1 EASEMENT DEED AND AGREEMENT
Recording Requested By
and
When Recorded Return To:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: City Clerk
(Space Above This Line For Recorder’s Use Only)
EASEMENT DEED AND
EASEMENT
AGREEMENT
FOR THE OPEN SPACE EASEMENT
EASEMENT DEED
FOR VALUABLE CONSIDERATION
, the
receipt
of which is hereby
acknowledged
,
THE
PRESS OWNER, LLC
,
a Delaware
limited liability company
, hereinafter referred to as
“
Grantor
”
, does
hereby grant, convey and dedicate to the
CITY OF COSTA MESA
, a Municipal Corporation, hereinafter
referred to as “
City
”,
a perpetual easement for open space and public recreation purposes and incidents thereto
upon, over and across those portions of
th
at certain
real property located in the City of Costa Mesa,
County of Orange, State of California and more particularly described as follows
(collectively, the “
Open
Space Easement
”)
:
SEE
EXHIBITS A, B, C AND D
, EACH
ATTACHED HERETO AND MADE A
PART HER
EOF BY THIS REFERENCE
(collectively, the “
Open Space Easement
Area
”)
EASEMENT AGREEMENT FOR THE OPEN SPACE EASEMENT
THIS
EASEMENT AGREEMENT FOR THE OPEN SPACE EASEMENT
for public
recreational purposes and
maintenance commitments
by Grantor as set forth herein
(
“Easement
Agreement
”) is made and entered into
by and
between the City and Grantor.
RECITALS
WHEREAS
,
Grantor is
the owner and developer of real property in the City of Costa Mesa commonly known and described as 1375 Sun
flower Avenue, Costa Mesa, California
, and more particularly
described in
Attachment A
, attached hereto
and incorporated herein by
this
reference (“
Grantor
Property
”)
.
WHEREAS
, pursuant to the terms of that certain Trail Easement Agreement dated as of November ___, 2023 and recorded in the Official Records of Orange County, California prior to the recordation of this Easement Agreement
(the “
Hive Trail Easement Agreement
”)
, Th
e Hive Creative Office, Inc., a
Delaware corporation (“
Hive Owner
”) granted to Grantor an easement in and to the real property more particularly described in
Exhibits A and B
attached hereto and consented to the grant of the Open Space Easement to the City
by Grantor subject to and in accordance with the terms and conditions of this Easement Agreement.
ATTACHMENT 2
2 EASEMENT DEED AND AGREEMENT
WHEREAS
,
Grantor has a
greed to
dedicate the Open Space Easement for open space and public recreation purposes and thereafter
maintain
the Open Space Easemen
t Area
, including landscape
maintenance,
and keep
the Open Space Easement Area
open to the public;
WHEREAS
,
Grantor intends to
construct and maintain
upon the
Open Space Easement Area
certain recreational improvements
, including
,
but not limited to
,
a
multi
-
use pedestrian and bicycle
path
,
signage, metal handrails, fencing, landscaping, gateways, paving, workout facilities, and seating ;
WHEREAS
, Grantor enters into this Easement Agreement pursuant to the Conditions of Approval (defined below).
AGREEMENT
NOW, THEREFORE
, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows:
1. Definitions
.
The following definitions shall be used:
a.
Conditions of Approval
means the document outlining the conditions imposed by the City in conjunction with its approval of Zoning Application PA
-
17 -
03 A2 Master Plan Amendment
for 1375 Sunflower Avenue,
attached hereto as
Attachment
B
.
b.
City
means the City of Costa Mesa, includi
ng its elected and appointed officials, employees,
agents and contractors.
c.
Grantor
means
THE PRESS OWNER, LLC
,
a Delaware
limited liability company,
including its successors, heirs and assigns.
d.
Hive Owner
means
THE HIVE CREATIVE OFFICE, INC.
, a
Delaware
co
rporation,
including its successors, heirs and assigns.
e.
Improvements
means the
multi
-
use pedestrian and bicycle path, signage, metal handrails, fencing, landscaping, gateways, paving, workout facilities and seating now constructed or at
any time in the fut
ure constructed or placed upon
the Open Space Easement Area
, including
any future replacements and additions.
f.
Open Space Easement Area
means the multi
-
use
recreational
path
area running
from
Sunflower Avenue to South Coast Drive
, as more specifically descr
ibed in Exhibits A through
D of the Easement Deed granted herein above.
g.
Press Property
means
that certain
real property in the City of Costa Mesa commonly known
and described as 1375 Sunflower Avenue, Costa Mesa, California , and more particularly
described in
Attachment A
.
h.
Safety Hazard
means a
n open and observable
real property
condition or practice that, if not
fixed, could cause a serious accident, injury, illness, or death, as reasonably
determined by the
City.
2. Construct
ion of Improvements
.
Grantor
shall construct
and maintain the Improvements
in the Open Space Easement Area
according to the Conditions of Approval and this
Easement Agreement
.
ATTACHMENT 2
3 EASEMENT DEED AND AGREEMENT
3. Maintenance of
Open Space Easement
Area and Improvements
.
Grantor
agree
s
to
maintain
the
Improvements in the Open Space Easement Area
in a condition
reasonably
acceptable to City
and to repair any
material
defects or deficiencies as they
may
occur. Any condition
in the Open Space
Easement Area
that may present a Safety Hazard to t
he public shall be
promptly
repaired upon
Grantor
becoming or being made aware of the
Safety Hazard
or within five (5) working days from
Grantor’s receipt
of written
notification
of a Safety Hazard within the Open Space Easement Area
by the City.
Grantor
shall
immediately block access to the applicable portion of the Open Space Easement Area, or take other reasonable and necessary steps, to protect the public from such Safety Hazard(s) until it is repaired.
If such
Safety Hazard
cannot
reasonably
be repai
red within such five (5)
working
day period,
Grantor
shall
commence such repairs within such five (5)
working
day period and thereafter diligently pursue completion
of such repairs.
Failure of
Grantor
to repair, or
commence the
repair
of
, a Safety Hazard, within five (5)
working
days’ notice from the City constitutes a material breach of this
Easement Agreement
.
4. Labor and Equipment
.
Grantor
agree
s
to furnish all labor, tools, equipment and material
for the maintenance and repair o
f
the O
pen Space Easement
Area
, including its
Improvements.
Grantor
further agree
s
that all work done or undertaken by
Grantor
on the Open Space Easement Area, including
the construction, maintenance and repair of the Improvements,
shall be
done independently
an
d not as
an
agent, servant or contractor for City.
5. Authorization to Enter
Open Space Easement Area
.
Grantor
agree
s
and authorize
s
the
City, its employees, officers and agents, as well as the public at large, to enter in to
and upon the
Open Space
Easement Area
, including use of the gates at the entrance and exit of the Open Space Easement Area for
open space and public recreational purposes only
,
which
such City and/or public access
may be restricted
by Grantor
upon written authorization of the Cit
y, in the City’s sole discretion.
6. Public Access to
Open Space Easement Area
.
Grantor
specifically acknowledge
s
that
the
Open Space Easement Area
, including the gates at the entrance and exit of the
Open Space Easement
Area
, shall be open to the general pu
blic
for open space and public recreational purposes
.
Grantor
further
agree
s
that at no time shall
Grantor
prevent, deter or hinder City or any member of the general public from entering into, upon, or onto the
Open Space Easement Area;
provided
,
however
, that
City, in its sole
discretion, may allow restrictions to public access to the Open Space Easement Area, including allowing
Grantor to close the gates between dusk and dawn, or during such other times designated by the City, and further provided
,
howe
ver
, that Grantor shall
have the right to temporarily restrict the general public ’
s
access to the
Open Space
Easement Area as necessary or convenient from time to time in order to implement Grantor’s construction, maintenance and repair obligations as set forth in this Easement Agreement.
Without limiting the generality of the foregoing,
Grantor
hall have the right to install temporary access
barriers to effectuate such restricted access
, provided, however, that such restricted accees shall not exceed thre
e (3) days duration at any one time or a total of ten days in any 365 day period without written authorization by the City.
7. Damage to
Open Space Easement
Area and Improvements
. Grantor agrees and hereby
assumes all responsibility for any damages arising
out of or resulting from Grantor’s acts or omissions with regard to the Open Space
Easement
Area
, including its
Improvements thereon
,
as required by the terms of
this Easement Agreement. As set forth herein, Grantor shall repair and replace damaged facil ities,
equipment, or landscaping within the
Open Space Easement
Area
, including
the
Improvements thereon, as
needed
, regardless of the source of the damage
.
ATTACHMENT 2
4 EASEMENT DEED AND AGREEMENT
8. Indemnification and Hold Harmless
.
Grantor
hereby accept
s
and assume
s
any and all
liability for
any injury or property damage
occurring on or about the Open Space Easement Area, including the Improvements thereon, to the extent such liability exists against Grantor under California law.
Grantor
assume
s
all liability for claims arising
out of or resul
ting from Grantor’s acts or omissions
in connection
with the
construction, maintenance and repair of the Open Space Easement Area
and
the
Improvements
including, but not limited to, claims for injuries sustained by any member of the public or other
third
parties,
including agents and employees of City, from any alleged defect or dangerous condition related to the
construction or maintenance of the Improvements in the Open Space Easement Area caused by the act or omission of Grantor. Grantor
shall defend
wi
th the attorneys reasonably acceptable to City,
indemnify, and
hold free and harmless the City, its elected and appointed officials, officers, agents and employees, from and against any and all claims, demands, suits, actions, liabilities, expenses, damage s
(other than special,
consequential, exemplary or punitive damages)
, or proceedings of any kind or nature, including, but not limited to, all civil claims, arising out of or relating to the
construction, use, operation, repair, replacement,
maintenance of
the
Open Space Easement
Area and
/or
Improvements, in connection with this
Easement
Agreement
.
Grantor’s
obligation to defend, indemnify, and hold free and harmless the City from such costs and liabilities shall continue in full force and effect and shall survive termination or expiration of this Easement
Agreement (but shall survive only with respect to the
period in which this Easement Agreement
was in full force and effect, and shall not extend to any claims arising after this Easement Agreement has been terminated or expired).
The defense obligation provided for hereunder shall apply without any advance s
howing of negligence or wrongdoing by
Grantor
,
its
employees, and/or authorized subcontractors, but
shall be required whenever any claim, action, complaint, or suit asserts as its basis the acts, errors, or omissions of
Grantor, its
employees, and/or autho
rized subcontractors in connection with
this Easement
Agreement
, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the maintenance or lack thereof perfo rmed, the
Improvements installed, repaired, or maintained by
Grantor
,
its e
mployees, and/or authorized
subcontractors under this
Easement Agreement
, whether or not
Grantor
,
its
employees, and/or authorized
subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing,
Grantor
shall not be liable for the defense or indemnification of the City for claims, damages, costs,
liabilities, actions, complaints or suits arising out of the gross negligence or willful misconduc
t o
f
the City,
its elected and appointed officials
,
officers, agents and/or employees.
9. Insurance
.
Grantor
,
its
successors and assigns, shall obtain and maintain during the life of this
Easement Agreement
the following insurance coverage covering the
Open
Space Easement Area
and its the Improvements, including
the use of the
Open Space
Easement Area
by the public:
a.
Commercial general liability, including premises
-
operations, products/completed operations,
broad form property damage, blanket contractual liab
ility, independent contractors, and
personal injury, with a policy limit of not less than one million dollars ($1,000,000.00) combined single limits, per occurrence and aggregate.
Grantor’s
com
mercial
general liability
insurance policy shall contain or be
endorsed to contain to the following provisions:
i.
Additional insureds:
“The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject property pursuant to contract with Ci
ty.”
ii.
Notice:
“Said policy shall not terminate, nor shall it be canceled, nor the coverage reduced, until thirty (30) days (or until ten (10) days in the case of non -
payment of
premium) after written notice is given to City.”
ATTACHMENT 2
5 EASEMENT DEED AND AGREEMENT
iii.
Other insurance:
“Any other i
nsurance maintained by the City of Costa Mesa shall
be excess and not contributing with the insurance provided by this policy.” b.
Grantor
shall provide to City certificates of insurance showing the insurance coverages and required endorsements described abov
e, in a form and content approved by City, promptly
following the full execution
and delivery
of this
Easement Agreement
and shall provide
renewal certificates to the City prior to expiration of each policy period. c.
Nothing in this Section shall be constru
ed as limiting in any way, the indemnification provision contained in this
Easement Agreement
, or the extent to which
Grantor
,
its
heirs, successors,
agents and/or assigns, may be held responsible for payments of damages to persons or property.
10. Covenants t
o Run
With the Property
.
T
his Easement Agreement
shall run with the
Grantor Property
and shall be
binding upon inure to the benefit of Grantor and the City, and their
respective
successors, assigns, heirs and legal representatives and shall continue in effect for so long as the Open Space
Easement
Area exist
s or until this Easement Agreement is terminated or expires .
11. Sale or Transfer of Property; Successors and Assigns .
This
E
asement Agreement
and
the covenants made herein shall continue in effect and shall be binding on all successors, assigns, heirs and legal representatives of the parties hereto. The rights and obligations of this Easement Agreement
shall be
binding upon any
new
or successor owner(s)
of the
Grantor
Property
and such new or successor owner(s)
shall thereafter be deemed the Grantor as set forth in this Easement Agreement during the period it owns the fee interest in the Grantor Property;
provided
that
Grantor m
ay not transfer its fee interest in the Grantor
Property
without
also transferring and the new or successor owner assuming all corresponding obligations,
duties and reservations contained in this
Easement Agreement
. Without limiting the scope of the forego
ing,
Grantor
specifically acknowledge
s
that any
new or successor owner(s) of the Grantor Property
shall be
subject to the requirements for indemnification
and
insurance
as set forth herein for the period of the new
or successor owner(s) ownership of the Gr
antor Property. Grantor
agree
s
to disclose th
is Easement
Agreement
to any prospective purchasers or transferees of the
Grantor
Property
(it being understood that
by recording this Easement Agreement against title to the Grantor Property, Grantor shall be deemed to
have satisfied such disclosure obligations and such prospective purchasers or transferees shall be deemed to have imputed knowledge of this Easement Agreement)
, and any such
new or successor
owner of the
Grantor Property
shall, upon
the reasonabl
e
request of the City, execute such acknowledgements,
assignments or agreements demonstrating he/she/it is aware of this Easement Agreement
and agrees to the
terms hereof.
The foregoing notice requirements shall not apply to a lender or mortgagee succeed ing to
the interest of Grantor in or to the Grantor Property or any portion thereof.
Grantor
shall notify City within thirty (30) days following the sale, transfer or assignment by Grantor
of its
fee i
nterest in the
Grantor Property, including with such no
tice the name and contact
information for the new or successor owner of the Grantor Property . Upon any such sale, transfer or
assignment
of the Grantor Property
by
Grantor
, the rights and obligations of
Grantor
hereunder shall
automatically be transferred
and assigned
to the new or successor owner of the Grantor Property and that owner shall thereafter be deemed the Grantor hereunder
, and the
former Grantor (as the former owner of
the Grantor Property)
shall be released from any further obligations
arising
under this Easement Agreement
from and after the date of the transfer of the fee interest in the Grantor Property to the new Grantor owner .
The foregoing requirements set forth in this paragraph shall not apply to a lender or mortgagee succeeding to the in
terest of Grantor in or to the Grantor Property or any portion thereof.
ATTACHMENT 2
6 EASEMENT DEED AND AGREEMENT
12. Violation of Agreement
.
The parties agree that any violation of this
Easement Agreement
by
Grantor
could cause the City irreparable harm for which monetary damages would be an inadequate remedy. Therefore, the parties agree that City shall be entitled to equitable relief to enforce the terms hereof, including
,
but not limited to
,
specific performance a
nd/or appropriate injunctive
relief. The
p
arties agree
that the rights and remedies set forth herein are not exclusive and that exercise by either party of any right or remedy does not preclude exercise of any rights or remedies available at law or in equ ity.
13. Confirmation of Compliance
. Upon request by Grantor
or Hive Owner
from time to time,
and within thirty (30) days of such request,
City shall execute and deliver to Grantor
, its
members, investors
and lenders, and to any prospective
purchaser or trans
ferees
of the
Grantor
Property or the Hive Property,
or their respective lenders and investors, written confirmation that this Easement Agreement
remains
unmodified and
in full force and effect and no breach or default by Grantor exists hereunder , or if a
breach
or default does exist, specifying each such default and whether any amounts are due from Grantor, and the amount so due hereunder
.
14. Notice Pursuant to California Civil Code Section 813 .
The right of the public or any
person to make any use whatsoever of the
Open Space
Easement Area or any portion thereof
(other than
any
use
expressly
allowed
by a written or recorded
map,
agreement, deed
or
dedication)
is by permission,
and subject to cont
rol of the Grantor
or the City as set forth herein (See
Section 813, Civil Code
).
By this
Easement Deed and Easement Agreement
, Grantor grants express permission for use of the
Open Space
Easement Area by
the City and the
general public on the terms and conditions set forth
herein.
No use of
the
Open Space
Easement Area or any other portion of Grantor Property or other lands owned by Grantor, by
the City
and
/or
by members of the general public, and no construction, mainten ance, repair or use of
improvements thereof by
the City, members of the general public
or any third party, shall ripen to confer
on
the City or
any member of the general public, or any other party a vested, prescriptive or other right, title or interest in
or to the
Open Space
Easement Area
(except as expressly set forth herein)
or any other
portion of Grantor Property or other lands owned by Grantor.
15. Waiver
. The delay or failure of the parties at any time to require performance or compliance by the other
of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Easement Agreement
shall be effective unless in writing and signed by a duly authorized
representative of the party against whom
enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
16. Amendments or Modifications
. Any supplement, modification or amendment of this
Easement Agreement
shall be valid only if executed in writing and signed by both City and Grantor or their successors in interest.
17. No
tices
. All notices permitted or required under this
Easement Agreement
shall be
delivered to the respective parties at the following addresses or at such other address as the parties may provide:
GRANTOR
:
THE PRESS
OWNER, LLC
c/o Invesco
Advisers, Inc.
2 001 Ross Avenue, Suite 3400
Dallas, Texas 75201
Attention:
The Press
Asset Manager
ATTACHMENT 2
7 EASEMENT DEED AND AGREEMENT
With copies to
:
THE PRESS
OWNER, LLC
c/o Invesco Real Estate
620 Newport Center Drive, Suite 300
Newport Beach, CA 92660
Attention: Senior Asset Manager
CITY
:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn:
City Manager
With copies to
:
JONES MAYER
3777 N. Harbor Boulevard
Fullerton, CA 92835
Attention: Costa Mesa City Attorney
Such communications shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal
or overnight
delivery
(including Federal Express)
; and (b) 72 hours
after deposit in the U.S. Mail as reflected by the official U .S. postmark if such communication is sent
through regular United States mail.
Any
party may change the designations set forth herein upon written notice to the other party.
18. Attorneys’ Fees
. In the event that litigation is brought by any party in connecti on with
this
Easement Agreement
, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereu
nder or the enforcement of any of the terms, conditions, or provisions hereof.
19. Governing Law
. This
Easement Agreement
shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to con flict of laws. In
the event of any legal action to enforce or interpret this Easement Agreement
, the parties hereto agree that
the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
20. Severability
. If a
ny provision of this
Easement Agreement
is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the of fending provision in any
other circumstance. Notwithstanding the foregoing, if the value of this Easement Agreement
, based upon
the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court
or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
21. Authority
. The persons executing this
Easement Agreement
on behalf of the parties hereto
warrant that they a
re duly authorized to execute this
Easement Agreement
on behalf of said parties and that
by doing so, the parties hereto are formally bound to the provisions of this Easement Agreement
.
ATTACHMENT 2
8 EASEMENT DEED AND AGREEMENT
22. Recordation
. Upon execution of this
Easement Agreement
, it shall be r
ecorded in the
Official Records of the Clerk
-
Recorder of Orange County, California.
23. Effective Date
. This
Easement Agreement
shall become effective upon the date a duly
executed and acknowledged original of this
Easement Agreement
is recorded in the Offici
al Records of the
Clerk
-
Recorder of Orange County.
24. Entire Agreement
.
This
Easement Agreement
and the both the attachments and exhibits
attached hereto constitute the entire understanding and agreement of the parties with respect to the subject matter set f
orth herein and supersedes any and all other previous agreements whether oral or written, between the parties hereto. Each party to this
Easement Agreement
acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting
on behalf of any party, which are not embodied herein.
25. Attachments
.
This document includes the following exhibits and attachments which are attached hereto and made part hereof:
EXHIBIT A (East Portion of Rail T
r
ai
l, Legal Description)
[
Hive Property Easement Area
]
See attached
EXHIBIT B (East Portion of Rail Trail, Open Space Easement)
[
Diagram of Hive Property Easement Area
]
See attached
EXHIBIT C (West Portion of Rail Trail, Legal Description)
[
Press
Property Easement Area
]
See attached
EXHIBIT D (West Portion of Rail Trail, Open Space Easement)
[
Diagram of Press Property Easement Area
]
See attached
Attachment A (Property, Legal Description)
(
Press Property
)
See attached
Attachment
B
(Conditions of Approval PA
-
17 -
02 A2)
See attached
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT 2
10 EASEMENT DEED AND AGREEMENT
CITY
:
CITY OF COSTA MESA
a Municipal Corporation
___________________________
Lori Ann Farrell Harrison
City Manager
(Notarization Required)
APPROVED AS TO FORM
FOR THE CITY
___________________________
Kimberly Hall Barlow
City Attorney
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulne ss, accuracy, or validity of that document.
State of California
)
County of _____________________
)
On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) o n the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of
California
that the
foregoing paragraph is true and correct.
WITNESS my hand
and official seal.
Signature
ATTACHMENT 2
SMRH:4876
-
8057
-
6899.14
EXHIBIT A
-
1 -
EASEMENT DEED AND AGREEMENT
Diagram of
Hive Easement Area
–
Legal Description
35GW
-
369744
EXHIBIT A
(East Portion of Rail T
r
ail, Legal Description)
[
Hive Property Easement Area
]
An Easement interest in the following described property, created by that certain Trail Easement Agreement dated as of
November
___, 2023 by and between THE HIVE CREATIVE OFFICE, INC., a Delaware corporation (“Grantor’’), and THE PRESS OWNER, LLC, a Delawa re limited liability company
, recorded
in the Official Records of Orange County, California on November ___, 2023 as instrument number ________________, and more particularly described as follows:
[SEE ATTACHED]
ATTACHMENT 2
2/21/23
OPEN SPACE EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 140-042-12, -13
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 3 OF PARCEL MAP NO. 94-120 RECORDED IN BOOK 284, PAGES 7 THROUGH 10 INCLUSIVE OF PARCEL MAPS IN SAID COUNTY AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3 ALSO BEING THE NORTH LINE OF SOUTH COAST DRIVE, HAVING A HALF WIDTH OF 42.00 FEET;
lHENCE ALONG SAID NORTH LINE OF SOUTH COAST DRIVE SOUTH 89.40'32" EAST 20.89 FEET; lHENCE LEAVING SAID NORTH LINE OF SOUTH COAST DRIVE AND ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND NORTH 1·05'08" EAST 426.70 FEET;
lHENCE NORTH 89.08'56" WEST 10.51 FEET;
lHENCE NORTH 0•22' 48" EAST 800.54 FEET;
lHENCE NORTH 89.40'34" WEST 0.94 FEET TO A LINE PARALLEL WITH AND 15.00 FEET EAST OF THE WEST LINE OF SAID PARCEL 3;
lHENCE ALONG SAID PARALLEL LINE NORTH 0·21'56" WEST 145.71 FEET TO THE SOUTH LINE OF SUNFLOWER A VENUE, HAVING A HALF WIDTH OF 42.00;
lHENCE ALONG SAID SOUTH LINE OF SUNFLOWER AVENUE NORTH 89.40'34" WEST 15.00 FEET TO
THE INTERSECTION OF SAID SOUTH LINE OF SUNFLOWER AVENUE AND THE WEST LINE OF SAID PARCEL 3;
lHENCE ALONG SAID WEST LINE OF SAID PARCEL 3 SOUTH 0•21'56" EAST 1373.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 24,924 SQUARE FEET, MORE OR LESS.
ALSO SHOWN IN EXHIBIT "8" ATTACHED HEREWITH AND MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY SUPERVISION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
DATE
LICENSE EXPIRES: 12-31-
PAGE 1 OF 1
No. 8899
OWNER: THE PRESS OWNER, LLC.
ATTACHMENT 2
SMRH:4876
-
8057
-
6899.14
EXHIBIT B
-
1 -
EASEMENT DEED AND AGREEMENT
Diagram of
Hive Easement Area
35GW
-
369744
EXHIBIT B
(East Portion of Rail Trail, Open Space Easement)
[
Diagram of Hive Easement Area
]
[ATTACHED]
ATTACHMENT 2
1 OF 3
LEGEND:
SITE
VICINITY MAP
NOT TO SCALE
2/21/23
OPEN SPACE EASEMENT
EXHIBIT "B" W MACARTHUR BLVD
~ Cl
APN: 140-042-12, -13, &-19
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NUE -----.---S~~ROWi_E_R ___ Affi - -
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PAFlCEL 2
LLA No, LL 2-1-02
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202-woo1-wB-13
lNSTFlUMENT NO, <-
202-1000?-l0B-13 sS'v
PAFlCEL 3
PAHCEL MAP NO, 94--120
PJvLB, 28417--JO
N
I
NOTTO SCALE
SOUTH COAST DRIVE ----+--- --t--+----
DATE:
No. 8899
--------
PLAT
CITY OF COSTA MESA
COUNTY OF ORANGE
STATE OF CALIFORNIA
P.O.B. POINT OF BEGINNING
PARCEL LINE
EASEMENT BOUNDARY
STREET CENTERLINE
RAIL TRAIL EASEMENT
AREA= 24,924 SF +/-
OWNER: THE PRESS OWNER, LLC.
TAIT & ASSOCIATES INC.
Engineering -Surveying • Environmental
701 PARKCENTER DRIVE, SANTA ANA, CALIFORNIA 92705
TEL. (714) 560-8200
ATTACHMENT 2
2 OF 3
1 inch = ft. 40
1 inch = ft. 40
OPEN SPACE EASEMENT
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WESTERLY PORTION OF THE EASEMENT BY SEP ARA TE DOCUMENT PARCEL 2
LL.A. NO. LL 1B-04
JNSTRUMENT
No. 2020000062319
PROPERTY LINE
- - so·21'56" w 1373.oct7-- - - ~ -
- z
N 1 °05'08" E 426. 70'
PARCEL 3
PARCEL MAP No. 94-120
P.M.B. 2B417-10
THE INTENT IS THAT THE EASTERLY LINE OF SAID EASEMENT
BE CONTROLLED BY THE EXISTING FENCE LINE.
WESTERLY PORTION I OF THE EASEMENT BY SEPARATE DOCUMENT PARCEL 1
PROPERTY LINE
LL.A. NO. LL 21-02
JNSTRUMENT NO. 2021000710B13
- ___r- I S 0"21'56" W 1373.00' ----i.._ -
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PARCEL 3
PARCEL MAP No. 94-120
P.M.B. 2B417-10 ;E EASEMENT BE CONTROLLED BY
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ATTACHMENT 2
3 OF 3
1 inch = ft. 40
1 inch = ft. 40
OPEN SPACE EASEMENT
en m m
WESTERLY PORTION OF THE EASEMENT BY SEP ARA TE DOCUMENT PARCEL i
I : I~ LL.A. NO. LL 2-J-02
JNSTRUMENT NO. 202-J0007-J08i3
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THE INTENT IS THAT THE EASTERLY LINE OF SAID EASEMENT
BE CONTROLLED BY THE EXISTING FENCE LINE.
WESTERLY PORTION OF THE EASEMENT
BY SEPARATE DOCUMENT
PARCEL i
LL.A. NO. LL 2-J-02
JNSTRUMENT No. 202-J0007i0Bi3
- - - so·21'56" w 1373.~
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ATTACHMENT 2
SMRH:4876
-
8057
-
6899.14
EXHIBIT C
-
1 -
EASEMENT DEED AND AGREEMENT
Press
Easement Area
–
Legal
Description
35GW
-
369744
EXHIBIT C
(West Portion of Rail Trail, Legal Description)
[
Press Property Easement Area
]
[ATTACHED]
ATTACHMENT 2
EXHIBIT "A"
RAIL TRAIL EASEMENT
LEGAL DESCRIPTION
APN: 140-042-16, -17 & -20
OWNER: THE PRESS OWNER, LLC.
EXHIBIT "C"
OPEN SPACE EASEMENT
&19
ATTACHMENT 2
EXHIBIT "A"
RAIL TRAIL EASEMENT
LEGAL DESCRIPTION
APN: 140-042-16, -17 & -20
OWNER: THE PRESS OWNER, LLC.
2/21/23
EXHIBIT "C"
OPEN SPACE EASEMENT
& 19
ATTACHMENT 2
SMRH:4876
-
8057
-
6899.14
EXHIBIT D
-
1 -
EASEMENT DEED AND AGREEMENT
Diagram of Press
Easement Area
35GW
-
369744
EXHIBIT D
(West Portion of Rail Trail, Open Space Easement)
[
Diagram of Press Property Easement Area
]
[ATTACHED]
ATTACHMENT 2
1 OF 3 CITY OF COSTA MESA
COUNTY OF ORANGE
STATE OF CALIFORNIA
TAIT & ASSOCIATES INC.
701 PARKCENTER DRIVE, SANTA ANA, CALIFORNIA 92705
TEL. (714) 560-8200
Engineering Surveying Environmental
PLAT
LEGEND:
POINT OF BEGINNING
PARCEL LINE
EASEMENT BOUNDARY
STREET CENTERLINE
PREPARED UNDER MY DIRECTION:
______________________________
MICHAEL FURLONG, PLS 8899
DATE: ________________________
N
P.O.B.
RAIL TRAIL EASEMENT
AREA = 10,318 SF +/-
EXHIBIT "B"
RAIL TRAIL EASEMENT
APN: 140-042-16, -17 & -20
405
SITE
VICINITY MAP
NOT TO SCALE
OWNER: THE PRESS OWNER, LLC.
NOT TO SCALE
2/21/23
EXHIBIT "D"
OPEN SPACE EASEMENT
&19
ATTACHMENT 2
2 OF 3 CITY OF COSTA MESA
COUNTY OF ORANGE
STATE OF CALIFORNIA
TAIT & ASSOCIATES INC.
701 PARKCENTER DRIVE, SANTA ANA, CALIFORNIA 92705
TEL. (714) 560-8200
Engineering Surveying Environmental
PLAT
CONTINUED AT
LOWER RIGHT
N
EXHIBIT "B"
RAIL TRAIL EASEMENT
N
1 inch = ft. 401 inch = ft. 40
CONTINUED FROM
ABOVE LEFT
SEE SHEET 3 OF 3
EXHIBIT "D"
OPEN SPACE EASEMENT
ATTACHMENT 2
3 OF 3 CITY OF COSTA MESA
COUNTY OF ORANGE
STATE OF CALIFORNIA
TAIT & ASSOCIATES INC.
701 PARKCENTER DRIVE, SANTA ANA, CALIFORNIA 92705
TEL. (714) 560-8200
Engineering Surveying Environmental
PLAT
N
EXHIBIT "B"
RAIL TRAIL EASEMENT
CONTINUED AT
LOWER RIGHT
CONTINUED FROM
ABOVE LEFT
N
1 inch = ft. 40
1 inch = ft. 40
SEE SHEET 2 OF 3
EXHIBIT "D"
OPEN SPACE EASEMENT
ATTACHMENT 2
SMRH:4876
-
8057
-
6899.14
ATTACHMENT A
-
1 -
EASEMENT DEED AND AGREEMENT
Legal Description Press Property
35GW
-
369744
ATTACHMENT
A
LEGAL DESCRIPTION
(
The Press Property, Legal Description
)
THE LAND REFERRED TO
HEREIN BELOW IS SITUATED IN THE CITY OF COSTA
MESA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL 18
-
04, IN THE CITY OF COSTA MESA,
COUNTY OF ORANGE, STATE OF
CALIFORNIA, RECORDED FEBRUARY 13, 2020 AS
INSTRUMENT NO. 202000062319 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA:
EXCEPTING THEREFROM THE NORTH 232.52 FEET OF THE SOUTH 338.56 FEET OF THE WEST 152.62 FEET OF SAID PARCEL 1.
ALSO EXCEPTING, FROM A PORT
ION OF SAID LAND, ALL OIL, GAS/HYDROCARBON
SUBSTANCES AND MINERALS BY WHATEVER NAME KNOWN IN, ON OR UNDER THE ABOVE DESCRIBED LAND BELOW A DEPTH OF 500 FEET MEASURED
VERTICALLY FROM THE SURFACE OF THE GROUND, BUT WITHOUT THE RIGHT OF
ENTRY UPON ANY PORTION
OF THE SURFACE OF THE GROUND ABOVE A DEPTH
OF 500 FEET FOR THE PURPOSE OF EXPLORING FOR, BORING, MINING, DRILLING,
REMOVING, EXTRACTING OR MARKETING SAID SUBSTANCES, TOGETHER WITH
THE EXCLUSIVE RIGHT TO EXECUTE ANY AND ALL LEASES FOR THE PURPOSE OF EXTRAC
TING OR RECOVERING SAID SUBSTANCES, AS RESERVED IN DEED RECORDED JANUARY 18, 1966.
ALSO EXCEPTING, FROM A PORTION OF SAID LAND, ALL MINERAL RIGHTS, BUT WITHOUT RIGHT OF ENTRY ON THE SURFACE OR WITHIN 500 FEET THEREOF, AS RESERVED BY C.J. SEGERSTROM & SONS,
A GENERAL PARTNERSHIP, IN THE DEED
RECORDED JANUARY 24, 1979 IN BOOK 13010, PAGE 1413 OFFICIAL RECORDS.
ALSO SHOWN AND DESCRIBED AS EXHIBIT “A” IN LOT LINE ADJUSTMENT NO. LL 21 -
02, RECORDED NOVEMBER 19, 2021 AS INSTRUMENT NO. 2021
-
710813, OFFICIAL
RECORDS
.
PARCEL B:
PARCEL 2 OF LOT LINE ADJUSTMENT NO. LL 18
-
04, RECORDED FEBRUARY 13, 2020
AS INSTRUMENT NO. 202000062319 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING ALL MINERAL RIGHTS, BUT WITHOUT RIGHT OF ENTRY ON THE SURFACE OR WITHIN 500 FEET
THEREOF, AS RESERVED BY C. J. SEGERSTROM &
ATTACHMENT 2
SMRH:4876
-
8057
-
6899.14
ATTACHMENT A
-
2 -
EASEMENT DEED AND AGREEMENT
Legal Description Press Property
35GW
-
369744
SONS, A GENERAL PARTNERSHIP, IN THE DEED RECORDED JANUARY 24, 1979 IN BOOK 13010, PAGE 1413 OFFICIAL RECORDS.
APN: 140
-
042
-
16; 140
-
042
-
17;
140
-
042
-
19; and
140
-
042
-
20 ATTACHMENT 2
SMRH:4876
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8057
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6899.14
EXHIBIT B
-
1 -
TRAIL EASEMENT AGREEMENT
111623
Depiction of
Easement Area
35GW
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369744
ATTACHMENT
B
CONDITIONS OF APPROVAL
(
Conditions of Approval PA
-
17 -
02 A2
)
[see attached
–
for conditions of approval dated as of August 19, 2021
Zoning Application PA
-
17 -
03 A2
Master Plan Amendment for 1375 Sunflower Avenue
]
ATTACHMENT 2
PA-17-03 A2
August 19, 2021
site planning, integration of Uses and structures and protection of the integrity of neighboring development.
Facts in Support of Finding: The proposed master plan amendment includes a change in the character of the use from a creative office space and food hall to a single use tenant in a campus like setting with on-site manufacturing, research, dining and outdoor space. The buildings would be modernized in appearance, and landscaping incorporated thought the site and parking areas. Conditions of approval will ensure that the mix of uses within the site would not adversely impact neighboring uses and developments. The master plan as modified provides for a creative mix of uses integrated into a single development with a unique layout and architectural design and appropriate setbacks, landscaping and pedestrian and bike connections. The project reflects high quality site planning and development. Additionally, the building front setbacks meet the minimum required by code and will be extensively landscaped to provide an attractive streetscape. The integrated design of the buildings, outdoor use areas, and pedestrian and bike connections will provide a cohesive development. The percentage of compact spaces stay consistent with the previous approval that included a total of 10 percent of the total number of parking spaces.
B. An addendum to the Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA Guidelines Section 15073, the addendum was made available for a 10-day public review and comment period from August 6, 2021 to August 18, 2021.
C. The original project was subject to traffic impact fees in the amount of $927,216.00 and San Joaquin Hills Corridor Fees in the amount of $1,076,666.91 which have been submitted on June 30, 2021. Since the new amendment results in fewer number of peak hour and daily trips, no additional impact fees are required.
CONDITIONS OF APPROVAL
Planning 1. This master plan amendment shall continue to comply with the conditions of approval, code requirements, and mitigation measures of the IS/MND.
2. Any change in the approved development plan or operational characteristics shall require review by the Planning Division and may require an amendment to the master plan, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. Signage and artistic graphics shall be reviewed separately and are not subject to master plan approval. The applicant is reminded that the Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)].
ATTACHMENT 2
PA-17-03 A2
August 19, 2021
10. 11.
12. If any mitigation measures from the IS/MND are removed, the Planning Commission must make a finding that the project will not result in significant environmental impacts.
The conditions of approval and code requirements shall be blueprinted on the page following or containing the site plan.
The applicant shall execute and record a deed restriction for all properties within the 23.4-acre site disclosing the allowed development and maximum Floor Area Ratio and trip budget as allowed in the General Plan.
No modification(s) of the approved building elevations including, but not limited to, change of architectural type, 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. Specifically, elevations shall not be modified unless otherwise approved by the Development Services Director as consistent with the architectural design and features of the proposed development. 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.
ja ale bad XA 2 ‘aia 2 a 95h v $
Prior to issuance of building permits for Phase 2 3, the developer shall record a reciprocal access and parking agreement for the parking areas within the three parcels, as well as a Lot Line Adjustments modifying the current parcel configurations as required by the California Building Code.
The landscape/ hardscape plans for each phase shall include details for all trees, planting, and amenities and establish a pedestrian connection for future connectivity between all phases of the preliminary master plan.
All landscape improvements for each phase shall be installed prior to issuance of Certificate of Occupancy for the building. The landscape plans shall provide for a future pedestrian connection between all three parcels.
All planting and irrigation lines for the landscaping within the setback area along Sunflower Avenue shall be installed with Phase 1 of the project.
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 residential communities through specified measures, such as construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes.
Developer shall submit a signed and completed Maintenance Agreement to the satisfaction of the Development Services Director and City Attorney's office requiring the developer to be 100% responsible for maintenance of ATTACHMENT 2
PA-17-03 A2
August 19, 2021
13. 14.
13)
16. 17.
18. the landscape easement and parkway areas along all the project boundaries.
The subject property's ultimate finished grade level may not be filled/raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable onsite storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official and City Engineer 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 pump(s) shall continuously be maintained in working order. In any case, development of the subject property shall preserve or improve the existing pattern of drainage on abutting properties.
Street trees in the landscape parkway shall be selected from Appendix D of the Streetscape and Median Development Standards and appropriately sized and spaced (e.g. 15-gallon size planted at 30 feet 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 landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits.
Transformers, backflow preventers, and any other approved above-ground utility improvement shall 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.
Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts.
Sign plans shall be submitted for all three Phases of the project including location, size, and details of all building and ground mounted signs and accent graphics. Signage shall be integrated and internally consistent throughout the project.
Prior to the issuance of Building Permits, the developer 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:
a. The mounting height of lights on light standards shall not exceed 18 feet in any location on the Project site unless approved by the Development Services Director.
b. The intensity and location of lights on buildings shall be subject to the Development Services Director's approval.
c. 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.
ATTACHMENT 2
PA-17-03 A2
August 19, 2021
19. 20.
21. 22.
23. 24.
d. Lighting design and layout shall limit spill light to no more than 0.5-foot candle 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.
The developer shall contact the Planning Division to arrange for an inspection of the site prior to the final inspections. The Planning Division inspection is to confirm that the conditions of approval and code requirements have been satisfied.
No exterior roof access ladders, roof drain 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 rainwater from the scupper/downspout to the ground. An integrated downspout/gutter system which is painted to match the building would comply with the condition. This condition shall be completed under the direction of the Planning Division.
Developer shall submit any minor amendments to the Preliminary Master Plan to the Development Services Director for review and approval prior to submission of working plans/drawings for plan check.
Show method of screening for all ground-mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). With the exception of back-flow prevention devices, ground-mounted equipment shall not be located in any landscaped setback visible from the street and shall be screened from view, under the direction of Planning Staff.
Prior to issuance of grading permits, the applicant shall conduct soil sampling to demonstrate that there are no concentrations above the California Human Health Screening Levels (CHHSLs) for the proposed uses. No permits shall be issued until evidence that the on-site soils do not contain concentrations of chemicals of concern above the applicable CHHSLs has been provided to the Planning Department.
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 way 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 of 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, fees, 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 ATTACHMENT 2
PA-17-03 A2
August 19, 2021
Eng. 25.
26. 27.
28. 29.
30. 31.
32. 33.
34. to represent the City’s interests, and applicant shall indemnify City for all such costs incurred by City.
At the time of development submit for approval an Offsite Plan to the Engineering Division and Grading Plan to the Building Division that shows Sewer, Water, Existing Parkway Improvements and the limits of work on the site, and hydrology calculations, both prepared by a registered Civil Engineer or Architect. Construction Access approval must be obtained prior to Building or Engineering Permits being issued by the City of Costa Mesa. Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the City of Costa Mesa.
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.
Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the City of Costa Mesa.
Obtain an encroachment permit from the Engineering Division for any work in the City public right-of-way. Pay required permit fee & cash deposit or surety bond to guarantee construction of off-site street improvements at time of permit per section 15-31 & 15-32, C.C.M.M.C. as approved by City Engineer. Cash deposit or surety bond amount to be determined by City Engineer.
Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. driveway approaches per City of Costa Mesa Standards as shown on the Offsite Plan. Location and dimensions are subject to the approval of the Transportation Services Manager. ADA compliance required for new driveway approaches.
Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then reconstruct damaged sidewalk per City of Costa Mesa Standards as shown on the Offsite Plan to comply with ADA requirements.
Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then reconstruct wheelchair ramps per City of Costa Mesa Standards as shown on the Offsite Plan to comply with ADA requirements.
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.
Fulfill Drainage Fee requirements per City of Costa Mesa Ordinance No. 06-19 prior to approval of Final Map/Approval of Plans.
In order to comply with the 2003 Drainage Area Management Plan (DAMP), the proposed Project shall prepare a Water Quality Management Plan conforming to the Current National Pollution Discharge Elimination System (NPDES) and the Model WQMP, prepared by a Licensed Civil Engineer or ATTACHMENT 2
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35. 36.
38. 39.
40. 41.
42. 43.
44. Environmental Engineer, which shall be submitted to the Department of Public Works for review and approval.
a. A WQQMP (Priority or Non-Priority) shall 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 phases of the project are adhered to.
b. Location of BMPs shall not be within the public right-of-way.
Maintain ingress/egress access rights over Parcel 2 as described on Parcel Map 98-227 recorded in the County of Orange.
The developer shall dedicate to the City a non-exclusive utility easement, 4-foot in width and 81-feet in length, parallel and adjacent to Sunflower Avenue at the northeast corner of the property.
. Developer shall construct wide flare or radius curb drive approaches at locations identified on site plan. Developer shall comply with minimum clearance requirements from property lines and any vertical obstructions.
Phase 3 Parking Structure Conditions:
a. Commercial/visitor parking spaces shall be at least 9 feet wide. Parking spaces shall be 18 feet in length.
b. All columns shall be recessed at least 4 feet from edge of parking aisle.
Increase width of parking spaces adjacent to columns or vertical obstructions by one foot.
c. Minimum parking aisle width shall be 25 feet.
d. All slopes of parking structure shall adhere to City of Costa Mesa Ramp Slope Standards.
e. Provide minimum turnaround area of 35 feet by 10 feet at end of all dead-end parking aisles.
Provide a traffic operation plan for construction related activities and parking management plan during the construction of the parking structure to the Transportation Division to review prior to building permit application.
Mill and overlay a minimum of 2 inches the entire westbound travel lanes along the frontage of the property on South Coast Drive.
Prior to building permit final for Phase 2, the developer shall construct and dedicate a lighted two-way Class 1 multi-purpose trail to the City of Costa Mesa to connect South Coast Drive and Sunflower Avenue along the east side of the project. Final design shall be subject to the review and approval of the Public Services Department.
The multi-purpose trail shall be maintained by the property owner.
The Final Master Plan shall be consistent with the trip rates established by the 2015-2035 General Plan. Alternatively, the applicant may prepare a traffic study upon completion and occupancy of Phase 1, for review and approval of ATTACHMENT 2
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the Transportation Division. Based on the results of such a study, a more accurate traffic count could be established to determine the square footage necessary to meet i maximum threshold allowed by the General Plan.
46. Developer shall fund the design and construction of a new traffic signal and associated ADA ramps at the west project driveway on South Coast Drive identified in the proposed design features of the project and traffic study. Developer shall consult with the Transportation Services Division prior to the design and construction of the traffic signal to review location, design standards, signal equipment, operation, and aesthetics. Developer shall provide traffic signal design plans to the Transportation Services Division ae review ane approval prior to construction.
49. Comply with the requirements of the adopted California Fire Code, including the referenced standards as amended by the City of Costa Mesa.
50. A fire department site and access plan shall be submitted for review and approval.
51. Developer shall install approved fire sprinkler and fire alarm systems in accordance with the California Fire Code requirements.
52. Developer shall provide an automatic fire sprinkler system according to NFPA 13.
53. Developer shall provide an automatic fire alarm system according to NEPA 72.
54. Provide “blue dot” reflective markers on all on-site fire hydrants.
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55. Chanaes of use or occupancy in existing structures shall not be made unless the use or occupancy is made to comply with the requirements of the adopted California Building and Fire Codes.
56. Alternate Materials, Alternate Design, and Methods of Construction requests shall be submitted through the Building and Safety Division for assessment of code insufficiencies or performance based designs.
Police 57. Developer shall work with the Police Department in implementing security measures to the maximum extent feasible. For example, developer shall install an on-site video surveillance system that will be monitored by on-site security personnel. A final security plan shall be submitted to the Planning Division prior to opening.
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“EXIT” si th its shall be clearly marked wi All ex 80
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GODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant’s reference. All applicable federal, state, and local laws which are applicable to the project shall be complied with, regardless of whether they are identified herein. Any reference to “City” pertains to the City of Costa Mesa.
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