HomeMy WebLinkAbout49 - PH-2 - Attachment 4 - 4/15/2014ATTACHMENT 4
DRAFT ORDINANCE FOR REZONE
- 5-G-
ORDINANCE NO. 14 -
AN ORDINANCE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA GRANTING APPROVAL TO ADOPT REZONE R -13-Q2 FOR A
REZONE (OR CHANGE) OF THE ZONING CLASSIFICATION OF THE 4.17 -
ACRE DEVELOPMENT SITE FOR THE 125 EAST BAKER APARTMENT
PROJECT FROM COMMERCIAL LIMITED (CL) TO PLANNED
DEVELOPMENT RESIDENTIAL — HIGH DENSITY (PDR -HD) AT 125 EAST
BAKER STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (62.5 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of
58 dwelling units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development
Residential — High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units
per acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project
would require an amendment to Table 13-58 (Planned Development Standards) to
allow a site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (62.5 feet overall height) with 457 parking
spaces in the structure and four outdoor on -grade parking spaces with a deviation
from: on-site parking spaces (538 parking spaces required; 461 parking spaces
proposed).
6. Development Agreement DA -14-02. A Development Agreement between the
applicant and the City of Costa Mesa to fund future public improvements in the area.
WHEREAS, a Rezone (or change) of the zoning classification of the 4.17 -acre
development site is proposed from Commercial Limited (CL) to Planned Development
Residential — High Density (PDR -HD) for the development of the project as described
above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public
review and comment.
WHEREAS, the Planning Commission has reviewed all environmental
documents comprising the Final EIR and has found that the Final EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives,
and the Final EIR is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at
their meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project
was consistent with the Commission's Airport Environs Land Use Plan (AELUP) for
John Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission, on a 5-0 vote, recommended that City
Council certify the EIR, tentatively approve General Plan Amendment GP -13-02; and
approve Zoning Code Amendment Ca -13-02, and Master Plan PA -11-13, by separate
resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April
15, 2014, with all persons having the opportunity to speak and be heard for and against
the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -
14 -02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-
11, will be subject to the approval of the General Plan Amendment GP -13-02.
SECTION 1: REZONE. Based on the evidence in the record and the findings
contained in Exhibit A, THE CITY COUNCIL HEREBY GRANTS APPROVAL TO
ADOPT R-13-02, which amends the Zoning Map of the City of Costa Mesa (Exhibit B)
with respect to the property described above.
SECTION 2: ENVIRONMENTAL DETERMINATION. Pursuant to the California
Environmental Quality Act (CEQA), a Draft EIR was circulated from November 6, 2013
to December 20, 2013 for public review and comment. The City of Costa Mesa
received written and verbal comments from the general public, government entities, and
other interested parties during the public review period. Written and verbal comments
received from the general public, government entities, and other interested parties were
responded to in the manner prescribed in California Code of Regulations Section
15088. A Responses to Comment document was prepared which includes responses
to comment on environmental issues received during the public review period of the
Draft EIR and errata pages showing redlined/strikeout revisions reflected in the Final
EIR. No significant new information has been added to the Final EIR and no changes
to the proposed project have occurred which would require recirculation under CEQA
Guidelines Section 15088.5. The Draft EIR, Responses to Comments, errata pages
identifying revisions to the Draft EIR, and any other information added by the City
constitutes the Final EIR for this project. The Planning Commission has reviewed all
environmental documents comprising the Final EIR and has found that the Final EIR
considers all environmental impacts of the proposed project and a reasonable range of
alternatives, and the Final EIR is complete, adequate, and fully complies with all
SC4
requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa
Environmental Guidelines. The Final EIR for this project reflects the independent
judgment of the City of Costa Mesa.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen (15)
days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary of this Ordinance
and a certified copy of the text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post in the office of the City Clerk a certified copy of this Ordinance
together with the names and member of the City Council voting for and against the same.
ATTEST:
JIM RIGHEIMER
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
STATE OF CALIFORNIA)
}ss
COUNTY OF ORANGE ]
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above Council Resolution Number 14
as considered at a regular meeting of said City Council held on the 15th day of April,
2014, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the 15th day of April, 2014, 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 , 2014
-6::�, 1
EXHIBIT A
X1011110 rCY.-1
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Required Finding: A compatible and harmonious relationship exists between the
proposed use and existing buildings, site development, and uses that exist or have
been approved for the general neighborhoods.
Response: With implementation of the mitigation measures identified in the
EIR for the proposed project, all potentially significant impacts have been
reduced to less than significant levels. With the implementation of the
recommended conditions of approval, the proposed project will be
compatible and harmonious with uses that exist within the general
neighborhood. The project features quality construction and materials. The
proposal provides on-site amenities comparable with quality residential
units. The parking study prepared for the project identifies that the parking
demand is adequate for this project. The Airport Land Use Commission for
Orange County (ALUC) determined that the proposed project was consistent
with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA).
Required Finding: 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 automobile and pedestrian circulation have been
considered.
Response: The parking study prepared for the project concludes that the
parking will be sufficient to accommodate the proposed mix of units within
this project. The mitigation measures in the EIR include provisions for a
traffic signal at Baker/Pullman intersection, street improvements at the Red
Hill/ Baker intersection, payment of traffic impact fees, and to provide
adequate sight distance for vehicles at all project drive approaches.
Required Finding: The use complies with performance standards as prescribed
elsewhere in the Zoning Code, subject to approval of the proposed Zoning Code
Amendment for site specific changes to the density and height limits for this site.
Response: The project complies with the City's Zoning Code, subject to
approval of the associated Zoning Code Amendment for site specific text
changes as it pertains to density and building height, and complies with the
intent of the Zoning Code as it pertains to on-site parking spaces.
Required Finding: The use is consistent with the General Plan.
Response: A change in the land use designation of the 4.17 -acre
development site from Industrial Park to High Density Residential is proposed
to accommodate the development, therefore, the proposed rezone to PDR -
HD would be consistent with the proposed High Density Residential General
Plan designation for the project site.
Required Finding: The cumulative effect of all the planning applications have
been considered.
Response: The cumulative effects of General Plan Amendment GP -13-02,
Zoning Code Amendment CO -13-02, Rezone R -13-D2, and Master Plan PA -
13 -11 have all been considered for this project and no significant cumulative
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impacts were identified.
B. Required Finding: The proposed rezone is consistent with the Zoning Code and
the General Plan.
Response: The project site is located at the southwest corner of Baker
Street and Pullman Street. The site is approximately 4.17 -acres in size
(181,415 square feet), is roughly triangular-shaped, and is currently
occupied by a 66,000 -square -foot two-story office building constructed in
1974, a surface parking lot, signage, and landscaped areas within the
parking area and around the perimeter of the site. The property is currently
zoned CL (Commercial Limited) and has a General Plan Land Use
Designation of Industrial Park (MP). The proposed project involves replacing
the existing office building and surface parking areas with an apartment
building and parking structure as described above. The apartment units are
comprised of studio units, one -bedroom units, two-bedroom units and three
bedroom units. A rezone (or change) of the zoning classification of the
4.17 -acre development site from Commercial Limited (CL) to Planned
Development Residential — High Density (PDR -HD). The proposed rezone
to PDR -HD would be consistent with the proposed High Density Residential
General Plan designation for the project site.
C. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures. The Final EIR was prepared for this project pursuant to Article 7 - EIR
Process, of the CEQA Guidelines, although the proposed project could have a
significant effect on the environment, mitigation measures and conditions of
approval have been included, which avoid or substantially lessen the significant
environmental effects, as identified in the final EIR.
41 _-) -
EXHIBIT B
Amendment to the Zoning Map
Change the zoning designation of the 4.17 -acre development site at 125 East
Baker Street from Commercial Limited (CL) to Planned Development Residential -
High Density (PDR -HD)
Overview Map
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