Such alternatives may include subsurface tie-in to public
storm water facilities, ,subsurface drainage collection systems and/or sumps
with mechanical pump discharge in-lieu of gravity flow. If mechanical pump
method is determined appropriate: said mechanical pumps) shall continuously
be maintained in working order. in any case, development of subject property
shall preserve or improve the existing pattern of drainage on abutting
properties. Applicant is advised that recordation of a drainage easement
across the private street may be required to fulfill this requirement.
9. The applicant shall contact the Planning Division to arrange a Planning
inspection of the site plior to the release of occupancy/utilities. This inspection
is to confirm that the c nditions of approval and code requirements have been
satisfied.
10. No modification(s) of tl�e approved floor plans, building elevations including, but
not limited to, changes that increase the building height, removal of building
articulation, or a change of the finish material(s), shall be made during
construction without prior Planning Division written approval. Failure to obtain
prior Planning Division approval of the modification could result in the
requirement of the applicant to (re)process the modification through a
discretionary review process or a variance, or in the requirement to modify the
construction to reflect the approved plans.
11. Transformers, backflow preventers, and any other approved above -ground
utility improvement small be located outside of the required street setback area
and shall be screened from view, under direction of Planning staff. Any
deviation from this requirement shall be subject to review and approval of the
Development Services Director.
12, Street trees in the landscape parkway shall be selected from Appendix ❑ of the
Streetscape and Median Development Standards and appropriately sized and
spaced (e.g. 15 -gallon size planted at 30' on centers), or as determined by the
Development Services Director once the determination of parkway size is
made. The final landscape concept plan shall indicate the design and material
of these areas, and the landscapelhardscape plan shall be approved by the
Planning Division prior to issuance of building permits.
13. Prior to issuance of building permits, the building plans shall demonstrate that
all units are equipped with a mechanical ventilation system that will properly
filter the indoor air. The ventilation system can be a component of the air
conditioning system with the distinction being that clean, ventilated air flow does
not necessarily need coolant.
14. Applicant shall provide proof of establishment of a homeowners association prior
to release of any ut€lities prior to selling any of the units as condominiums.
15. Provide proof of recordlation of TTM 17658 prior to issuance of building permits
16. Prior to issuance of building permits, the applicant shall provide the Conditions,
Covenants, and Restrictions (CC&Rs) to the Development Services Director
and City Attorney's office for review. The CC&Rs must be in a form and
substance acceptable to, and shall be approved by the Development Services
Director and City Attorney's office.
A. The CC&Rs shall Contain provisions requiring that the HDA homeowner's
association {HOA} effectively manage parking and contract with a towing
service to enforce the parking regulations.
B. The CC&Rs shall also contain provisions related to night-time lighting and
active use of the common areas and the rooftop terrace areas (if applicable).
These provisions shall) prohibit amplified noise, loud parties/gatherings, night-
time lighting other than) for security purposes, or any other activities that may be
disruptive to the quiet enjoyment of neighboring properties after sunset.
C. The CC&Rs shall! also contain provisions related to preservation and
maintenance of the common lot and common open space areas in perpetuity
by the homeowner's association. The CC&Rs shall also contain the buyer's
notice (described in CoIIndition No. 24) as an exhibit.
D. The CC&Rs shall contain restrictions prohibiting parking in the driveway and
in front of garage doors.
E. The CC&Rs shall contain restrictions requiring residents to park vehicles in
garage spaces provide;, for each unit, be that a one of two car garage. Storage
of other items may occur only to the extent that vehicles may still be parked
within the require garage spaces.
F. The CC&Rs shall iiiclude a provision requiring that the ground floor work
space be maintained per plan and not converted to a bedroom. Permitted
commercial/business aj tivity in the live/work units shall be limited to those uses
that generate no to rr inimal customer traffic, do not involve more than one
customer/client at a time, do not involve more than 8 customers per day, and
do not involve employees which do not reside in the live/work unit.
Any subsequent revisions to the CC&Rs related to these provisions must be
reviewed and approved by the City Attorney's office and the Development
Services Director before they become effective,
17. Landscaping along the• southerly edge of the site shall include pockets between
garage doors and buildings with adequate planting and ground cover subject to
final approval of the bevelopment Services Director. The landscaped area at
the southwest corner of the site shall be coordinated with the adjacent property
owners and not impede the access easement to the rear of the adjacent
building.
18. Developer shall incorporate additional landscape and hardscape features (tree
wells, street furniture, - planter boxes, patterned pavers, and other enhancing
features) to provide a live/work representation from the public view and
seamless transition to the project from Placentia Avenue. The street view shali
be enhanced with compatible lighting, signage and street furniture to promote
live/work lifestyle and pedestrian activities. Additional landscaping in form of
trees and shrubs shall be planted by the developer within the private yards of
the duplexes on the west to be maintained by future homeowners.
19. Prior to issuance of the building permit, the first floor plan, of the Townhome
live/work units, shall be revised to remove the wall separating the work space
from hallway and entrance to increase the size of the workspace.
20. A comprehensive sign; program shall be submitted for all on-site signs (i.e.,
monument, directory, I wall mounted) for review and approval of the
Development Services jDirector prior to issuance of building permits.
21. Open parking spaces Ghali be designated as unreserved, available, open guest
parking for all visitors Fo the site. Signage will be posted to indicate that these
spaces are available to all visitors. The CC&Rs shall contain restrictions
prohibiting parking in the driveway and in front of garage doors.
22. Design, grading, and construction shall be performed in accordance with the
requirements of the California Building Code applicable at the time of grading
as well as the appropriate local grading regulations, and the recommendations
of the project geotechnical consultant as summarized in a final written report,
subject to review by the City of Costa Mesa Building official prior to issuance of
grading permits.
23. 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.
24. If the project is constructed in phases, the perimeter wall, landscaping along the
frontages, and irrigation shall be installed prior to completion of the first phase.
25. To avoid an alley -like appearance, the private street shall not be entirely paved
with asphalt nor be developed with a center concrete swale. The private street
shall be complemented by stamped concrete or pervious pavers. The final
landscape concept plan shall indicate the landscape palette and the
designtmaterial of paled areas, and the landscapelhardscape plan shall be
approved by the Planning Division prior to issuance of building permits. The
applicant shall work with the adjacent property owner to the south to
incorporated enhanced pavement consistently across the shared drive aisle.
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25. Prior to the issuance of Building Permits, the Applicant shall submit a Lighting
Plan and Photometric Study for the approval of the City's Development
Services Department. The Lighting Plan shall demonstrate compliance with the
following:
• The mounting hIeight of lights on light standards shall not exceed 18 feet
in any location Qn the Project site unless approved by the Development
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Services Director.
• The intensity and location of fights on buildings shall be subject to the
Development Services Director's approval.
■ All site lighting fixtures shall be provided with a flat glass lens.
Photometric calculations shall indicate the effect of the flat glass lens
fixture efficiency.
• Lighting design and layout shall limit spill light to no more than 0.5
footcandle at the property line of the surrounding neighbors, consistent
with the level �of lighting that is deemed necessary for safety and
security purposes on site.
■ Glare shields may be required for select light standards.
27. A "Notice to Buyers" shall disclose that the project is located within an area
designated as Light Industry in the City of Costa Mesa General Plan and is
subject to existing and ipotential annoyances or inconveniences associated with
industrial land uses. The Notice shall disclose the existing surrounding
industrial land uses, including but not limited to, operational characteristics such
as hours of operation! delivery schedules, outdoor activities, and noise and
odor generation. In addition, the Notice shall state that the existing land use
characteristics are sub�ect to change in the event that new businesses move or
existing businesses change ownership. The Buyer's Notice shall be
reviewed/approved by' the City Attorney's office and Development Services
Director prior to recordation. The Buyer's Notice shall serve as written notice of
the then existing noise environment and any odor generating uses within the
mixed-use development and within a 500 -foot radius of the mixed use
development, as measured from the legal property lines of the development lot.
The Buyer's Notice shall be remitted to any prospective purchaser or tenant at
least 15 days prior to close of escrow, or within three days of the execution of a
real estate sales contract or rental/lease agreement, whichever is longer. The
Buyer's Notice shall also indicate that business operations in the livelwork units
shall be consistent with the land use matrix of the Mesa West Bluffs Urban Plan
subject to zoning authorization and obtaining a business license.
28. Developer shall market and offer the 30 units with ground floor work space as
live/work units to potential buyers.
29. The Project shall comply with Title 24 of the California Code of Regulations
established by the energy conservation standards. The Project Applicant shall
incorporate the following in building plans:
• Solar or low emission water heaters shall be used with combined
spacelwater heater units;
■ Double paned glass or window treatment for energy conservation shall
be used in all exterior windows;
■ Building shall be oriented north/south where feasible.
30. The end parking stalls adjacent to a building shall be provided with a two -foot
clearance from the building.
31. The proposed project }would be subject to all applicable regulations of the City's
General Plan, zoning ordinance, and all requirements and enactments of
Federal, County, City authorities, and any other governmental entities, and all
such requirements and enactments would, by reference, become conditions of
project implementation;
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32_ Trash facilities shall � be screened from view and designed and located
appropriately to minimize potential noise and odor impacts to residential areas.
33. In the event that archaeological resources are encountered during grading and
construction, all construction activities shall be temporarily halted or redirected
to permit the sampling, identification, and evaluation of archaeological materials
as determined by the City, who shall establish, in cooperation with the project
applicant and a certified archaeologist, the appropriate procedures for
exploration and/or salvage of the artifacts.
34. In the event that paleontological resources are encountered during grading and
construction operations, all construction activities shall be temporarily halted or
redirected to permit a qualified paleontologist to assess the find for significance
and, if necessary, develop a paleontological resources impact mitigation plan
(PRIMP) for the revie# and approval by the City prior to resuming excavation
activities.
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35. The applicant shall defend, indemnify, and hold harmless the City, its elected
and appointed officials, agents, officers and employees from any claim, action,
or proceeding (collectively referred to as "proceeding") brought against the City,
its elected and appointed officials, agents, officers or employees arising out of,
or which are in any v�ay related to, the applicant's project, or any approvals
granted by City related to the applicant's project. The indemnification shall
include, but not be limited to, damages, fees and/or costs awarded against the
City, if any, and cost lof suit, attorney's fees, and other costs, liabilities and
expenses incurred in connection with such proceeding whether incurred by the
applicant, the City and�or the parties initiating or bringing such proceeding. This
indemnity provision shall include the applicant's obligation to indemnify the City
for all the City's costs, Ifees, and damages that the City incurs in enforcing the
indemnification provisions set forth in this section. City shall have the right to
choose its own legal counsel to represent the City's interests, and applicant
shall indemnify City for 1aII such costs incurred by City.
36. If human remains are encountered, State Health and Safety Code Section
7050.5 states that no further disturbance small occur until the County Coroner
has made a determination of origin and disposition pursuant to Public
Resources Code Section 5097.98. The County Coroner must be notified of the
find immediately. If thio remains are determined to be prehistoric, the Coroner
will notify the Native American Heritage Commission (NAHC), which will
determine and notify a, Most Likely Descendant (MLD). With the permission of
the landowner or his/her authorized representative, the MLD may inspect the
site of the discovery. The MLD shall complete the inspection within 24 hours of
notification by the NAt C. The MLD may recommend scientific removal and
nondestructive analysis of human remains and items associated with Native
American burials.
Bldg. 37. Submit grading plans including a hydrology report and soils report.
38. Submit a soils report for this project. Soil's Report recommendations shall be
blueprinted on both thei architectural and grading plans. Soils report shall address
how the new slop shall be maintained to avoid any future failure.
39. On graded sites the top of exterior foundation shall extend above the elevation of
the street gutter at point of discharge or the inlet of an approved discharge devise
a minimum of 12 inches plus 2 percent. 2010 California Building Code CBC
1808.7.4.
40. The ground immediatel}y� adjacent to the foundation shall be sloped away from the
building at a slope ofl not less than 5% for a minimum of 10 ft. measured
perpendicular to the fade of the wall. CBC 1803.3.
41. Lots shall be graded do drain surface water away from foundation walls. The
grade shall be a minimum of 6 inches within the first 10 feet -2010 California
Residential Code sec. R401.3.
42. Show compliance with the requirements of 2010 California Building Code
Chapter 11A, 11 B arid' Section 1 101B.6.43. Compliance with California Building Code provisions and standard subdivision
engineering requirements, as specified in the City's conditions of approval will
satisfactorily address geotechnical issues related to seismic hazards.
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Trans
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44. The proposed development shall be designed to comply with all applicable
geological and seismic safety requirements of the California Building Code and
mitigation as defined in the Public Resources Code Section 2593(c).
Verification of such compliance will be confirmed during the City's plan review
and building permit issuance processes.
45. Grading and foundation plans, including foundation loads, shall be reviewed by
a registered soils engijoeer, and approved by the City of Costa Mesa Building
Safety Division.
46. All grading shall be accomplished under the observation and testing of the
project geotechnical engineer, the engineering geologist and their
representatives.
47_ Full mitigation of off-si>.e traffic impacts at the time of issuance of Certificate of
Occupancy by submitting to the Transportation Division the required Traffic
Impact Fee pursuant to the prevailing schedule of charges adopted by the City
Council. The traffic Impact Fee was calculated based upon the net trip
generation rate of 237 trip ends for the proposed project and includes credit for
any previously existing use. At the current rate the Traffic Impact Fee is
estimated at $25,11 0.
Note: The Traffic Impact Fee will be recalculated at the time of issuance of
Certificate of Occupancy based upon any changes in the prevailing schedule of
charges adopted by the City Council and in effect at that time.
48. Submit for approval I by the Engineering Division plans that show the
repairlrepavement of the alley adjacent to the property per City standards.
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49. Submit required cash deposit or surety bond to guarantee construction of off-
site street improvemerits at time of permit per Section 15-32, C.C.M.M.C. and
as approved by City Engineer. Cash deposit or surety bond amount to be
determined by City Engineer.
50. Construction Access Permit and deposit of $1590 will be required by City of
Costa Mesa, Engineering Division prior to start of any on-site work, necessary
during construction for street sweeping and to guarantee replacement costs in
case of damage to existing public improvements.
51. Maintain the public Right -of -Way in a "wet -down" condition to prevent excessive
dust and remove any! spillage from the public Right -of -Way by sweeping or
sprinkling.
52. Haul routes must be approved by the City of Costa Mesa, Transportation &
Engineering Division.
53. Submit subdivision application and comply with conditions of approval and code
requirements.
54. Applicant/Developer islhereby advised that no removal of trees from the public
right-of-way will be pTrmitted without specific approval from the Parks and
Recreation Commission and compliance with mitigation measures as
determined by the Commission to relocate the trees andlor to compensate the
City for the loss of trees from the public right-of-way. Conditions of the
Commission must be incorporated onto the plans prior to plan approval. The
approval process may take up to three months, therefore, the
applicant/developer is I advised to identify all tree affected by the proposed
project and make timely application to the Parks and Recreation Commission to
avoid possible delays.
55. The project requires installation of 24 -inch box Tristania Conferta in the right-of-
way on Placentia Avenue. The number and location shall be coordinated with
the Public Services Division.
55, Obtain a permit from tie City of Costa Mesa, Engineering Division, at the time
of development and th6n construct P.C.C. driveway approach per City of Costa
Mesa Standards as shown on the Offsite Plan. Location and dimensions are
subject to the approlval of the Transportation Services Manager. ADA
compliance required for all new driveway approaches.
57. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time
of development and, then remove any existing driveways and/or curb
depressions that will not be used and replace with full height curb and sidewalk
at applicant's expense.
58. Private on-site drainage facilities and parkway culverts or drains will not be
maintained by the City of Costa Mesa; they shall be maintained by the owner or
developer of the property. Private lateral connections to City storm drains will
require a hold harmless agreement prior to issuance of permit.
59, All construction contractors shall comply with South Coast Air Quality
Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust.
All grading (regardless/ of acreage) shall apply best available controi measures
for fugitive dust in accordance with Rule 403. To ensure that the project is in full
compliance with applicable SCAQMD dust regulations and that there is no
nuisance impact off the site, the contractor would implement each of the
following:
a. Moisten soil not more than 15 minutes prior to moving soil or conduct
whatever watering, is necessary to prevent visible dust emissions from
exceeding 100 feet! in any direction_
b. Apply chemical stabilizers to disturbed surface areas (completed grading
areas) within five dIpys of completing grading or apply dust suppressants or
vegetation sufficient to maintain a stabilized surface.
c. Water excavated soil piles hourly or covered with temporary coverings.
d, Water exposed surfaces at least twice a day under calm conditions. Water
as often as needed on windy days when winds are less than 25 miles per
day or during very dry weather in order to maintain a surface crust and
prevent the release of visible emissions from the construction site.
e. Wash mud -covered tired and under -carriages of trucks leaving construction
sites.
f. Provide for street sweeping, as needed, on adjacent roadways to remove
dirt dropped by construction vehicles or mud which would otherwise be
carried off by trucks departing project sites.
g. Securely cover loads with a tight fitting tarp on any truck leaving the
construction sites to dispose of debris.
h. Cease grading during period when winds exceed 25 miles per hour.
Turn equipment off when not in use for more than five minutes.
60. Construction of structural SMPs as required by the NPDES Stormwater Permit
issued to the project site by the County of Orange/City of Costa Mesa to
capture urban runoff contaminants from developed areas prior to discharge to
on-site storm drain} facilities.
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61. Prior to issuance of a grading permit, the applicant shall develop a Storm Water
Pollution Prevention Plan (SWPPP) that contains structural and non-structural
BMPs that comply vyith NPDES Program requirements. BMPs shall be
implemented as required by the NPDES Permit issued to the site.
62. Prior to issuance of a grading permit, the applicant shall obtain an NPDES
Permit from the County of Orange. Applicable BMP provisions shall be
incorporated into the NPDES Permit.
63. The Project shall comp y with the NPDES requirements, as follows:
• Construction General Permit Notice of Intent (NQ[) Design: Prior to the
issuance of preliminary or precise grading permits, the project applicant
shall provide thCity Engineer with evidence that an NO[ has been filed
with the Storm Water Resources Control Board (SWRCB). Such
evidence shall consist of a copy of the NQl stamped by the SWRCB or
Regional Water Quality Control Board (RWQCB), or a letter from either
agency stating that the NOI has been filed.
• Construction Phase Storm Water Pollution Prevention Plan (SWPPP):
Prior to the issuance of grading permits, the applicant shall prepare a
SWPPP that complies with the Construction General Permit and will
include at a minimum the following: a) Discuss in detail the BMPs
planned for the project related to control of sediment and erosion,
nonsediment pollutants, and potential pollutants in non -storm water
discharges; and b)- Describe post -construction BMPs for the project;
• Explain the maintenance program for the project's BMPs;
• List the partiep responsible for SWPPP implementation and BMP
maintenance during and after grading. The Project Applicant shall
implement the SWPPP and modify the SWPPP as directed by the
Construction General Permit.
64, In order to comply with the 2003 DAMP, the proposed Project shall prepare a
Storm Drain Plan, Stormwater Pollution Prevention Plan (SWPPP), and Water
Quality Management Pian (WQMP) conforming to the current National Pollution
Discharge Elimination System (NPDES) requirements, prepared by a Licensed
Civil Engineer or Environmental Engineer, which shall be submitted to the
Department of Public Works for review and approval.
The SWPPP shall be prepared and updated as needed during the
course of construction to satisfy the requirements of each phase of
development.
• The plan shall !incorporate all necessary Best Management Practices
(BMPs) and otl1er City requirements to eliminate polluted runoff until all
construction work for the project is completed. The SWPPP shall
include treatment and disposal of all dewatering operation flows and for
nuisance flows during construction.
• A WQMP shaill be maintained updated as needed to satisfy the
requirements oi the adopted NPDES program. The plan shall ensure
that the existing water quality measures for all unproved phases of the
project are adhered to.
Location of the BMPs shall not be within the public right-of-way.
65. Should dewatering be +equired for the discharge of perched groundwater during
excavation for site improvements, the applicant shall acquire either a National
Pollutant Discharge Elimination System (NPDES) permit for the discharge of
wastes to surface waters or a Waste Discharge Requirements (WDR) permit
for the discharge of wastes to land, as required, from the Santa Ana Regional
Water Quality Control; Board and provide evidence of permit issuance to the
Costa Mesa Building Safety Division prior to initiating any such discharge.
Fire 66. Provide (2) Fire Hydrants within the development. Fire Hydrants shall be
capable of providing 0 minimum of 1500 gpm at 20 psi. Hydrants shall be
located per Fire Prevention.
67. A Fire Alarm system wii h public address capabilities shall be required.
Utilities 68. Prior to the issuances of a connection permit, the applicant shall pay the
applicable water connection fees.
69. Prior to issuance of building permits, a letter shall be obtained from the Costa
Mesa Sanitary District and the Grange County Sanitation District verifying that
there is sufficient capacity in the receiving trunk lines to serve the project.
70. The applicant shall comply with guidelines provided by Southern California
Edison Company with respect to easement restrictions, construction guidelines;
and potential amendments to right-of-way in the areas of any existing Southern
California Edison Compianyeasements.
71. Prior to the issuance iof building permits, the project applicant shall pay the
applicable connection fees charged to new development by the Mesa
Consolidated Water Dirtrict.
72. Unless an offsite trash hauler is being used, the Applicant shall contact the
Costa Mesa Sanitary District to pay trash collection program fees and arrange
for service for all new residences. Residences using bin or dumpster services
are exempt from the requirement.
CODE REQUIREMENTS Master Plan PA -13-211
The following list of federal, state and local laws applicable to the project has been compiled by
staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa.
P}ng
1. All contractors and subcontractors must have valid business licenses to do
business in the Cityf Costa Mesa. Final inspections, final occupancy and
utility releases will not1be granted until all such licenses have been obtained.
2. Approval of the planning application is valid for one (1) year from the effective
Mate of this approval and will expire at the end of that period unless applicant
establishes the use by obtaining building permits for the authorized construction
and initiates construction. if the applicant is unable to establish the use/obtain
building permits within the one-year time period, the applicant may request an
extension of time. The Planning Division must receive a written request for the
time extension prior to the expiration of the planning application.
3. Trash enclosure or other acceptable means of trash disposal shall be provided.
Design of trash enclosure{s} shall conform to City standards. Standard drawings
are available from the Planning Division.
4. All on-site utility services shall be installed underground.
5. Installation of all new utility meters shall be performed in a manner so as to
obscure the installation from view from any place on or off the property. The
installation shall be in, a manner acceptable to the public utility and shall be in
the form of a vault, wall cabinet, or wall box under the direction of the Planning
Division.
8, Any mechanical equipment such as air-conditioning equipment and duct work
shall be screened from view in a manner approved by the Planning Division.
7. Two (2) sets of detailed landscape and irrigation plans, which meet the
requirements set forth in Costa Mesa Municipal Code Sections 13-101 through
13-148 and the City's Water Efficient Landscape Guidelines, shall be required as
part of the project plan check review and approval process. Plans shall be
forwarded to the Planning Division for final approval prior to issuance of building
permits.
8. Landscaping and irrigation shall be installed in accordance with the approved
plans prior to final inspection or occupancy clearance.
9. Two (2) sets of landscape and irrigation plans, approved by the Planning
Division, shall be attached to two of the final building plan sets.
10. Address assignment ;shall be requested from the Planning Division prior to
submittal of working ;drawings for plan check. The approved address of
individual units, suites; buildings, etc., shall be blueprinted on the site plan and
on all floor plans in the working drawings.
11. During construction, the contractor shall ensure that construction activity
complies with the City's Noise Ordinance. Exceptions may be made for
activities that will not generate noise audible from off-site, such as painting and
other quiet indoor work.
12. Prior to issuance of occupancy permits, the Developer shall pay a park impact
fee or dedicate parkIl nd to meet the demands of the proposed development.
The current park impact fee is calculated at $13,829 per new multi -family
dwelling unit.
Bldg. 13. Comply with the requirements of the 2010 California Residential Code, California
Electrical code, Califol-nia Mechanical code , California Plumbing code , and
2010 California Energy Code (or the applicable adopted California Residential
code, California Electrical code, California Mechanical code California Plumbing
Code, and California Energy Code at the time of plan submittal) and California
Code of Regulations also known as the California Building Standards Code, as
amended by the City of Costa Mesa.
14. The Project shall comply with the requirements of the California Code of
Regulations, Title 24, also known as the 2007 California Building Standards
Code, as amended by the City of Costa Mesa.
15, Prior to the issuance of Grading Permits, the Project Applicant shall provide
the City of Costa M sa Department of Building Safety with a geotechnical
investigation of the project site detailing recommendations for remedial
grading in order to reduce the potential of onsite soils to cause unstable
conditions. Design„ grading, and construction shall be performed in
accordance with the requirements of the California Building Code applicable at
the time of grading, appropriate local grading regulations, and the
recommendations of the geotechnical consultant as summarized in a final
written report, subject to review by the City of Costa Mesa Department of
Building Safety.
16. The project applicant shall contact the Southern California Air Quality
Management District (SCAQMD) at 804-288-7664 for potential additional
conditions of development or required permits by SCAQMD.
17. Submit a soils report for the projects, Recommendation of the Soils Report
shall be printed on the architectural and grading plans.
18. Submit a grading plan. and hydrology report.
19- Submit an erosion controls plan with the grading submittal
20_ During demolition, grading, and excavation, workers shall comply with the
requirements of Title :8 of the California Code of Regulations, Section 1529,
which provides for exposure limits, exposure monitoring, respiratory protection,
and good working practices by workers exposed to asbestos. Asbestos -
contaminated debris and other wastes shall be managed and disposed of in
accordance with the 6pplicable provision of the California Health and Safety
Code.
21- During demolition, grading, and excavation, workers shall comply with the
requirements of Title 8 of the California Code of Regulations, Section 1532.1,
which provides for exposure limits, exposure monitoring, respiratory protection,
and good working practice by workers exposed to lead, lead -contaminated
debris and other wastes shall be managed and disposed of in accordance with
the applicable provision of the California Health and Safety Code.
Eng. 22_ Refer to attached letter dated January 30, 2014.
23. Prior to approval of Plans, the Project shall fulfill the City of Costa Mesa
Drainage Ordinance No. 06-19 requirements
24. In order to comply with the 2003 DAMP, the proposed Project shall prepare a
Storm Drain Plan, StoVmwater Pollution Prevention Plan (SWPPP), and Water
Quality Management Plan (WQMP) conforming to the current National
Pollution Discharge E4imination System (NPDES) requirements, prepared by a
Licensed Civil Engineer or Environmental Engineer, which shall be submitted
to the Department of Public Works for review and approval.
The SWPPP shall be prepared and updated as needed during the
course of construction to satisfy the requirements of each phase of
development. j
The plan shall; incorporate all necessary Best Management Practices
(BMPs) and other City requirements to eliminate polluted runoff until
all constructions work for the project is completed. The SWPPP shall
include treatment and disposal of all dewatering operation flows and
for nuisance flows during construction.
A WQMP shalll be maintained and updated as needed to satisfy the
requirements of the adopted NPDES program. The plan shall ensure
that the existing water quality measures for all improved pluses of the
project are adhered to.
Location of the BMPs shall not be within the public right-of-way.
Fire 25. Street addresses shall be visible from the public street and may be displayed
either on the front do or, on the fascia adjacent to the main entrance, or on
another prominent location. When the property has alley access, address
numerals shall be displayed in a prominent location visible from the alley.
Numerals shall be a minimum six (6) inches in height with not less than one-
half -inch stroke and shall contrast sharply with the background.
26. The final master plan for development of the Project site shall provide
sufficient capacity for fire flows required by the City of Costa Mesa Fire
Department.
27. Vehicular access shall be provided and maintained serviceable throughout
construction to all required fire hydrants.
28. Prior to the issuance of a Building Permit, the City of Costa Mesa Fire
Department shall review and approve the developer's Project design features
to assess compliance with the California Building Code and California Fire
Code. Fire staff shaSl'examine the projected demands of the proposed Project
and make recommendations to ensure that adequate personnellresources will
be available to meet projected demand_ Recommendations of the study shall
be implemented to the satisfaction of the Fire Department to ensure that
emergency response impacts are minimized to below a level of significance.
29. The Project shall provide approved smoke detectors to be installed in
accordance with the 2b07 Edition of the Uniform Fire Code.
30. The Project shall provide fire extinguishers with a minimum rating of 2A to be
located within 75 feet of travel distance from all areas. Extinguishers may be
of a type rated 2A, 10BC as these extinguishers are suitable for all types of
fires and are less expensive.
31. The Project shall provide an automatic fire sprinkler system according to NFPA
13 R.
32. The Project shall provide a fire alarm system.
Police 33. As final building plans are submitted to the City of Costa Mesa for review and
approval, the Costa Mesa Police Department shall review all plans for the
purpose of ensuring i that design requirements are incorporated into the
building design to i crease safety and avoid unsafe conditions. These
measures focus on security measures are recommended by the Police
Department, including! but not limited to, the following:
• Lighting shall 6e provided in open areas and parking lots.
■ Required building address numbers shall be readily apparent from the
street and rogftop building identification shall be readily apparent from
police helicop#ers for emergency response agencies.
• Landscapingrjequirements.
• Emergency vehicle parking areas shall be designated within proximity
to buildings. '
■ The applicant' shall fund all costs associated with police and fire radio
reception enhancement, including a Bi -Directional Amplifying 800 MHz
antenna (BDA).
Prior to the issuance of a grading permit, the City of Costa Mesa Police
Department shall review and approve the developer's project design features
to ensure adequate security measures are incorporated into the project design
and that sufficient personnel/resources are available to meet the demands of
the proposed project.) Any requirements with regard to additional resources
shall be completed iby the Developer and shall be implemented to the
satisfaction of the Polibe Chief to ensure that emergency response impacts are
minimized to below a level of significance.
SPECIAL DISTRICT REQUIREMENTS Master Plan PA -13-21
The requirements of the following special districts are hereby forwarded to the applicant:
Sani 1. Applicant will be required to construct sewers to serve this project, at his own
expense, meeting the approval of the Costa Mesa Sanitary District.
2. County Sanitation District fees,
are required prior to installation
demolished, call (714) 754-5307.
3. Applicant shall subrrft a pian
District Engineer's approval to
submitted for plan cheek.
fixture fees, inspection fees, and sewer permit
of sewer. To receive credit for buildings to be
showing sewer improvements that meets the
the Building Division as part of the plans
4. The applicant is required to contact the Costa Mesa Sanitary District at (714)
754-5307 to arrange final sign -off prior to certificate of occupancy being
released.
5. Unless an off-site trash hauler is being used, applicant shall contact the Costa
Mesa Sanitary Distrit at (714) 754-5043 to pay trash collection program fees
and arrange for se ice for all new residences. Residences using bin or
dumpster services ark exempt from this requirement.
6. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any
additional district requirements.
AQMD 7. The SCAQMD standards prohibit permanently installed wood burning devices
into any new development. A wood burning device means any fireplace, wood
burning heater, or 'pellet-fueled wood heater, or any similarly enclosed,
permanently installe, indoor or outdoor device burning any solid fuel for
aesthetic or space-heating purposes, which has a heat input of less than one
million British thermal units per hour.
8. Sanitary District at (949) 654-8400 for any additional district requirements.
School 9. Pay applicable Newport Mesa Unified School District fees to the Building Division
prior is issuance of building permits.
10. Prior to issuance of a building permit, the project applicant shall pay developer
fees to the Newport -Mesa Unified School District pursuant to the requirements
established in SB 50; The amount of fees to be paid will be determined based
on the established State formula for determining construction costs.
State 11. Comply with the requirements of the California Department of Food and
Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the
property prior to any soil movement or excavation. Call CDFA at (714) 748-1914
for information. i
Park 12. Prior to issuance of occupancy permits, the Developer shall pay a park impact
fee or dedicate parkland to meet the demands of the proposed development.
The current park impact fee is calculated at $13,829 per new multi -family
dwelling unit.
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°EXHIB{T D"
Permitted Uses
LAND USE MATRIX
36 -unit LiveMork Development
P= Permits bed Uses
LIVE/WORK UNITS
Artists, craftspersons, sculpture studios (woodworking, furniture restoration, painting,
ceramics, etc.)
P
■ Barber and beauty shops
P
• Catering
P
+ Commercial art, graphic design, website designers
P
■ Computer and data processing
P
• Legal, Engineering; Architectural; and Surveying services
P
Offices: Professional, central admin., general, bookkeeping and data processing
P
• Offices: medical office with sole practitioner
P
• Photography Studio
P
• One-on-one Studio Use: Sole Practitioner for Dance; Martial arts; Music, Yoga, etc.
P
• Specialty Retail; Customers by appointment.
P
NOTES. All businesses subject to zoning appr to ensure adequacy in parking and compatibility with a residential
environment. All other uses not specified in this -.:le are either prohibited or may require a Conditional Use Permit, as
deemed by the Development Services Director.
Exhibit C
Mitigation Monitoring Program
AIR QUALITY
MM AQ -1 All construction contractors shall comply with South Coast Air Quality
Management District (SCAQMD) regulations, including Rule 403, Fugitive
Dust. All grading (regardless of acreage) shall apply best available control
measures for fugitive dust in accordance with Rule 403. To ensure that
the project is in full compliance with applicable SCAQMD dust regulations
and that there is no nuisance impact off the site, the contractor would
implement each of the following:
• Moisten soil not more than 15 minutes prior to moving soil or conduct
whatever watering is necessary to prevent visible dust emissions from
exceeding 100 feet in any direction.
• Apply chemical stabilizers to disturbed surface areas (completed
grading areas) within five days of completing grading or apply dust
suppressants or vegetation sufficient to maintain a stabilized surface.
• Water excavated soil piles hourly or covered with temporary coverings.
• Water exposed surfaces at least twice a day under calm conditions.
Water as often as needed on windy days when winds are less than 25
miles per day or during very dry weather in order to maintain a surface
crust and prevent the release of visible emissions from the construction
site.
• Wash mud -covered tired and under -carriages of trucks leaving
construction sites.
• Provide for street sweeping, as needed, on adjacent roadways to
remove dirt dropped by construction vehicles or mud which would
otherwise be carried off by trucks departing project sites.
• Securely cover loads with a tight fitting tarp on any truck leaving the
construction sites to dispose of debris.
• Cease grading during period when winds exceed 25 miles per hour.
GEOLOGY AND SOILS
MM GEO-1 Each of the recommendations specified in the Engineering and Geologic
Due Diligence Investigation at 2025 and 2027 Placentia Avenue Costa
Mesa, California (Soi 1 0rks Earth Sciences Group, April 10, 2013) shall
be incorporated into the Project's design considerations, pians, and job
specifications.
HAZARDS AND HAZARDOUS MATERIALS
MM HAZA Prior to demolition activities, removal and/or abatement of asbestos
containing building m terials, lead based paints, and hazardous materials
i
associated with the existing building materials shall be conducted by a
qualified environmentpl professional in consultation with the Costa Mesa
Fire Department. An asbestos and hazardous materials abatement
specification shall (e developed by the qualified environmental
professional, in order, to clearly define the scope and objective of the
abatement activities.
i
MM HAZ-2 Prior to investigations, demolition, or renovation, all activities shall be
coordinated with Dig Alert (811).
MM-HAZ-3 Visual inspections for areas of impact to soil shall be conducted during
site grading. If unknown or suspect materials are discovered during
construction by the contractor that are believed to involve hazardous
wastes or materials, the contractor shall:
• Immediately stop work in the vicinity of the suspected contaminant,
removing workers and the public from the area;
• Notify the City Engineer and Costa Mesa Fire Department;
• Secure the area(s) in question; and
m Implement required corrective actions, including remediation if
applicable.
MM HAZ-4 Limited excavation at Stantec boring location B-1 shall be performed prior
to site grading activities to further assess soil vapor impacts. An initial
health risk assessment shall be performed based on the results of the
excavations to determine the need, type and timing of any soil vapor
remedial actions necessary prior to and during site occupation to reduce
risk to safe levels. The risk assessment and remedial actions shall be
submitted to the City fbr approval prior to the issuance of grading permits.
MM HAZ-5 On the basis of MM HAZ-4 if it is determined that soil vapor barriers are
required, measures to assure the proper installation, monitoring and
continued proper functioning of such harriers shall be identified and
submitted to the City prior to issuance of grading permits.
HYDROLOGY AND WATER QUALITY
MM HYDA Prior to the issuance of any Grading Permit, the Applicant shall:
• Prepared a detailed'Hydrology Study, approved by the City Engineer.
• Design all storm drain facilities, approved by the City Engineer, for 25 -
year storm event protection.
• Design all storm drains in the public right-of-way to be a minimum of 24
inches by City of Costa Mesa requirements and in accordance with the
Orange County Local Drainage Manual including a minimum spacing
between manholes of 300 feet
NOISE
MM NOM Prior to issuance of b0ilding permits, a qualified Acoustical Scientist shall
be retained to preptailed
a Final Acoustical Impact Report, utilizing precise
grading plans, and floor and elevation plans, for units with direct
exposure to Placentia Avenue. Said report must be able to demonstrate
Compliance or effective mitigation (such as noise control harriers) that will
reduce noise impacts to within compliance (45 dBA CNEL residential
interior, 65 dBA CNEL exterior; 50 dBA CNEL commercial interior). in the
event required noise I1vels are exceeded, upgraded design specifications
and/or materials shall be incorporated in order to meet the standards