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HomeMy WebLinkAbout1988-06-08APPROVED 3-2-88 MINUTES HUNTINGTON BEACH PLANNING COMMISSION JUNE 8, 1988 - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P(arrived late) P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega A P Higgins, Bourguignon FOR THE RECORD: Art Folger stated he observed Chairman Leipzig's 30 minute absence from the first 30 minutes of the meeting, however since he did not miss any of the public hearing he determined that Chairman Leipzig was eligible to vote on tonight's scheduled items. A. CONSENT CALENDAR: A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE MINUTES OF MAY 3, 1988 PLANNING COMMISSION MEETING, WITH CORRECTIONS, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Ortega NOES: None ABSENT: Leipzig, Higgins ABSTAIN: Livengood, Bourguignon MOTION PASSED B. ORAL COMMUNICATIONS None C. PUBLIC HEARING ITEMS C-1 DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 FOR THE PROPOSED WATERFRONT PROJECT 91 APPLICANT: RLM PROPERTIES, LTD. AND HUNTINGTON BEACH REDEVELOPMENT AGENCY Draft Supplemental Environmental Impact Report No. 82-2 (Draft SEIR) was prepared to analyze the potential impacts of the proposed Waterfront project to be located in Districts 8b and 9 of the City's Downtown Specific Plan. The Draft SEIR augments the analysis conducted in Final Environmental Impact Report No. 82-2, which analyzed in general the potential impacts of the overall Downtown Specific Plan, by analyzing in more detail the potential impacts that may arise from the proposed Waterfront project. The Draft SEIR was prepared by an outside consultant, LSA Associates, Inc. and, once certified, is intended to be utilized for the following discretionary actions: 1) Relocation Assistance Plan/Impact of Conversion Report;2) Zone Change No. 87-7; 3) Conditional Use Permits for each phase; 4) Coastal Development Permits for each phase; 5) Development Agreement/Master Plan; 6) Disposition and Development Agreement. STAFF RECOMMENDATION: Adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2 by adopting attached Planning Commission Resolution No. 1397 with Statement of Overriding Considerations. 1k THE PUBLIC HEARING WAS OPENED Sean Milburn, project manager, spoke in support of the SEIR and urged the Commission to adopt and certify as adequate. He said the study was comprehensive and extremely detailed with a full build -out considered and does not feel that any further studies should be required. Jan Shomaker, 18792 Lister Lane, representing the Board of Realtors spoke in support of the Supplemental Environmental Impact Report. Shirley Long, 6352 Reuben Drive, stated that in her opinion the report was adequate and urged the Commission to approve. Kirk Kirkland, 2217 Florida Street, spoke in support of the report. He feels that all of the issues had been addressed and urged approval by the Commission. Gail Altimari-Brown, 1205 Lake Street, requested the Commission to require separate EIR's for each phase to include studies on liquefaction, traffic study for summer months, peak -hour analysis, economic benefits of restoration, industry standards, alignment of , Walnut, drainage to wetlands areas and hydrological issues. PC Minutes - 6/8/88 -2- (0977d) Irene Alfieri, 20032 Midland Lane, representing the Environmental Board, said she feels the realignment of Walnut will mitigate traffic in the area however she would --like _to see-=mare---effor-t--taken to preserve the wetlands. - Dean Albright, 17301 Breda-Lane,.representing the -Environmental Board, addressed his concern with the water supply to the wetlands. He feels that the wetlands should be developed as a park and be included as part of one phase with care taken so that the water--'-. supply is not shut- off to the wetlands. H. W. McClain, 21462 Pacific Coast Highway #83, President of Driftwood Beach Mobilehome Owners, spoke on the relocation assistance plan. He stated the agreement is being finalized at the present and is encouraged that it will be approved -and urged -"any members of Driftwood to refrain from speaking until agreements were settled. He requested his letter, addressed to Doug LaBelle, to be part of the official records. He further stated that he supported the Waterfront project as long as the mobilehome acquisition plan was approved. Richard J. Hill, 500 Newport Center Drive,•Attorney for -the Driftwood Mobilehome Association, requested that approvals on any matters regarding the Waterfront project be conditioned "subject to finalization of Mobilehome Acquisition and Relocation Plan", including the supplemental environmental impact report. klaus Goedecke, President of the Chamber of Commerce, spoke -in,.__.,_ "support of the environmental impact report.- He -feels that the report met all development standards. Steve Holden, 949 Tenth Street, urged approval of the environmental impact report. Larry Washa, 7777 Edinger, spoke in support of the environmental" impact report. He feels that the Waterfront prbject is-, complimentary to the ocean front and urged the Commission to approve. Ron Shankman, 15682 Sunflower Lane, consultant to Driftwood- Mobilehome Park, requested that the letter from-Jon,Fleming---be--- entered into the record. He stated that negotiations on the relocation plan are extensive and urged immediate action be taken. There were no other persons present to speak for or against the environmental impact report and the public hearing was -closed: City Attorney informed -the Commission that a condition could be placed on the environmental impact report stating that if the relocation assistance plan fails that the.report would be null -"arid void. He suggested that a date certain not be-included-in'the condition. - PC Minutes - 6/8/88 -3- (0.977d) Traffic and circulation issues were discussed. It was suggested that prior to approval of each project phase that the Planning Commission determine the need to conduct further -traffic studies based on changed traffic or land use conditions. Some discussion occured regarding which phases to exclude from further traffic studies. Commissioners Slates and Silva felt,the studies completed were adequate for the first three phases. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY BOURGUIGNON, TO EXCLUDE PHASE I AND II FROM FURTHER TRAFFIC STUDIES, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, Ortega, Bourguignon NOES: Silva, Slates ABSENT: Higgins ABSTAIN: None STRAW VOTE MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO REQUIRE PLANNING COMMISSION DETERMINATION TO CONDUCT FURTHER PARKING STUDIES ON EACH PHASE OF THE PROJECT WITH CONSIDERATION OF THE PARKING RATIOS APPLIED TO PREVIOUS PHASES AND PERFORMANCE THEREOF, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO ADOPT AND CERTIFY AS ADEQUATE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 WITH FINDINGS BY ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS AND RESOLUTION NO. 1397 WITH MITIGATION MEASURES, AS AMENDED, AS CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED 1. Supplemental Environmental Impact completed in compliance with the Quality Act as amended June 1986, guidelines therefore. Report No. 82-2 has been California Environmental and all State and local I I. PC Minutes - 6/8/88 -4- (0977d) 2. Supplemental Environmental Impact Report No. 82-2 adequately addresses the potential environmental impacts that may be associated with the Waterfront project and is found to be certifiable. STATEMENT OF OVERRIDING CONSIDERATIONS - SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO, 82-2: 1. The economic and social benefits of the proposed Waterfront project outweigh the project's unavoidable adverse seismic, energy, aesthetic/view and cumulative air quality impacts. MITIGATION MEASURES 10 BE CONDITIONS OF APPROVAL - SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO, 82-2: Soils 1. The Waterfront project shall conform to mitigation measures included in the Downtown Specific Plan EIR 82-2. 2. Subject to approval by the Departments of Community Development and Public Works, the developer shall incorporate recommendations provided by Irvine Soils Engineering, Inc. (in their June 29, 1984 limited geotechnical investigation Job No. 2561-00, Log No. 4-6086) into project designs, plans and specifications for each phase of the overall project. . 3. Prior.to the issuance of grading permits for each project phase, a supplemental geotechnical investigation based on the specific proposed design shall be performed to confirm subsurface conditions (liquefaction hazard zones and ground- water levels), and provide supplemental recommendations, as appropriate, for final design of each structure and for the proposed residential development. 4. Design provisions such as pile foundation.systems shall be required to permit structures to withstand liquefaction without serious consequences. If significant liquefaction hazard zones are identified in the supplemental geotechnical investigation, the development plan shall be revised prior to issuance of building permits for each phase, to avoid these areas or the hazard shall be mitigated by densification of the liquefiable soil or other recognized techniques. 5. All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. 6. If verified as being required by a qualified soils engineer, existing fill materials and disturbed, loose soils shall be removed and replaced with competent material. For each phase, such reports shall be submitted to, and approved by, the City Engineer prior to issuance of grading permits. All site preparation, excavation, and earthwork compaction operations shall be performed under the observation and testing of soils engineer(s). PC Minutes - 6/8/88 -5- (0977d) On Site Wetlands 7. Subject to the -approval of the Coastal Commission, and as agreed upon by City staff and State Department of Fish and Game staff, the amount of wetland area that shall be mitigated for is .8 acres. t 3. To mitigate for the loss of the on -site wetlands, the applicant shall prepare a detailed restoration plan that complies with Coastal Act requirements and Department of Fish and Game criteria. Further discussions with the Coastal Commission, DFG, and U.S. Fish and Wildlife Service will be necessary to determine the most appropriate restoration site, the type of wetland to be restored, the monitoring plan, and other considerations. These issues shall be clarified prior to Coastal Commission review of a Coastal Development Permit for the affected phase of the project. 9. Full mitigation of the .8 acre site shall be completed prior to the subject wetland site being altered by the proposed project. No development permit for grading, construction or otherwise, shall be issued for the impacting phase until full mitigation has been accomplished. The mitigation measure(s) is subject to the approval of,the City, the California State Department of -Fish and Game and the California Coastal Commission. I ... The restoration plan shall generally state.when restoration work will commence and terminate, shall include detailed diagrams drawn to -scale showing any alteration to natural landforms, and shall 'include a list of plant species to be used, as well as.the method of plant introduction (i.e., seeding, natural succession, vegetative transplanting, etc.). This condition does not preclude fulfillment of the mitigation requirement through the payment of an in lieu fee, consistent with the Coastal Commission's adopted wetlands guidelines and the Huntington Beach Local Coastal Program. 10. Prior to the alteration•of the on -site wetland area, a coastal development permit shall be obtained from the California State Coastal Commission. 11. Subsequent to Coastal Commission and Regional Water Quality Control Board approval of an appropriate wetlands mitigation plan, and prior to the filling of the on -site wetland area, a 404 permit from the Corps of Engineers shall be obtained. 1 PC Minutes - 6/8/88 • -6- (0977d) Adjacent Wetlands 12. Prior to any alternation of the overall project site by grading or filling activity, a hydrological analysis of the drainage ,patterns affecting the on -site wetland area or adjacent wetland area shall be conducted by the developer. such analysis shall determine the drainage effects on the wetlands portion of the site. No develop- ment, grading or alteration of the project site shall occur which affects the wetlands or adjacent wetlands without fully analyzing the affects on the on -site wetland and adjacent wetlands. The developer shall provide evidence to the City and to the Department of Fish and Game that the project's runoff management system will deliver approximately the same amount of freshwater urban runoff to these wetlands as under existing conditions, and in approximately the same seasonal pattern. This evidence shall include (a) a hydrological analysis comparing the existing and post -project water supply, and (b) drawing s and a description of the runoff conveyance system in sufficient detail for a qualified engineer to judge its adequacy. The State Department of Fish and Game shall be consulted regarding alteration of the drainage pattern of the site which may affect the above -mentioned wetlands. The developer shall provide the Community Development Department with a written report subs- tantiating compliance with this mitigation measure prior to submittal of grading plans or permit issuance for each phase. 13. If the developer proposes to increase or decrease the water supply to the wetlands east of Beach Boulevard, or to change the seasonal pattern, the developer shall provide, in addition to the evidence required in mitigation measure #12, a biolo- gical analysis demonstrating that there would be no significant adverse impacts on the wetlands or associated wildlife. Land Use 14. 'The developer shall enhance the property fronting Pacific Coast Highway and Beach Boulevard with a graduated/meandering landscaped setback of not less than 25 feet for residential and 50 feet for commercial, from curbline, along the distance of the entire frontage. Such enhancements shall be depicted in the approved site plan for each commercial phase. The intent of this landscaped setback is to provide a visual and aesthetic buffer for the property to the east. Appropriate landscaping amenities shall be included, to the approval of the Planning Director. 15. Prior to the issuance of building permits for Phase I, the developer shall screen the mobile homes at Pacific Mobilehome. Park (at the western portion of the project site) by means of a six foot high block wall (the length of which to be determined by further acoustical study) on top of a one and one-half foot high berm. Substantial mature landscaping shall also be ', provided to the approval of the Planning Director. The purpose of this wall is for aesthetic screening and noise attenuation. PC Minutes - 6/8/88 -7- (0977d) 16. The developer shall complete the site plan review process established within the Conditional Use Permit -regulations to ensure compatibility with all elements of the-City's General Plan and the Local Coastal Program established by the Coastal Commission. n' Prior to the issuance of a Certificate of Occupancy for each phase of the commercial portion of the project, the developer shall provide a Transportation Systems Management Plan to the Community Development Director. At minimum, the plan shall include the following: (see items 17-23) 17. The provision of bus or shuttle services to regional activity centers within the County shall be provided to hotel visitors. 18. The provision of shuttle services to local activity centers, including Main Street and the City and State beaches, shall be provided to hotel visitors. 19. The provision of at -grade and elevated crosswalks to facilitate pedestrian access -to beach amenities. 20. Employee use of public transportation shall be promoted by selling bus passes on -site. 21. The provision of bus shelters, benches and bus pockets near the proposed project, subject to review -by the Orange.County Transportation District. 22. The provision of.monitored or gated security facilities at all project parking facilities to control use. 23. The provision of a southbound left turn lane at the intersection of Huntington Street/PCH to improve the flow of left turning traffic. Traffic/Circulation: 24. Prior to approval of each subsequent phase beginning with phase 3 of the project, the Planning Commission shall determine the need to conduct a traffic study. This determination will be made in consideration of original technical assumptions and changed traffic or land use conditions. If an additional study is required, the study shall include summer and non -summer peak hour conditions. The study shall be based on local conditions utilizing local statistics and recent traffic counts. The traffic analysis shall be used to determine if additional significant impacts exist which were not addressed in final SEIR 82-2. PC Minutes - 6/8/88 -8- (0977d) Parking: 25. Prior to approval -of each phase of(the project, the Planning Commission shall determine the need to conduct a parking study. This determination will be made in consideration of the parking ratios applied to previous phases and performance therof. . Air Quality 26. Dust suppression measures, such as regular watering and early paving of the road shall be implemented by the project proponent at each phase to reduce emissions during construction and grading. 27. All parking structures shall be ventilated, in conformance with the Uniform Building Code standards, to reduce vehicle emission levels within the facility. The ventilation plans shall be approved prior to issuance of building permits for each parking structure. 28. Prior to the issuance of Certificate's of Occupancy for each commercial development phase, a Transportation System Management (TSM) plan, as approved by the Planning Director, shall be implemented and shall include the following components: a. The provision of bus or shuttle services to regional activity centers within the County for hotel visitors. b. The provision of shuttle services to local activity centers including Main Street and the City and State beaches during the summer peak periods. c. The provision of at -grade crosswalks and elevated crossings to facilitate pedestrian access to beach amenities. d. A program to promote employee use of public transportation, including the sale of bus passes on -site. e. The provision of bus shelters, benches and bus pockets near the proposed project. Archaeology 29. For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall attend the pre -grade meeting with the contractor, developer and City representative to ensure cooperation for the paleontological monitoring. PC Minutes - 6/8/88 -9- (0977d) 30. For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall be retained to monitor grading to salvage any fossils exposed by construction activity. 31. For each development phase of -the project, if any archaeological or historical materials are found during grading or construction, all work shall cease immediately and a qualified archaeologist shall be contacted in order that the appropriate mitigation measures,can be taken. 32. For each development phase of the project, any fossils collected during grading of the Project shall.be curated with an appropriate museum facility. Flood 33. All phases of the project shall conform to mitigation measures specified In EIR 82-2. 34. The Federal Emergency Management Agency (FEMA) requires that developments within the Special Flood Hazard Zone elevate any habitable areas of, a dwelling unit to or above the expected level of flooding for a 100-year event. Non-residential habitable structures must be elevated or flood proofed to FEMA standards. The project shall comply with all mandated FEMA standards. Compliance shall be verified prior to the issuance of building permits for any phase of the project. 35. For each phase, positive surface gradients shall be provided adjacent -to all structures so as to direct surface water run-off and roof,,drainage away from foundations and slabs, toward suitable discharge facilities. Ponding of surface water shall not be allowed on pavements or adjacent to buildings. 36. Prior to the issuance of a grading permit for any phase, a grading plan shall be submitted to and approved by the Departments of Community Development and Public Works. Noise . The following measures shall be implemented unless noise analyses, performed by a registered acoustical engineer and approved by the Director of Community Development, determine that the construction of all or some of the following measures is not warranted. 37. Prior to the issuance of Certificate of Occupancy for each commercial phase, and subject to approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to existing and proposed residential properties along Walnut Avenue. Other sound attenuating design features subject to the approval of the Planning Director may be implemented in addition to the masonry wall. PC Minutes = 6/8/88 -10- (0977d) 38. Prior to the issuance of building permits for any residential phase, an acoustical assessment shall be conducted documenting that the proposed six foot sound walls are adequate to reduce noise levels to 65dBA or less in private outdoor living areas (i.e. patio areas) of -residence only. Additionally, the assessment shall identify the measures necessary to insure that indoor noise levels will be 45dBA or less, as required by the California Noise Insulation Standards. 39. Prior to the issuance of Certificate of Occupancy for each residential phase, and subject to the approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to proposed residential properties along Beach Boulevard. Other sound attenuating design features may be constructed subject to the approval of the Planning Director. 40. Prior to the issuance of building permits for any commercial phase, an acoustical study shall be prepared addressing the guest rooms in the hotel. The study shall identify all measures necessary to reduce noise levels in guest rooms to 45dBA or less per the California Noise Insulation Standards. Subject to the approval of the Planning Director, the recommended mitigation measures shall be incorporated into the project. 41. Prior to issuance of Certificate of Occupancy for each phase, a landscaped berm shall be constructed between the masonry wall and the curb edge for noise attenuation. 42. Sweeping operations within all of the parking structures shall be restricted to daytime hours, between 7:00 a.m. and 8:00 p.m., Monday through Saturday and 10:00 a.m. and 6:00 p.m. on Sundays. 43. A textured parking surface, such as asphalt or textured concrete, shall be used in all of the parking structure to reduce tire squeal. Compliance with this condition shall be verified prior to the issuance of the Certificate of Occupancy for each parking structure. 44. Design of the parking structure shall incorporate one of the following noise attenuation options: a. Enclose the parking structure's sidewall parallel to the residential area. b. Allow openings in the structure's sidewalls and place a masonry wall on the top level of the structure parallel to the residential areas. C. Incorporate other sound attenuating design features to the approval of the Planning Director. PC Minutes - 6/8/88 -11- (0977d) 45. For each development phase that includes a parking structure, a minimum 130 foot separation between the residential and parking structure uses shall be, maintained, or other sound attenuating design features may be incorporated to the approval of the P1-anni,ng Director. All approved building plans shall reflect the 130 foot separation. Light and Glare 46. All lighting fixtures in the commercial portion of the project shall be directed so as to prevent "spillage" onto adjacent residential uses. 47. The residential site plan shall be modified to move or reorient the six f units noted on pages 96 and 97 in the DSEIR as being affected by shadows for periods of more than four hours. Public Services and Utilities (A. Water) 48. The project shall conform to the City of Huntington Beach Water System - Design Criteria. In addition, separate water lines shall be installed for each phase providing a domestic/potable water supply.system and.a landscape watering supply system. Compliance with this requirement shall be verified prior to the issuance of building permits for each phase. 49. The following water conservation measures for the internal use of water shall• be included in the project: low flow shower heads and faucets; low flush toilets; insulation of hot water lines in water recirculating systems; compliance with water conservation provisions of the appropriate plumbing code; reduced water pressure. 50. The following water conservation measures for the external use of water shall be included in the project: conservation designs utilizing low water demand landscaping (Xeriscape); berming to retain runoff for irrigation; utilization of drip irrigation where feasible; and irrigating only during off peak hours (late evening).,•.Additionally, any water oriented amenity within the project shall be so designed as to be a self- contained natural or artificially filtered system which reuses water internal to the system. 51. Adequate water supply shall be provided to the site consistent with alternatives described,in a letter dated October 20, 1987, City of Huntington Beach (Appendix F), pursuant to the DDA. (B. Gas and Electrical Utilities) 52. Building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Adminis- trative Code. PC Minutes - 6/8/88 -12- (0977d) 53. The developer shall consult with the Southern California Gas Company during,the design phase to ensure efficient development and installation of natural gas facilities. Methods of energy conservation technigdes that shall be considered include: a. Energy efficient concepts in building layout, design and orientation, such as the use of solar water and space heating technologies. b. Comprehensive planning for landscaping to complement new structures and parking lots, thereby minimizing heating and cooling energy use. c. Walls, ceiling, floors, windows and hot water lines should be insulated to prevent heat loss or gain per Title 24 regulations. (C. Fire) 54. The project developer shall work closely with the City of Huntington Beach Fire Department to ensure that adequate fire safety precautions are implemented in the project. All site plans, floor plans and elevations for each phase are subject to the review of the Fire Department. 55. The project developer shall provide the full range of fire and life safety systems in all buildings as recommended by the City of Huntington Beach Fire Department. This provision will aid in reducing the potential manpower required in a major emergency. (D. Police) 56. The developer shall work closely with the police department to ensure that adequate security precautions are implemented in the project. The provision of adequate security precautions shall include construction phases of the project. Such security shall include construction fences and private security patrol. Police services to the development shall be enhanced through the provision of adequate street lighting, clearly marked street names and building numbers and security hardware. (E. Transit) 57. Site plans of the proposed project shall be forwarded to the OCTD as they become available for each phase. The plans will be reviewed in terms of their conformance to the OCTD Design Guidelines for _Bus Facilities. PC Minutes - 6/8/88 -13- (0977d) 58. In order to ensure accessibility and available transit service for employees and patrons of this development, the following transit amenities shall be incorporated in this project as "project betterments" and shall be the responsibility of the developer. These measures will also provide incentives for bus ridership and lessen impacts on air quality. Implementation of these measures shall be verified prior to the issuance of Certificate of Occupancy for each phase. a. The existing bus stops shall be preserved or upgraded, and bus turnouts provided, if determined by the City Traffic Engineer and OCTD to be necessary based on traffic volumes, speeds and roadway cross sections. b. Paved, handicapped accessible passenger waiting areas, including a bus shelter, shall be provided at each stop. c. If deemed necessary by the City Traffic Engineer and OCTD, the area adjacent to the turnouts must be able to accom- modate a passenger waiting area complete with a bus shelter and bench. d. A paved, lighted and handicapped accessible pedestrian accessway must be provided between each stop and the project buildings. (F. Oil Wells and Oil Product Pipeline) 59. The project proponent shall comply with the most current California State Division of Oil and Gas standards and requirements -for the reabandonment of the seven on -site wells. 60. If any abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial cementing operation may be required. If such damage occurs, the DOG's district office, shall be consulted. 61. Efforts shall be made to avoid building over any abandoned well. If construction over an abandoned well is unavoidable, a DOG approved gas venting system shall be placed over the well. The site plan and/or venting system shall be reviewed by the City's Fire Department. 62. If after consulting with the owner of the underground gas/oil line located on -site, it has been determined that a conflict between the project and the underground pipeline facility exists, the subject pipeline (Exhibit E, Addendum to Final SEIR 82-2) shall be relocated under the Pacific Coast Highway/Beach Boulevard right-of-way area, or under the public parking lot area along the west side of Beach Boulevard, or under the open space area in front of the proposed Waterfront project, whichever is most feasible. PC Minutes - 6/8/88 -14- (0977d) Socio-Economic Effects 63. A minimum of six months prior to the date that a specific phase of the park will be closed, all affected tenants shall receive a written notice advising them of the definite date of closure. If relocation assistance per the approved Relocation Assistance Plan has not been previously arranged with the affected tenants, the program shall be put into effect during this six month period. 64. Consistent with program 8.5.2.5 of the City's Housing Element of the General Plan, the applicant an/or City staff shall meet with the mobile home park tenants and coach owners to explain conversion process and relocation assistance. 65. Consistent with program 8.5.2.6 of the Housing Element, the City or Redevelopment Agency shall assist in relocation of persons affected by this redevelopment project. 66. The developer shall comply with all aspects of Article 927 of the Municipal Code, including an approved Relocation Assistance Plan which shall include a Mobilehome Acquisition and Relocation Benefits Agreement executed by the Redevelopment Agency, RLM Properties, Ltd., and the Driftwood Beach Club Mobile Homeowners Association, Inc. - the Mobile Home Overlay Zone, an ordinance enacted to require rezoning on change of use of a mobile home park to comply with certain requirements/ standards prior to initiating such a change in use (see Appendix for a provisions of Article 927). 67. Prior to closing any portion of the mobilehome park, the developer shall provide a relocation coordinator who will provide general relocation assistance to all tenants with special emphasis on assisting special needs groups identified in the SEIR. Availability of such a relocation assistance plan shall be to the approval of the City Council and shall be incorporated into the Relocation Assistance Program required by Article 927 of the Municipal Code. 68. Per the provisions stipulated in the approved Relocation Assistance Plan, the developer shall pay the cost of relocating a mobile home coach, when the age and condition of the coach allows feasible relocation. PC Minutes - 6/8/88 -15- (0977d) RESOLUTION NO. 1397 o A RESOLUTION OF THA PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 (SEIR„82-2) FOR THE WATERFRONT PROJECT TO BE LOCATED IN DISTRICTS 8B AND 9 OF THE DOWNTOWN.SPECIFIC PLAN WHEREAS, the Waterfront Master Plan and related entitle- ments, and Supplemental Environmental,Impact Report No. 82-2 have been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Supplemental Environmental Impact Report; and All persons and agencies wishing to respond to notice duly given have been heard by the Planning Commission either through written notice or during a public hearing on June 8, 1988, and such responses and comments as were made were duly noted and responded to, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach as follows: SECTION 1. The Planning Commission does hereby find that Supplemental Environmental Impact Report No. 82-2 has been completed in compliance with the California Environmental Quality Act and all state and local guidelines therefore. SECTION 2. The.Planning Commission has considered all significant effects detailed in Supplemental Environmental Impact Report No. 82-2, together with existing and proposed measures to mitigate such significant effects. (Exhibit A attached hereto.) SECTION 3. ;-.The Planning Commission further finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with the.Waterfront project can be eliminated or reduced to a level of insignificance. SECTION 4. The Planning Commission finds that the benefits accruing to the city, both economically and socially, by virtue of implementing the Downtown Specific Plan through the Waterfront Master Plan override the unmitigatable effects detailed in Supplemental Environmental Impact Report No. 82-2 and the attached statement of overriding considerations (Exhibit B attached hereto). SECTION 5. The Planning Commission of the City of Huntington Beach does hereby adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2 and recommends that the City Council adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting thereof held on the 8th day of June, 1988. PC Minutes - 6/8/88 -16- (0977d) C-2 IMPACT OF CONVERSION REPORT AND RELOCATION ASSISTANCE PLAN FOR DRIFTWOOD MOBILEHOME PARK APPLICANT: RLM PROPERTIES, LTD./HUNTINGTON BEACH REDEVELOPMENT AGENCY Article 927 (Mobilehome Overlay Zones/Removal/Rezoning/Change of Use) of the Huntington Beach Ordinance Code establishes requirements and procedures for the closure or rezoning of mobilehome parks. The Article requires that an Impact of Conversion Report be prepared by the applicant and approved by the Planning Commission. The Impact of Conversion Report is an informational tool which is used to assess the adequacy of a Relocation Assistance Plan which is also required by Article 927 to be submitted to and approved by the Planning Commission. 14 • Approve the Driftwood Mobilehome Park Impact of Conversion Report and Relocation Assistance Plan with findings and approve Resolution Nos. 1395 and 1396. THE PUBLIC HEARING WAS OPENED Norma Vander Molen, 9472 Mokihana, addressed her concerns regarding the area selected for relocation of Driftwood Mobilehome Park. After being informed that one location under consideration for a possible relocation site was Central Park she -said she hoped that public parks would not be turned into mobile home parks. Sheila Blanford, 21462 Pacific Coast Highway#258, stated she would not be eligible for relocation until Phase II (around May 1990) and addressed her concerns with high rises being developed all around her. She further stated that her coach was scheduled now for appraisal however would not receive any benefits until 1990 and felt that it was very unfair. She also expressed concern regarding the availability of spaces for relocation. She was informed that only 115 spaces were available for relocation and since there were many more than 115 to be relocated how would the selection process take place as to who gets relocated first. She added that she would like to see the original lease upheld (expiration in year 2013). Doug LaBelle, Community Development Director, explained that the relocation agreement would be set for 1988 and that an inflation factor would be built in to all appraisals based on statistics from Orange County Mobilehome parks. PC Minutes - 6/8/88 -17- (0977d) Mark Hodson, 80 Huntington Street (Pacific Mobilehome Park), stated that residents in Pacific Mobilehome Park would also be displaced. He requested that mitigations be discussed regarding his park. He expressed his concerns with the impacts that would follow after the realignment of Walnut Avenue. He urged the Commission to negate any approvals until an agreement had also been reached with Pacific Park. There were no other persons present to speak for or against the report/plan and the public hearing was closed. Discussion ensued regarding selection of tenants who are relocated, number of accommodations in relocation park, City -run mobilehome parks, and relocation of Pacific Park residents. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO GIVE THE SAME CONSIDERATION TO PACIFIC PARK RESIDENTS WHEN RELOCATED AFTER THE REALIGNMENT OF WALNUT AVENUE, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None p• • • A MOTION WAS MADE�BY SLATES, SECOND BY LEIPZIG, TO APPROVE THE DRIFTWOOD.MOBILEHOME PARK IMPACT OF CONVERSION.REPORT AND. RELOCATION ASSISTANCE -PLAN, AS MODIFIED, WITH FINDINGS AND ADDED CONDITION OF APPROVAL, AND APPROVE RESOLUTIONS NOS. 1395 AND 1396, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None , ABSENT: Higgins ABSTAIN: None. 1. The report adequately addresses.the date of manufacture and size of each mobilehome in the park. 2. The report adequately addresses the makeup of existing households, including family size, household income, length of residence, age of tenants, owner or renter, and primary or seasonal resident. 3. The report adequately addresses replacement availability, monthly rents, and coach acceptance criteria within forty (50) miles of the City. PC Minutes - 6/8/88 -18- (0977d) 4. The report was submitted within twelve (12) months of issuance of the Notice of Intent to Change Use. r 5. The report adequately meets the intent of Article 927 of the Huntington Beach Ordinance Code -for preparation of such report. FINDINGS FOR APPROVAL - DRIFTWOOD RELOCATION ASSISTANCE PLAN: 1. Section 9270.4 of the Huntington Beach Ordinance Code requires that a Relocation Assistance Plan be submitted by the applicant and be found to be adequate by the Planning Commission at a public hearing. 2. Section 9270.5(a) of the Huntington Beach Ordinance Code requires that all eligible mobilehome owners are entitled to receive the cost of relocating to another mobilehome park within 50 miles of the City. 3. Section 9270.5(b) of the Huntington Beach Ordinance Code provides that if a replacement space cannot be found, that the mobilehome and optional equipment be purchased by the applicant at the mobilehome owners original purchase price minus an amount determined by depreciating the price at a rate of 4.7 percent per year from the date of purchase to the date of park closure with a minimum buyout of $4,500. 4. Section 9270.5(d) of the Huntington Beach Ordinance Code provides that the applicant and mobilehome owner may mutually agree to modify the standards and methods of assistance. 5. The Driftwood Relocation assistance Plan proposes assistance which meets or exceeds the provisions of Sections 9270.5(a) and 9270.5(b) of the Huntington Beach Ordinance Code. 6. The Driftwood Relocation assistance Plan includes an option for development of a Relocation Park, and the option constitutes modification of the standards and methods of assistance as allowed by Section 9270.5(d) of the Huntington Beach Ordinance Code. 7. The Planning Commission has previously approved an Impact of Conversion Report for Driftwood Mobilehome Park as required by Section 9270.5(f) of the Huntington Beach Ordinance Code and 65863.7 of the Government Code. 8. Proper notice of intent to close the park was given by the applicant on May 15, 1987. 9. All requirements for public hearing on the Impact of Conversion Report and Relocation Assistance Plan have been adhered to. PC Minutes - 6/8/88 -19- (0977d) 10. The Driftwood Relocation Assistance Plan has been properly prepared, advertised, reviewed'at a public hearing and found to be adequate by the Planning Commission after comparing it against the standards for such plan as contained in Article 927 of the Huntington Beach Ordinance Code and approved by Resolution. CONDITION OF APPROVAL: 1. A Mobilehome Acquisition and Relocation Agreement must be approved by the City Council and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event that the above parties are unable to fianlize such a written agreement, The Waterfront project and all related approvals will'not go,forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to The Waterfront project. 'The Association and its members shall be entitled to participate fully at the rehearings without prejudice. RESOLUTION NO. 1395 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH,_APPROVING AS ADEQUATE THE DRIFTWOOD MOBILEHOME PARR IMPACT OF CONVERSION -REPORT WHEREAS, Section 9270.4(f) of the Huntington Beach Ordinance Code requires that prior to change to use of a mobilehome park that an "impact of conversion report" be submitted by the applicant and found to be adequate by'the Planning Commission at a public hearing; and An "impact of conversion report" has been prepared in accordance with the above -mentioned ordinance code section; and The "impact of conversion report" which has been prepared addresses the following items: (i) The date of the manufacture and size of each mobilehome in the park. (ii) The makeup of existing households, including family size, household income, length of residence, age of tenants, owner or renter, and primary or seasonal resident. (iii) Replacement space availability, monthly rents and coach acceptance criteria in mobilehome parks within fifty (50) miles of the City. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby approve the Driftwood Mobilehome Park Impact of Conversion Report. PC Minutes - 6/8/88 -20- (0977d) 1 RESOLUTION 1396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, APPROVING AS ADEQUATE THE DRIFTWOOD 11 MOBILEHOME PARK RELOCATION ASSISTANCE PLAN (EXHIBIT A) WHEREAS, Section 9270.4(g) of the Huntington Beach Ordinance Code requires that prior to change of use of a mobilehome park that a "relocation assistance plan" be submitted by the applicant and found to be adequate by the Planning Commission at a public hearing; and A "relocation assistance plan" (Exhibit A) has been prepared in accordance with the above mentioned code section; and The "relocation assistance plan" which has been prepared proposes the following forms of assistance: (1) Offer to purchase mobilehome from each tenant at its "in -park -value" as of November 1, 1986. (2) Offer each tenant the option to relocate his or her mobilehome to a new mobilehome park to be constructed by the Agency. (3) Offer each tenant the opportunity to relocate his or her mobilehome to any licensed park in California. (4) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. The purchase price will be discounted 10% or in the event that the housing is offered for rental, a discount of 10% off of the rental rate will be offered for the first year of rent. If the tenant does not accept one of the three alternatives outlined above, the following forms of assistance will be offered in accordance with Article 927. (1) Pay for the cost of disconnection and breakdown of the mobilehome, transportation of the mobilehome, and all readily movable aappurtenances and contents to a site that is located within 50 miles of the City of Huntington Beach and the cost of hook-ups at the new site; and (a) Reimburse mobilehome owner an amount eoual to 50% of the difference in one year's hour' costs up to $750.; and (b) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. PC Minutes - 6/8/88 -21- (0977d) RESOLUTION 1396 (Continued) (2) Purchase from the owner the mobilehome and all optional equipment and/or tag -a -longs and expando rooms at the owner's original purchase price depreciated at 4.7 percent per year as stipulated by Article 927 with a minimum buyout of $4,500., and pay up to $500 for moving expenses; and (a) Reimburse mobilehome owner an amount equal to 50% of. the difference in,one year's housing costs up .to $750.; and j b) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby approve the Driftwood mobilehome Park Relocation Assistance Plan. C-3 ZONE CHANGE NO, 87-7 APPLICANT: RLM PROPERTIES, LTD./HUNTINGTON BEACH REDEVELOPMENT AGENCY Zone Change No..87-7 is a request to change the zone from MH (Mobilehome) combined with Downtown Specific Plan Districts,8b (High Density Residential) and 9 (Commercial/Support Recreation) to Downtown Specific Plan -Districts 8b and 9. In 1982 the zoning on.Driftwood Mobilehome Park was changed from R5 (Office Professional) to MH (Mobilehome Park) in order to ensure the orderly transition to a new use if plans for phase out of the park were ever filed. In 1983, the Downtown Specific Plan was adopted. The Downtown Specific Plan retained the MH designation on the Driftwood site, but added Districts 8b (High Density Residential) and 9 (Commercial Support -Recreation) to the site in the form of an overlay. If the MH were ever removed from the site, then Distrticts 8b and 9 of the Downtown Specific Plan would function as the base zoning. ,STAFF RECOMMENDATION: Approve Zone Change No. 87-7 with findings and recommend adoption by the City COL:nci.l. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the zone change and the public hearing was closed. PC Minutes - 6/8/88 -22- (0977d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO APPROVE ZONE CHANGE NO. 87-7 WITH FINDINGS AND ADDED CONDITION OF APPROVAL AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None 1. The proposed zoning designations of Downtown Specific Plan Districts 8b and 9 are consistent with the Huntington Beach General Plan and all elements thereof. 2. Due to the provisions of the Driftwood Relocation Assistance Plan and the fact that the project will include a substantial number of residential units, the proposed zone change will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. 3. The property which is the subject of the proposed zone change would be more appropriately developed with the uses permitted under District 8b and 9 of the Downtown Specific Plan. 4. An "Impact of Conversion Report" has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Such findings were consistent with those required by Section 66427.4 of the California Government Code and Article 927 of the Huntington Beach Ordinance Code. 5. A relocation assistance plan has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. CONDITION OF APPROVAL: 1. A Mobilehome Acquisition and Relocation Agreement must be approved by the City Council and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event that the above parties are unable to fianlize such a written agreement, The Waterfront project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to The Waterfront project. The Association and its members shall be entitled to participate fully at the rehearings without prejudice. PC Minutes - 6/8/88 -23- (0977d) None 10 None ° F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS None H. COMMUNITY DEVELOPMENT ITEMS None I. ADJOURNMENT A MOTION WAS MADE�'AT 10:05 PM BY SLATES, SECOND BY SILVA, TO ADJOURN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, TUESDAY, JUNE 21, 1988, AND THEN TO A SPECIAL STUDY SESSION AT 5:30 PM, WEDNESDAY, JUNE 22, 1988, AND A SPECIAL MEETING AT 7:00 PM, WEDNESDAY, JUNE 22, 1988, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None laoy"Glm_ MINUTES APPROVED:- t 4A Mike Adams, Secretary Victor Leipzig, C man 1 PC Minutes - 6/8/88 -24- (0977d)