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HomeMy WebLinkAbout90-121 - Mesa Development CompanyRESOLUTION NO. 90 -121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING SITE PLAN REVIEW NO. 60 FOR A DENSITY BONUS REQUEST OF MESA DEVELOPMENT COMPANY FOR THE PURPOSE OF CONSTRUCTING A FOURTEEN UNIT APARTMENT AT 1530 PLACENTIA AVENUE AFFORDABLE TO LOW INCOME FAMILIES FOR A PERIOD OF THIRTY YEARS AND • ACCEPTING THE ENVIRONMENTAL DOCUMENT. WHEREAS, the City of Newport Beach has adopted a Housing Element as part of its General Plan; and WHEREAS, the Housing Element of the Newport Beach General Plan has established policies pertaining to the providing of housing opportunities for all economic segments of the community; and WHEREAS, these policies include providing incentives within the limitation of available resources; and WHEREAS, the development of rental housing affordable to low income persons and families is a goal established in the Housing Element of the Newport Beach General Plan; and WHEREAS, Section 65915 of the California Government Code provides for approval of a density bonus and other incentives for affordable housing developments; and WHEREAS, the Mesa Development Company development provides all 14 units as affordable units to low income persons and families for a period of thirty years; and WHEREAS, the proposed 14 units affordable to low income persons and families will assist the City in achieving its goal of providing housing for all income segments of the community; and WHEREAS, the number of units provided and the 30 year term of affordability justify the granting of a 57% density bonus and other incentives; and WHEREAS, the Planning Commission of the City of Newport Beach has recommended that the City Council approve the density bonus and other incentives and certify the Environmental Document. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Newport Beach that the environmental document is accepted with the following Findings: That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. • 3. That based on the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project (as conditioned or as modified by mitigation measures identified in the Initial Study) could have a significant effect on the environment. - 1 - NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that a density bonus and other incentives are hereby granted to the Mesa Development Company to build a 14 unit apartment at 1530 Placentia Avenue subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That landscaping shall be regularly maintained free of weeds and debris. All • vegetation shall be regularly trimmed and kept in a healthy condition. 3. That all trash enclosures shall be screened from adjacent properties. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 6. That prior to the issuance of Building Permits the applicants shall record a reciprocal easement for ingress, egress and parking purposes, the form and content of which is to be approved by the City Attorney and Planning Director, over the southerly 26.5 feet of the adjoining property at 1538 Placentia Avenue and the northerly 8 feet of the subject property. The final design and location of the easement shall be subject to the approval of the City Traffic Engineer. 7. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 8. That the unused drive apron be removed and replaced with curb, gutter and a full width sidewalk which shall be constructed along the Placentia Avenue frontage under an encroachment permit issued by the Public Works Department. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to the issuance of grading permits or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 12. That overhead utilities serving the site shall be undergrounded to the nearest • appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 13. No construction, storage or delivery of materials shall be stored within the Placentia Avenue right -of -way and that an 8 foot wide pedestrian walkway be provided at all times except when the new sidewalk is actually being placed. -2- 14. That water services be provided per Costa Mesa Consolidated Water District Standards. 15. That any proposed landscaping or signs adjacent to the public right -of -way shall be approved by the Public Works Department. 16. That the occupancy of the four SRO style studio units shall be limited to one person each. • 17. That the waiver of the Fair Share fee shall be subject to the City Council approval. 18. That development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 19. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 20. The siltation control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 21. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 22. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 23. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed electrical engineer; with a letter stating that this requirement has been met. 24. That the applicant shall enter into a Grant Deed and an Affordable Housing Agreement, approved as to form and content by the City Attorney and the Planning Director, guaranteeing that ten (10) 2- bedroom units within the project shall be made available on a preferential basis to persons and families possessing an "active" Section 8 Existing Rental Assistance Certificate or Voucher and shall be rented at or below the Section 8 Fair Market Rent (FMR) Schedule for Newport Beach. That the 4 SRO units shall be rented by individuals that makes no more than 30% of the Orange County median income as established on the State's Section 6932 income limits table and rented for no more than 30% of that income. That the SRO rents may be adjusted upward relative to increases in the median income on the State's Section 6932 income table. Section 8 Certificate and Voucher holders may rent the 4 SRO units but not on a preferential basis. When a Section 8 • tenant does not occupy a 2- bedroom unit, the unit shall be rented to persons and families earning a maximum income of no more than 80 percent of the median income for Newport Beach adjusted for family size as shown on the Section 6932 Income Limits Table at or below the HUD Fair Market rent. Said Grand Deed and Affordable Housing Agreement shall be recorded with the Orange County Recorder's Office prior to the issuance of building -3- permits. The term of this agreement shall be for no more than thirty (30) years. 25. That the project shall be redesigned so as to provide a minimum 5.192 foot side yard setback. 26. That to the extent permitted by State and Federal law, preference shall be given to City of Newport Beach employees, with respect to the lease of rental units. • 27. If any underground fuel tanks are found to be located on the subject property, the tanks shall be removed in accordance with the requirements of the Newport Beach Fire Department and the Orange County Health Care Agency Environmental Health Division. 28. That prior to the issuance of demolition permits for onsite structures, all asbestos and other regulated hazardous or toxic material shall be removed from the site in accordance with the requirements of the Federal Environmental Protection Agency and any other state or local requirements. ADOPTED this 26th day of November , 1990. ATTEST: City Clerk ]M \RES \CDBGMF_9A.CC2 • Mayor