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HomeMy WebLinkAbout1988-11-07MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, November 7, 1988 The Deputy City Clerk opened the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach at 6 p.m. Due to a lack of a quorum the Deputy City Clerk called a recess of Council/Agency at 6 p.m. The meeting was reconvened at 6:50 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None (Redevelopoment Agency) CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency to order at 6:50 p.m. pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with H & 0 Oil Company., George Brayton, Jr. and Stephen Harris, President of South Coast Oil Corporation, for oil interests located between Second and Main Streets, Walnut Avenue and Pacific Coast Highway, these interests include the following wells: Debritton 1, 2 and 3 Edwards and Poole 1 located on APN 24-166-2 & 9, and 24=154-1, 2 & 9, as well as, leases, mineral rights, and well equipment; to give instructions to the Agency's negotiator regarding negotiations with Capro Oil Company - George Cather for oil interest located between Lake and Third Streets, Walnut Avenue and Pacific Coast Highway, these interests include the following wells: Ulrich 1, Wallace 1, Hunnicutt 2, and Sheffield located on APN 24-162-8, 17, 19, 20 & 25 and 24-166-3 & 10, as well as, leases, mineral rights, and well equipment and to give instructions to the Agency's negotiator regarding negotiations with Stuart W. Omuhundro, Trustee for the property located at 121 Fifth Street, between Pacific Coast Highway and Walnut Avenue, west of Fifth Street known as APN 024-152-06. ADJOURNMENT The Mayor/Chairman adjourned the adjoourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach. Connie Brockway Clerk of the Redevelopment Agency and City Clerk and exofficio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Connie Brockway City Clerk/Clerk. BY:, r � Deput ity Clerk/Deputy Clerk 1 I MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November 7, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. COUNCIL/AGENCY ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop #1851, Marilyn Thorp and Margaret Nerio, Co -leaders. The Pledge of Allegiance was led by Kara Dodge. The Invocation was given by Diane Dereszyski. Dan Northcutt, Vocalist pre- sented his rendition of "God Bless the U.S.A." PRESENTATION - $5,000 CHECK PRESENTED BY HUNTINGTON BEACH ROTARY CLUB FOR CHILDREN'S LIBRARY WING CONSTRUCTION FUND Mayor Erskine and Library Director Hayden accepted a $5000 check from Frank Zellner and Warren Lortie, Huntington Beach Rotary Club, for the Children's Library Wing Construction Fund. PRESENTATION - COMMEMORATIVE PLAQUES FOR DEDICATED SERVICE - HUNTINGTON BEACH ENVIRONMENTAL BOARD - SOUCEY DOE/ALBRIGHT Mayor Erskine presented commemorative plaques to outgoing members, Cynthia Soucey Doe (1980-1988) and Dean Albright (1975-1988) in honor of dedicated service to the Huntington Beach Environmental Board . PUBLIC COMMENTS Gary Mulligan and Ann Mase addressed Council and spoke in support of the proposed downtown parking structure. Paul Burnum, representing the Happy Days Yogurt business, and Skip Villeroy spoke in support of the proposed downtown parking structure. Mr. Burnum pre- sented an informal petition with approximately 38 signatures in opposition to the Historical Society's proposal to designate the Clark Hotel as a historical landmark. Page 2 - Council/Agency Minutes - 11/7/88 Sally Graham addressed Council regarding her concerns on the Meadowlark Airport developers agreement.. Barbara Milkovich, Judy Liebeck, Carolyn Landon, Jerry Person, and Arline Howard addressed Council and spoke in support of preserving the Bowen buildings located within the proposed Pacific Coast Homes project near the Civic Center. Various uses for the Bowen buildings were suggested as an alternative to demolition. George Arnold addressed Council and spoke in opposition of the proposed lease between the City and the Huntington Beach International Surfing Museum. He stated the 45-day limitation on political signs was not being enforced. Doug Langevin addressed Council ,regarding his concern for the architecture used in restoration of the Huntington Beach historical district. He stated his desire for the preservation of the uniqueness of Huntington Beach. Barry Brush implored citizens to vote. He thanked Jack Kelly for his work as a member of the City Council. Teresa Reynolds expressed her appreciation to Council for saving the structure located at 411 Olive. Norma Van der Molen, Community Services Commission member, suggested that the Community Services Commission work with the Historical Board to keep the his- torical buildings part of the park system. Natalie Kotsch spoke in support of the proposed surf museum and property lease i of 411 Olive Street. Tom Pratte, representing the Surfrider Foundation, spoke in support of pre- serving existing beach recreational uses and maintaining a healthy marine environment. He spoke in opposition of construction of a harbor entrance through the state beach. Patricia Hochschild, representing ONPAC, distributed to Council an informal petition listing approximately 38 signatures recommending amendments pertain- ing to the closure of Meadowlark Airport by September 1, 1989. Dean Albright stated his concern regarding what he believed to be a trend toward intensive development in the city. Bob Biddle spoke in opposition to the use of acquisition of property by eminent domain. He spoke in favor of keeping a small town ambience. Mark Browning spoke regarding the Meadowlark Specific Plan. He requested that residents in the neighborhood be given any informational updates from Council. Bob Hopkins, attorney for the Nerio family, spoke regarding the document con- cerning airport closure in exchange for long-term development rights under the Meadowlark Specific Plan. Page 3 - Council/Agency Minutes - 11/7/88 CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Winchell requested the item pertaining to the Bluff Top Landscape Improvements be removed from the,' Consent Calendar for separate consideration. The City Administrator requested the item pertaining to the Ascon Review Consultant be deleted from the agenda. Councilwoman Winchell requested the item pertaining to the Lease Agreement for the Huntington Beach International Surfing Foundation for property 1ocated at 411 Olive Street be removed for separate consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Mays, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) NOTICE OF COMPLETION - APPROVED - RECONSTRUCTION & RESURFACING OF ADAMS AVENUE - CC-702 - SULLY -MILLER CONTRACTING CO - Accepted improve- ments on the reconstruction and resurfacing including landscaped medians of Adams Avenue between Newland Street and Magnolia Avenue completed by Sully Miller Contracting Company in the amount of $297,439.83 and authorized the City Clerk to file a Notice of Completion. (City Council) HUMAN RESOURCES BOARD REAPPOINTMENTS APPROVED CHEN/ANDRADE/HAYNES/TONNSEND/VOIGHT - APPOINTMENT OF LUIZZI APPROVED - Approved the following reappointments to the Human Resources Board: Dr. Tom Chen, Fran Andrade, Dr. Phil Haynes, Jim Townsend, Tanya Voight and approved the appointment of Connie Luizzi as the Huntington Beach Union High School District representative. (City Council) MAGNOLIA STREET PAVEMENT REPAIR - APPROVED - ASPHALT OVERLAY - CC-733 - CORRECTED TOTAL CONTRACT COST - R J NOBLE - Approved the corrected total contract cost of $129,352:60 payable to R. J. Noble Company for work on the Magnolia Street. pavement repair project. (City Council) APPOINTMENT TO MAIN -PIER PROJECT AREA COMMITTEE - APPROVED - GEORGE VILLEROT - Approved the appointment of George E. Villerot to the Main -Pier Project Area Committee. (City Council) CENTRAL LIBRARY EXPANSION - APPROVED - CAPITAL FUND PLANNING STUDY - BRAKELEY JOHN PRICE JONES INC - CC-740 - Approved and authorized execution of an agreement between the City and Brakeley, John Price Jones, Inc., for the Central Library Expansion Project Capital Fund Planning Study for a fee not to exceed $22,70;0 and authorized the Director of Finance -to transfer $2,700 from Acct. A296 (Fund Balance Revenue for Library) to offset existing shortfall in funding. +"may y1, y Page 4 - Council/Agency Minutes - 11/7/88 (City Council) FINAL TRACT MAP 13821 - APPROVED - PORTION OF TENTATIVE TRACT 13527 - SUBDIVISION AGREEMENT - APPROVED - PACIFIC COAST HOMES - SOUTHEAST OF CURRENT TERMINUS OF SEAPOINTE AVE - Approved Final Tract Map 13821, being a j portion of Tentative Tract 13527,.pursuant to the mandatory findings set forth j in Sections 66458 and 66474 of the Government Code, accepted offer of dedica- tion and improvement subject to completion of requirements stipulated, on property located on the southeast of current terminus of Seapointe Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being' substantially in accordance with the tenta- tive map as filed with, amended and approved by the Planning Commission. Acreage: 34.593; Lots: 138 lots and lots A & B, Developer: Pacific Coast Homes, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; the Park and Recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation of the final map. Drainage for the sub- division shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map, and further accepted Monument Bond No. 111-32539997; Faithful Performance Bond No. 111-32540003, Labor and Material Bond No. 111-32540003, and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. (City Council) SALES TAX AUDIT - AGREEMENT APPROVED - RESOLUTION NO 5945 - ADOPTED - HINDERLITER, de LAMAS & ASSOC - Approved and authorized execution of the agreement between the City of Huntington Beach and Hinderliter, de Lamas and Associates for Sales Tax Audit for a fee of $12,000 plus 15% of new revenues recovered in the first eight quarters, and; adopted Resolution No. 5945 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OFFICIALS AND HINDERLITER DE LAMAS & ASSOCIATES ACCESS TO SALES AND USE TAX RECORDS, PURSUANT TO SECTION 7056 OF THE REVENUE AND TAXATION CODE." (City Council) ORANGE COUNTY VECTOR CONTROL DISTRICT REDEVELOPMENT PROJECTS POLICY - APPROVED - Authorized the Mayor to send a letter to the Orange County Vector Control District apposing the proposed policy of requiring a 2% pass through (any part of the increased tax revenue after a redevelopment pro- ject area is adopted) unless a,� specific redevelopment project will clearly increase costs to the District. (City Council) REFINANCE LOAN ON TERRY BUICK AGENCY PROPERTY - APPROVED - HUNTINGTON NATIONAL BANK -. Approved the refinancing of Terry Buick Agency property by Huntington National 'Bank and authorized the Mayor and City Clerk to execute the commitment letter, trust deed and note dated October 20, 1988. 101 Page 5 - Council/Agency Minutes - 11/7/88 (City Council) BLUFF TOP LANDSCAPE IMPROVEMENTS - APPROVED - PHASE IV - CC-722 - PLANS & SPECIFICATIONS &AL.L FOR BIDS The City Clerk presented a communication from the Director of Public Works to approve plans and specifications and authorize the call for bids for the con- struction of landscape improvements along the ocean side of Pacific Coast Highway, north of Goldenwest Street and authorize the advertisement for bids. The City Administrator presented a staff report. Later in the meeting, after staff assembled wall maps, Council continued consideration of this item. Staff presented a further report including parking considerations. Following discussion, a motion was made by Kelly, seconded Mays, to approve plans and specifications and to. authorize the call for bids for the con- struction.of landscape improvements along the ocean side of Pacific Coast Highway, north of Goldenwest Street and to authorize the advertisement for bids. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) ASCON REVIEW CONSULTANT - DELETED FROM AGENDA The item pertaining to the hiring of an independent consultant to review the work on the Ascon site located at Magnolia Avenue and Hamilton Avenue was removed from the Agenda at the request of the City Administrator. (City Council) LEASE AGREEMENT - APPROVED - HUNTINGTON BEACH INTERNATIONAL SURFING FOUNDATION - 411 OLIVE STREET The City Clerk presented a communication from the Deputy City Administrator/Administrative Services regarding a lease agreement between the City and the Huntington Beach International Surfing Museum for the lease of property located at 411 Olive Street. Following discussion, a motion 'was made by Winchell, seconded by Green, to approve and authorize execution;of a lease agreement between the City and the Huntington Beach International Surfing Museum for the lease of property (AP # 0241-147-01) Lots 26 & 28, Block 204, as a surfing museum until such time as the Redevelopment Agency finds a more appropriate use for said pro- perty or until the Surfing Mu'seum is relocated to its permanent location adjacent to the Municipal Pier;. any alterations to the building to be done according to the guidelines of the Department of the Interior. The motion carried by the following roll.call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None ' 4 �' Page 6 - Council/Agency Minutes - 11/7/88 (City Council) APPROVED FORMATION OF BOLSA CHICA PLANNING COALITION - PURPOSE DEFINED - ERSKINE/GREEN APPOINTED WITH WINCHELL/BANNISTER ALTERNATES The City Clerk presented a communi.cation from the City Administrator regarding the need to form a Planning Committee to develop an alternative land use plan which can be approved by the City Council and the Board of Supervisors. The City Administrator presented a staff report. Following discussion, a motion was made by Winchell, seconded by Green, to form a Bolsa Chica Planning Coalition to consist of representatives of the City Council, city staff, the Board of Supervisors, County staff, Senator Bergeson's office, Signal Landmark, Inc., Amigos de Bolsa Chica, Coastal Commission, Department of Fish & Game, and State Lands Commission, whose pri- mary function is to explore alternatives other than those that have a naviga- ble cut to the sea, and to appoint two members of the City Council to the Planning Coalition. The motion carried by the following roll call vote: AYES: Green, Finley, Mays, Winchell NOES: Erskine, Kelly, Bannister ABSENT: None Councilwoman Winchell stated that the action did not exclude discussion of the other, but their primary purpose would be to focus on something that is acceptable or that can work that does not have a navigable cut to the sea. By consensus of Council, Mayor Erskine and Councilman Green were appointed to the Bolsa Chica Planning Coalition, with Councilmembers Winchell and Bannister to serve as alternates. Councilman Kelly left the room. (City Council/Redevelopment Agency) APPROVED PROPOSED USE OF FUNDS - BOND PROCEEDS FROM HB PUBLIC FINANCING AUTHORITY - HUNTINGTON CENTER/MAIN-PIER/ OAKVIEW/TALBERT - BEACH The City Clerk presented a communication from the Deputy City Administrator transmitting a proposal for the Agency's allocation of $14,869,125 of bond proceeds received from the Huntington Beach Public Financing Authority. Bob Franz, Deputy City Admini.strator/Administrative Services, presented a staff report. A motion was made by Mays, seconded by Green, to approve the proposed use of funds as shown on Exhibit I of the RCA from the Deputy City Administrator/ Administrative Services dated October 14, 1988 and to direct the preparation of Amendments to the following operating agreements: Huntington Center, Main -Pier, Oakview, Talbert -Beach. The motion carried by the following roll call vote: AYES: Green, NOES: None ABSENT: Kelly Finley, Erskine, Mays, Winchell, Bannister (out of the room) Page 7 — Council/Agency Minutes — 11/7/88 Councilman Kelly returned to the room. (Redevelopment Agency) PROPERTY ACQUISITION APPROVED — 121 FIFTH STREET — OMUHUNDRO PROPERTY (SURF MOVIE THEATRE) A motion was made by Kelly, seconded by Erskine, to make a determination that the need to take action on the issue regarding the acquisition of Omuhundr•o property located at 121 Fifth Street arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: None ABSTAIN: Bannister ABSENT: None 'The Deputy City Administrator/Economic Development presented a staff report. A motion was made by Kelly, seconded by Green, to proceed with escrow and pur— chase property located at 121 :'Fifth Street, APN 024-152-06. The motion carried with the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: None ABSTAIN: Bannister ABSENT: None (City Council) PUBLIC HEARING — ORD NO 2971 — INTRODUCTION APPROVED — ZONE CHANGE 88-14A — APPROVED WITH FINDINGS AS AMENDED — PACIFIC COAST HOMES — ZONE CHANGE 88-14B — APPROVED — CIIY OF HUNTINGTON BEACH & NEGATIVE DECLARATION 88-25 — APPROVED — REPORT RE: LEFT TURNS REOUESTED The Mayor announced that this was the day and hour set for a public hearing continued open from October 24,;` 1988 to consider Zone Change 88-14A & B and Negative Declaration 88-25 as follows: Zone Change 88-14A: Applicant: Pacific Coast Homes Location: Blocks 422, 522, and 622 of Huntington Beach Tract, Seventeenth Street Section, bounded by Goldenwest Street, Palm Avenue, Twenty —Second Street., and Orange Avenue. Proposal: To rezone three blocks,presently zoned R2 and R3 to Townlot Specific Plan Section A. Zone Change No. 88-148: Applicant: City of Huntington Beach Location: Blocks 222, 322 of Huntington Beach Tract, Seventeenth Street Section, bounded by Goldenwest Street, Orange Avenue, Twenty—second Street and,-.'..' Walnut Avenue Page 8 -. Council/Agency Minutes - 11/7/88 Proposal: To rezone two blocks presently zoned R3 and R4 to Townlot Specific Plan Section A. f Environmental Status: These projects are covered by Negative Declaration No. 88-25 which will also be considered by Council. ) The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Scott Hess, Senior Planner; presented a staff report. Glen Cardoza stated that he was a partner in the project and requested that Council approve Zone Change 88-14A. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Mays, second Winchell, Council approved Negative Declaration 88-25 by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The City Clerk presented Ordinance No. 2971 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM MEDIUM DENSITY RESIDENTIAL, MEDIUM HIGH DENSITY RESIDENTIAL TO TOWNLOT SPECIFIC PLAN SECTION 'A', ON REAL PROPERTY GENERALLY LOCATED ON EIGHT ACRES BETWEEN GOLDENWEST STREET,PALM AVENUE, TWENTY-SECOND STREET AND WALNUT AVENUE (ZONE CHANGE 88-14)." Following discussion, a motion was made by Kelly, seconded by Mays, to approve Zone Change 88-14A and B, with findings as amended, and to approve introduc- tion of Ordinance No. 2971, after reading by title, to include direction to the staff to include a condition that the landscaping treatment along Golden west return to the Design Review Board along with the required landscape plans on the other side of the fence. The findings are as follows: (1.) The pro- posed zone change to Townlot Specific Plan will not be detrimental to the general welfare of persons residing or working in the vicinity, nor to property and improvements in the vicinity; (2.) The proposed zone change to Townlot Specific Plan is consistent with the goals and objectives of the City's General Plan and Land Use Map; (3.) The proposed zone change will be compatible with adjacent properties, because it will allow for reduced resi- dential densities in line with `the Townlot Area. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 9 -.Council/Agency Minutes - 11/7/88 rI LI A motion -was made -by Bannister, seconded by Erskine. -to study the issue of cut-de-sacing -of streets north of Orange Avenue and return""a• report to. Council. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Bannister NOES: Finley, Winchell ABSENT: None Councilwoman Winchell requested staff. to analyze what would have on the traffic flow. effect.=noleft turns The Mayor announced that this was the day and hour set for a decision on a closed public hearing held October 24, 1988 filed by Pacific Coast -Homes to consider Tentative Tract No. 13569 for the 86 lot subdivision, a triangular shaped area immediately south of the Civic Center generally bounded by Utica` to .the south, Seventeenth Street to the northwest, Yorktown Avenue to the north and 170 feet.to the east of Lake Street. At the October 24, 1988 public hearing, the City Council approved Negative Declaration No. 88-20, General Plan Conformance No. 88-6 and Zone Change No. 88-1.3 (Ordinance No. 2973B) to rezone 11 acres of the- subjectIr-ea from RI-O-CD (Low Density Residential) to (Q) OTSP#2-CD (Qualified Oldtown Specific Plan District 2 combined with Civic District) with conditions. , Scott Hess, Senior Planner, presented a staff report. Following. discussion, a motion was made by Mays, seconded by Erskine, . to approve Tentative Tract 13569 with findings and conditions of approval (Attachment No. 1) as set forth in the RCA dated November 7, 1988, to accept applicant's request for withdrawal of Conditional Exception No. 88-34.for the extended cul-de-sac; and to accept applicant's request for withdrawal. of Use Permit 88-32 for reduced side yard setbacks. The findings and conditions are as follows: Findings for Approval- Tentative Tract No. 13569: 1. The size, depth, frontage, street width, and other design features of the proposed 86 lot subdivision for single family residential purposes and alley vacation are in compliance with the standard plans and specifica- tions on file with the City as well as in compliance wi th�' the. State Map Act and the supplemental City Subdivision Ordinance. a� 2. The property was previously studied for this intensity of land use at the time the land use designation was placed on the subject property. 3. The General Plan has. set forth provisions for this. type of land -use as well as setting forth objectives for the implementation of this type of .housing,. 4. The site is relatively flat and. physically suitable for the proposed density of 5.4 units per gross acre. „ a Page.10 - Council/Agency Minutes - 11/7/88 5.. The tentative tract is -consistent with the goals and policies of .the. Huntington 6each..General Plan and Yorktown-Lake.Redevelopment Plan. 6. . The tentative tract boundary is consistent with the Civic Center Master Planboundaries established by the City Council. Conditions`of Aporoval Tentative`Tract No. 13569:.,:: 1.. The Tentative Tract Map. No. 13569 dated September S. 1988, shall: be revised to show; . a. Corrected right-of-way radius along Lake Street'. b,. A : two: foot, public utility easement in the Park and Pi ne Street cross sections. C, 'Relocation. of sewer line Shown on lot to Pine'Street or change .in property line. do The: parcels `shall be minimum 40 feet in width, except those parcels on the east side.of Lake.Street shall The minimum 39 feet in width.. e". Reflect circulation alternativt4l layout. f. Shift Park Street 8 feet westerly and Pine Street easterly 5 feet. g. Park Street and. Pine Street shall remain open and not cul-de-saced. .:h. Indicate future. 24'.foot wide east -west .'alIey to connect eastside . alley to Lake Street within consolidated parcel (lots 65-70) to be reviewed.and approved by Public Works and Community Development Departments. 1. Depict _ minimum 22' .building setback restriction from westerly boundary of.20',wide alleyway east of and paral I el' wi th Lake Street.. : J., Consolidate proposed parcels.65 through 70<into'one parcel. Z. A copy of the Fi nal Map refl ecti ng' al t changes out:l i ned : herei n steal l` be submitted for the' file. 3.: Water: mai n systems` shall be` i nstalled in the streets' as 'requi red by the Water. Division (including. 1 oopi ng the 12 inch main from 'Pi he Street, to Lake Street). Existing. water mains. within :the' tract boundary shall be replaced. if.,required.by the Water t Division. 4. Hydrology and hydraulic analyses shall be conducted.' If .inadequacies are : found in the Utica Street storm drain, the developer shall. construct :remedial facilities as approved : by the Publ i c; Wor4 Department. .' 5. , The grading, plan and . soil s report shall be approved . by the Publ it Works: Department.- ;. 6;. Sewer.' faci 1 i ti es. shall be constructed per ' Publ i c Works ' standard. Page 11 - Council/Agency Minutes - 11/7188 7. All utilities to be abandoned or removed, either private;or public, shall be per the owners' requirements. 8. 24" box eucalyptus ficifolia shall be planted in the Lake Street parkway as required by the Landscape Division. 9. The perimeter of the Civic Center adjacent to the tract shall be buffered with landscaping per the Landscape Division, Community Redevelopment, Department of Design Review Board (Lots 1 through 8). 10. Civic Center landscaping and irrigation system disrupted by the tract construction shall be revised and restored per Landscape Division requirements. 11. Landscaping within public right-of-way shall be maintained by the home- owners. The 5 foot wide sideyard landscaping in public right-of-way shall, be properly irrigated and planted per Public Works Department requirements. 12. Retaining walls required adjacent to the Civic Center shall match the existing walls in material and color. 13. The wheel chai r/pedestrian access shall be maintained from Park Street to the Council Chambers. 14. The developer shall contribute 25% of the estimated traffic signal cost at Lake Street and Yorktown Avenue prior to final inspection of.,the first completed dwelling unit. 15. All streets and alleys within the . project site shall be fully improved as indicated on the tentative tract map. 16. Complete the street improvements on the west side of Lake Street from the tract boundary to Yorktown Avenue. 17. Complete the Utica Street improvements from the westerly tract boundary to Main Street, including the. removal of Seventeenth Street improvements and replacement with landscaping, and modifications to the signal system (if necessary) and channelization. 18. Vehicular access rights shall be dedicated to the City. 19. Drive entrance to Civic Center parking from Park Street shall be con- structed concurrently with public improvements within the tract. 20. Police Department access to Park Street/Utica Street shall be constructed concurrently with public improvements within the tract. 21. The remaining portion of Seventeenth Street including the parking area shall be constructed per Public'Works Standards concurrently with public improvements within the tract. 22. All utility services to the Civic Center shall be maintained, and recon- structed if disrupted by the tract reconstruction. Page 12 - Council/Agency Minutes - 1117/88 23. Tentative Tract No. 13569 shall not be considered approved until Zone Change No. 88-13 has been approved by the City Council and in effect, and a resolution approving the land exchange has been adopted by the City Council. The followingconditions pertain to development of'the site. 24. The site plan, floor plans and elevations received and dated September 12, 1988, shall be the approved. .25. Prior to issuance of building permits, the applicant shall submit and/or complete the following: a. A detailed landscape and irrigation plan to the Department of Community Development and Public Works for review and compliance:"' Said plan shall include the specie of each 36-inch box tree required. for each lot. Any existing mature trees on site shall be retained and incorporated into the site plan to the maximum extent feasible, except those. in .the public right-of-way or in locations. identified for construction. Any existing mature tree that must be removed shall be replaced at a 2:1 ratio with 36-inch box trees on the 86 lots,. plus an additional 20 24-inch box eucalyptus being provided along Lake Street which shall be incorporated into the project's `applicant landscape plan. The shall provide additional trees per Public Works standards to 'meet the 2:1 ratio required. A 36 inch box tree shall be planted in the front yard of each :lot and in the exterior side yard of each corner lot. b. Fencing plans proposed adjacent to Civic Center shall be submitted to the Design Review Board for review and approval and colors to J match existing Civic Center walls. c. Construction of a seven (7) foot high sound . wall along the side of Lot 65 and Yorktown. d. Redesign of the structure on Lot 8 so that there are not usable out- side areas facing north, or relocation of the police access road to the west side of Lots 1 to 8, and construction of an eight (8) foot sound wall. e. Special' glazing shall be provided on Lot 65 rate STC - 29; and on Lot 8, rated STC - 35. f. Air conditioning shall be provided for all dwellings along Yorktown, Lake, Utica, Main and the police access road. g. The. applicant shall construct a block wall and provide landscaping between the proposed City parking lot and Seventeenth Street.and between the parking lot and Lake Street at a height which wi11 deflect vehicle head.ligh't glare. h., :Payment of.all applicable Public Works fees. i. Three site plans shall be submitted to the Planning Division for address.ing purposes. Page 13 -Council/Agency Minutes - 11/7/88 j A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties,' foundations, re- taining walls, streets, and utilities. k. Provide an outdoor overhead light installed on each garage to illum- inate the alley to promote safe access from garage to residence. All lighting included on private property or in the public right-of- way shall use energy efficient lamps (e.g., high pressure sodium vapor, metal :halide) and a.11 outside lighting shall be directed to prevent "spillage"onto adjacent properties. 1. The northerly portion of the tract lies within the Alquist-Priolo study zone. Any area which was not investigated for evidence of faulting in the preliminary geotechnical investigation must be investigated prior to issuance of any permits. Evidence of faulting will require the affected lots of the project to be re -reviewed by the Planning Commission. The completed geotechnical report, includ- ing recommendations for the acceleration to, be. used for designing the structures on the site, or a statement that the adopted Uniform Building Code is. adequate for the seismic design of the structures on the, site, shall be submitted to the Public Works Department. The Public Works Department will obtain an independent analysis of the completed geologic report. The cost of this analysis will be paid by the applicant: When the report has been amended to the satisfac- tion:of the Public Works Department, the City will .file the report. with the State Geologist. Construction drawings along with calcula- tions and the approved geologic report shall be submitted to the Department of .Community Development to complete the permit plan review. M. An engineering geologist shall .be engaged to submit a report indi- cating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings, and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. n. The structures on the subject property, whether attached or de- tached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of :the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering., with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. o. With,the approval of the Public Works Department, foundations and grading for the project shall meet the following requirements: 1) Structures may be supported on spread or continuous footings provided that the slabs are supported on compacted fill (reworked Page 14 - Council/Agency Minutes - 11/7/88 in -situ and imported material; 2) Slabs -on -grade may be used, provided that the slabs are supported on imported granular material; 3).Type II cement, or an approved alternate, is required for con- crete in contact with soil; 4) All earthwork, construction and foundation excavations must be observed by a qualified, licensed engineer; 5) The soils engineer shall review final foundation plans. p. The',floor plans shall reflect outlets for natural gas and 220V electrical at the location of clothes dryers, natural gas outlets at the locations of cooking facilities, water heaters,, and central heating units.,,and low volume heads shall be used on all showers. If foil=type insulation is to be used, a fire retardant type shall _bet,*in.stalled ,as approved by the Building Department. .r. Prior 1:6;,issuance of building permits, an interim parking plan shall be•submiftt;ed to assure adequate parking. availability of 88 spaces for civic ,-:center employees, customers, contractors, etc. during the project's 'construction phase of Seventeenth Street (Park Street extension). s. Final Tract .,Map No. 13569 shall be accepted by City Council. It''.. shall be recorded with the County Recorder's office prior to final nspe�ctlo� for. the first unit. 26 Proposed lots, numbered 65. through 70 shal be combined into one lot. PriRrr u ;to ktee xl'teration of the historical bi l di ng structures or addi- tyoclal svbdn of._the subject property, an',•EIR shall be prepared. 4 27. Single family residential development of each lot shall conform to all provisions of the Huntington Beach Ordinance Code and to all provisions of the Municipal Code, Uniform Building Code and Fire Codes. 28. Fire Department requirements are as follows: a. Fire hydrants shall be installed within 300 feet of travel of all buildings. b. . All street improvements and fire hydrants. shall be installed prior to combustible construction. C. All oil operations shall be abandoned pursuant to Division of Oil and Gas and Huntington Beach Oil Code requirements. 29. Prior to the issuance of a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 30 Prior"'to establishment of 'an on -site model complex and/or sales office, the. developer shall receive approval from the Zoning Administrator. 31. All building spoils, such as unusable lumber, wire, pipe, and other sur- plus or unusable material, shall be disposed of at an offsite facility equipped to handle them. L Page 15 - Council/Agency Minutes - 11/7/88 32. During cleaning, grading, earth moving or excavation, the applicant shall control fugitive dust by regular watering, paving cos ruction roads, or other dust preventive measures, and maintain equipment engined in proper tune. - 33. During construction, the applicant shall use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; wet down areas in the late morning and after work is completed for the.day; use low sulfur fuel (.05% by weight). for construction equipment; phase and schedule construction activities to avoid high ozone days; and discontinue construction during second stage smog alerts. 34. Construction shall be limited to Monday through Saturday from 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 35. Any traffic impact fee or other growth management measure adopted prior to issuance of building permits shall. be applicable. 36. Any walls and/or landscaping proposed for Lots 8, subject. Design Review Board approval. The motion carried by the following roll call vote: AYES: Kelly, Erskine, Mays, Winchell, Bannister NOES: Green, Finley ABSENT: None 9, & 32 shall be -%%oI L] %AJUIII, I 1 / .FUL L-L%, n[.nnJLIIU — n1LJVL_U I AVII Iw U7`tV — nLNr i LU — nVWaaA i IVR Ur n AP #159-131-116 The Mayor announced that this was the day and hour set for a public hearing continued open from October 24, 1988 to consider the adoption of Resolution No. 5940 authorizing acquisition of property by eminent domain commonly known as Recreation Lot A, Commodore Circle (AP #159-131-116). The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. This was a noticed hearing and only those property owners, or their represen- tatives, who have filed a timely request with the City Clerk would be allowed to speak. Doug La Belle, Deputy City Administrator/Economic Development, presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Page 16 - Council/Agency Minutes - 11/7/88 Ott A ` The .City Clerk presented Res. No. 5940 for Council RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF HUNTINGTON ' THE PUBLIC INTEREST AND,, NECESSITY REQUIRE ACQUISITION OF IN THE CITY OF HUNTINGTON BEACH FOR• PUBLIC PURPOSES, ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN COMMONLY LOT A, COMMODORE CIRCLE.(PARCEL NO. 159-131-16)." consideration - "A } BEACH DECLARING THAT CERTAIN REAL PROPERTY AND AUTHORIZING THE i KNOWN AS RECREATION Resolution No. 5940 sets forth that the public interest and necessity require the proposed project; the proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least pri- vate injury, and the property described is necessary for the proposed project. On motion by Kelly, second by Mays, Council adopted Resolution No. 5940 by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Redevelo me ent__`Aaency) PUBLIC HEARING - RESOLUTION NO 161- CONTINUED TO 11/21/88 - ACQUISITION OF PROPERTY BY EMININENT DOMAIN H & 0 OIL CO. - MAIN -PIER PROJECT AREA - PHASE I OIL INTERESTS - (2ND & 3RD.STREETS) The Mayor/Chairman announced that this was the day and hour set for a public hearing to consider the adoption of Resolutions of Necessity for the . acquisition of surface oil interests in connection with completion of th Phase .I Project. within the Main -Pier Project Area as amended. (117, 119, 12, & 123 - 2nd Street & 118, 120 & 122 - 3rd Street, - A.P. 024-166-02, 03, 09 8 10) 1 The Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. Doug La Belle, Deputy City Administrator/Economic Development, presented a staff report. Resolution No. 161 sets forth that the public interest and necessity require the proposed project; the proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury and the property is necessary for the proposed project. The Chairman declared the hearing open. The Clerk presented Resolution No. 161 for Council consideration. - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST." A motion was made by Mays, seconded Finley, to continue the public hearing regarding Resolution No. 161 to November 21, 1988 to allow time for an agreement to be prepared between the Agency and H & 0 Oil Company. The motion carried by the following roll call vote: J AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 17 Council/Agency Minutes - 11/7/88 0 lncua�a vVmcn nycn�,�i rv2, nc.nni�V — nGJVLU I AVII 1 uG — nuur 1 Cu AGOl1ISITION OF PROPERTY BY EMININFNT IX IATN _ ('AFRO OTI rn - MATN-PTFR PRnirf T MWA IIS The Mayor/Chairman announced that this was the day and hour set for a public hearing to consider the adoption of Resolutions of Necessity for the acquisi- tion of surface oil interests in connection with completion of the.Phase I Project within the Main -Pier Project Area as amended. (117, 119, 121 & 123 - 2nd Street & 118, 120 & 122 - 3rd Street, - A.P. 024-166-02, 03, 09 & 10) The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. This was a noticed hearing and only those property owners, or their represen- tatives who have filed a timely request with the City Clerk shall be allowed to speak. The City Administrator, presented a staff report. The Clerk presented Resolution No. 162 for Council consideration "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN OIL INTERESTS IN THE CITY OF HUNTINGTON BEACH FOR. PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN. Resolution No. 162 sets forth that the public interest and necessity require the proposed project; the proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least .private injury and the property is necessary for the proposed project. The Chairman declared the hearing open. Charles Cather, representing Capro Oil Company, requested that Resolution No.. 162 also be continued to allow time for further negotiations. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Kelly, seconded by Erskine, to adopt Resolution No. 162. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT None (City Council) PUBLIC HEARING - GRANT REQUEST FOR METHANE HAZARD REDUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider public comments on the Proposed Methane Gas Hazards Reduction Program for the City of Huntington Beach. The City of Huntington Beach is one of the areas identified in a State Study as having potentially dangerous-,Ievels of r=- Page 18 - Council/Agency Minutes - 11/7/88 methane gas emissions. The City is eligible to apply for funding assistance for methane hazard mitigation under Senate Bill 456 (Bergeson & Roberti). The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Fire Chief Picard presented a staff report. Captain Dennis.Groat presented a slide exhibit explaining the program. .The Mayor declared the hearing open. There being no one present to speak on the matterand there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Mays, seconded by Erskine, to direct. staff to proceed with the grant process for funds to help mitigate methane gas hazards in the City. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None . (City Council) PUBLIC HEARING - APPEAL DENIED & PLANNING COMMISSION SUSTAINED - CONDITIONAL USE PERMIT 88-39 AND CONDITIONAL EXCEPTION 88-30 - APPROVED WITH FINDINGS AND CONDITIONS The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by. Councilwoman Grace Winchell and Councilman Peter Green to the Planning Commission's approval of a request to expand a non- conforming single family residence with variance to front yard setback requi rements of 8 feet 4 i nches i n 1 i eu of 12 feet required, and i ncrease of over 10 percent floor area on property located at 808 Pecan. The applicant for Conditional Use Permit .88-39 and Conditional, Exception 88-30 was Lisa Prodan and R. M. Miller. The City Clerk announced that al1,1egal requirements .for notification, publi- cation and posting had been met, and .that she had received four communications opposing the project; in addition, a letter from Gerry Schneider was received November 3, 1988 in opposition to the project. Mike Adams, Acting Planning Director, presented a staff report. Scott Hess, Senior Planner, presented a slide exhibit. The Mayor declared the hearing open. Dave Francis presented slides in support of denying the appeal. Loretta Wolfe, representing Huntington Beach Tomorrow, .stated she supported strong code enforcement in the City. .J Lisa Prodan, representing Laurie Atkins, presented slides in support of sustaining the Planning Commission decision. Page 19 - Council/Agency Minutes - 11/7/88 1 Il. Debbie Heinle,` tenant, addressed Council and referred to what she believed was harrassment by Dave Francis. Robert Cronk distributed a property profile and spoke in support of overruling the Planning Commission decision. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Kelly, seconded by Erskine, to deny the appeal and sustain the Planning Commission decision and approve Conditional -Use Permit 88-39 and Conditional Exception 88-30 based on findings and conditions as set _forth in Attachment #1 of the RCA dated November 7, 1988, as follows: Findings for Approval - Conditional Use Permit No. 88-39: 1. The establishment, maintenance and operation of the non -conforming structure will not be detrimental.to: a. The general welfare of persons residing or working in the vicinity; b.. Property and improvements in the vicinity of such use or.building. 2. The granting of the conditional use permit for the nonconforming expansion will not adversely affect the General Plan of the City of Huntington Beach. 3. The alteration/addition does not increase the number of stories. 4. The alteration/addition improves the structure's aesthetic appearance.. Findings for Approval - Conditional Exception (Variance) No. 88-30 1. The granting of a reduction in the minimum front setback requirement to 8 feet-4 inches and a 30 percent expansion in floor area is less intrusive since the 1 of s front yard is oriented to what is the side yard of most other properties in the vicinity. 2. Due to special circumstances applicable to the subject property, including size and shape, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The size of the lot is well below the minimum requirement, 1,125 square feet versus 2,500 square feet. 3. The creation of one on -site parking space as required by conditions of l approvawill bring the. site, further into conformance with code and lessen existing impacts on surrounding properties. 4. The granting of. Conditional Exception No. 88-30 for the minimum front setback to 8 feet-4 inches and the 30 percent expansion in floor area will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. Page 207 Council/Agency Minutes 11/7/88 5. The structure, as modified, is generally attractively designed and an improvement for the neighborhood. 6. The granting of the conditional exception for the nonconforming expansion j will not adversely affect the General Plan of the City of Huntington Beach. Conditions of Approval: 1. The site plan, floor plans and elevations received and dated August 19, 1988, shall be the approved layout except as noted below. A revised site plan shall be submitted depicting the modifications described herein: a. Existing patio cover which is attached to perimeter fence shall be removed. 3 b. One paved on -site parking space shall be provided with access to the alley. 2. All wiring for the entire structure shall comply with the Uniform Electrical Code prior to final inspection. 3. Structural calculations shall be submitted to the Building Division to show roof framing as adequate. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. A plan check shall be performed by the Planning and Building Divisions. Once a permit is .issued, calls for inspection should be made to verify compliance with approved plans. This may require spot checking of footing, spot removal of dry wall, etc. 5. Applicant shall work with Fire Department, Public Works and Community Development to mitigate any problems with planter that may encroach into the existing alley right-of-way. If Fire or Public Works Department determines dedication of alley is needed in the future the planter shall be removed. 6. A 90-day review shall be conducted by Community Development Department to ensure compliance with these conditions. The motion carried by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays, Bannister NOES: Green, Winchell ABSENT: None (City Council) PUBLIC HEARING - PLANNING COMMISSION OVERRULED - SPECIAL SIGN PERMIT 88-4 - APPROVED AS AMENDED - MSC ARCHITECTURAL SIGNS - SPRINGDALE/HEIL The Mayor announced that this was the day and hour set for a public hearing to I consider an appeal filed by Windsor Financial Corporation to the Planning Commission's denial of a request to permit a free-standing multi -tenant. monument sign (7 feet high, 30 square feet), in addition to existing wall Page 21 - Council/Agency Minutes - 11/7/88 signs on property located at 16471 Springdale Street (northwest corner of Springdale Street & Heil Avenue. The applicant for Special, Sign Permit 88-4 was MSC Architectural Signs Scott Hess, Senior Planner, presented a staff report. The City Clerk announced.that all legal requirements for notification, publi- cation and posting had been met, and that she had received one communication from Eric Schmitt, dated October 28, 1988, opposing the appeal... The Mayor declared the hearing open. Craig Hoyt, Windsor Financial Corporation, addressed the Council regarding the visibility problem of :all four corners of the intersection.._ He distributed a colored rendering of the actual sign in question. Claud Moore, Rich Whingberq, and David Sullivan spoke in support of Special Sign Permit.88-4. Craig Hoyt referred to a letter from St. Bonaventure Church, dated .November 3, 1988, regarding the matter. There being no one present to speak further on the matter and there being' no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Finley, seconded by Erskine, to overrule the Planning Commission and approve Special Sign Permit 88-4 with,_findings and conditions, as amended, as follows Findinas for ADnroval: 1. The proposed monument sign (seven feet in height with an area of 30 square feet), with center identification and tenant panels, will not have a detrimental effect upon the general health, welfare and safety and con- venience of persons residing or working in the neighborhood and is not detrimental to the value of the adjacent properties and -.,improvements. 2. The location, site layout and design of the proposed monument sign properly adapts the proposed structure to streets, driveways, and adjacent structures and uses in a harmonious manner. The parcel is a corner lot and located.on an arterial street. 3. The combination and relationship of one proposed use to another on the site are properly integrated. 4. The placement of the monument sign will not create traffic problems. Conditions of Approval: 1. The site plan and elevations received and _dated August 2, 1988, shall be the conceptually approved layout. a. The proposed monument sign shall be architecturally compatible with the building in the center it identifies. Page 22 - Council/Agency.Minutes - 11/7/88 b. The free-standing sign shall be maximum, 30 square feet in size with jstreet address depicted on sign base. The motion carri ed ,by ; by the fol lowing .rol 1 ca,l 1 vote: ai. � t AYES: Erskine, Finley, Mays, Bannister NOES: Kelay; -.Green, Winchell,.. ABSENT: None (City Counci•1) ,PUBLIC HEARING - CONDITIONAL USE :PERMIT NO.88-34 - APPROVED - COASTAL DEVELOPMENT PERMIT. NO 88-27 - APPROVED -,TENTATIVE PARCEL. MAP 88-385 - APPROVED -'RES NO 5946 -ADOPTED —ENVIRONMENTAL IMPACT REPORT NO 88-4 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed �by Councilwoman Ruth. Finley of Planning Commission approval of an approximately 817 space, 5 level parking structure with 32,073 square, feet rof � commerci al and a request to consolidate 28 .1 ots into one lot and vacate : an alley ;on .property located southeast of Main Street - 200 Block (bounded by Main Street, Walnut Avenue, Third Street and Olive Avenue). The applicant :for � the, Conditional Use Permit No..�,.88-34, thei. Coastal Development Permit No. 88-27, the Environmental Impact Report No. 88-4, and the Tentative Parcel Map 88-385 ts­the;,City.of;Huntington Beach, Redevelopment Agency. The City Clerk announced, that, a.l 1 'legal requirements for notification, publi- cation and ,posting,, had been.. met; and that she had. recei,ved., one communication from Klaus Goede.cke, President of the Huntington Beach Chamber of Commerce, dated November 7, 1988, in favor of the project. Mike Adams, Acting Planning Director, presented a staff report. The Mayor declared the hearing open. Barbara Milkovich suggested that a workshop 11 be scheduled to allow the Historic Resources Board .to. ,educate ;staff on -the hi stori c- .val,ue, of :structures to assist staff to make informed decision:s,. She stated that -the proposed project is not consistent with -the General'., Plan, and, the ,Environmental Impact Report- is incomplete. Jerry Person, member of Historic Resources Board, raddressed Council regarding downtown parking. He. stated that the present parking ;space available is ':v> sufficient. He .was .concerned -that. any bui.lding .design downtown remain compatible. Doug_ Langevin addressed Council and stated the uniqueness of the village atmosphere should remain and that the downtown historic district is important. Loretta Wolfe, Vice.;President of Huntington Beach . Tomorrow, and Teresa Reynolds congratulated the Council for, contracting for a study to cover the historical district. It will be completed within a month; she requested Counci 1 to del ay, taki ng.:actionn on thi s i tem unti 1 the result of this study is F, complete. Jerry Matney addressed Council -in *support of the project; Project Manager, representing Robert Mayer Corporation, spoke support of the project. Shawn Mi 1 bern, to. Council in Page 23 - Council/Agency Minutes - 11/7/88 Zurich Gotney, developer of Phase I, spoke in support of the project. Tom Harlow, Skip Villerot, Tony Lewis, and Richard Harlow spoke in support of the project. Guy Guzzardo spoke in favor of preserving historical structures. He stated he was not opposed to redevelopment, but suggested an ordinance be drafted to protect historic buildings. Jerry Bain,, attorney representing Robert Koury, stated his concern regarding the historical aspect, but he believed the proposed parking structure was a key part of Phase I development. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 5946 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING ENVIRONMENTAL IMPACT REPORT NO. 88-4 FOR THE PARKING STRUCTURE AND COMMERCIAL BUILDING TO BE LOCATED SOUTHEAST OF MAIN STREET, 200 BLOCK." A motion was made by Mays, seconded by Kelly, to sustain the decision.of the Planning commission and approve Environmental Impact Report 88-4 and adopt Resolution No. 5946, to approve Coastal Development Permit 88-27 with findings to approve Tentative Parcel Map 88-385 with findings and conditions of approval, and Conditional Use Permit 88-34 with findings and. conditions as set forth in the November 7 1988 RCA with the exception of Condition #la - "Final Elevations along Main Street shall be reviewed and approved by the Design Review Board. For the purposes of this project, the Design Review Board shall be composed of its regular members, plus representatives of the City Council, Planning Commission, and Historic Resources Board. The final design shall incorporate into the facade architectural elements of the existing historic structures on the site." The findings and conditions are as follows: Findings for Approval - Coastal Development Permit No. 88-27: 1. The proposed commercial building and parking structure conform with the. ` plans, policies, requirements and standards_ of the Coastal Element of -the' General Plan. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, and other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed commercial building and parking structure can be provided with infrastructure in a manner that is consis- tent with the Coastal Element of the General Plan. 4.. The proposed commercial building and parking structure conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Page 24 - Counci'1•/Agency Minutes - 11/7/88 Findings for Approval Tentative Parcell Map No.-88-385 1'. The proposed consolidation of 28 parcels into oner1(1) parcel and alle,7 vacation for purposes of commercial, office, and parking uses is in com. i pliance"with the- size and shape of property necessary for that type o, development. '2. The General Plan• has set forth provisions fori thins type of land use as well as objectives for implementation of this -type -of use. 3:• -The property was previously studied for this type of land use (mixed commercial/office) at the time the land use designation of Downtown SpecTfi c Plan;: Di strict 5' was --placed. on the; subject property. 4.- The size, depth, frontage,�,.street•width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance 'wi'th standards plans and' speci firati ohs on', f.i l e wi th the Ci ty as weir as in compliance with the State Map Act and supplemental City Subdivision Ordinance. Conditions•of Approval-;- Conditional Use Permit No. 88-34 1 . The site �planw; floor plans and 'elevations- received and- dated October 5, 1988, shall be the approved layout, with the :modifications described herein: a. Final elevations along Main Street (shall beltsubject to review anf approval by they D'es'ign.:Review- Board. t; b. No compact parking spaces shall be permitted. "f C. Location of ticket booth in parking structure shall be depicted. 2. All mitigation measures ;out-1 i'ned in- Environmental ; Impact Report No. 88-4 shall be complied with (Attachment A):; * 3. Prior to issuance of building permits, the following shall be completed: a. A Landscape Construction Set must, be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shal•l.A nclude !a landscape plan prepared and signed by ai State licensed, 1andscape architect and which in- cludes all proposed/existing plant materials (location, type, size, quantity),, irrigation plan, grading plan and; approved site plan, and a copy of conditions of approval. The landscape plans shall be in conformance with the Downtown Design Guidelines and Section 9608 of the Huntington Beach Ordinance Code. ..The set must be approved by both departments prior to issuance of building permits. b. Parcel Map shall be recorded with the Orange County Recorder and a copy filed with'the Department of,Community Development. ` C. An interim parking and/or building materials storage plan shall bi submitted to assure adequate parking is lavailable for employees, customers, contractors, etc., during the project's construction phase. Page 25 - Council/Agency Minutes - 11/7/88 d. Applicant shall submit a copy of the revised site plan,.floor plans .,and elevations pursuant to Condition No. 1 for the file. e. Floor plans shall depi.ci_...naturai„ gas stubbed in at the locations of cooking Ifacflities, water heaters, and central heating units; and low-volume.headsshall be used on all spigots and water faucets. 4. f. If foil -type insulation is to be used,a fire retardant type shall be installed as approved by the Building Department. Al building spoils, such as, unusable l.umb.er, wire, pipe, and other sur- ..plus or unusable material, shall,.be disposed of at an off -site facility equipped to handle them. Installation of required landscaping and :irrigation systems shall be completed prior to final.inspection: The development shall comply with Lall applicable,,. -provisions of the Ordinance Code, Buil.ding.Division, and Fire Department:.;_ The applicant shall meet all applicable local, State, and Federal ,Fire Codes, Ordinances, and standards. Methane detectors shall be incorporated in the parking structure per Fire Department and Department of Oil & Gas standards. 9: Fire Department concerns are as follows:. a: Water mains shall be provided for minimum 3500 GPM. b. Four (4) fire hydrants are required. C. All,,,retail portions, and the lower level of the parking structure -shall be protected by. an automatic fire sprinkler system pursuant to Huntington Beach Fire Department Specifications., with central station monitoring, d.' Portions of the parking structure classified as open shall have a class III 'standpipe,system-with hose cabinets. The motion carried by the following.roll call vote:: . AYES: Kelly, Erskine, Mays, Bannister NOES: Green, Finley, Winchell.. ABSENT: None —.. ........ ....... .. ... __ _ . . .v 211a. nva.n �. vnu nV 1 — INTRODUCTION APPROVED - LEVYING OCCUPANCY TAX - WATERFRONT PROJECT The City Clerk presented Ordinance.'No 2974 for Council consideration "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX ORDINANCE TO PROVIDE A CREDIT FOR PAYMENT OF TRANSIENT OCCUPANCY TAXES TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY." Page 26 Council/Agency Minutes - 11/7/88 The Clerk presented (Redevelopment Agency) Ordinance No 1 - "AN ORDINANCE OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY LEVYING A TAX ON THE PRIVILEGE OF k, OCCUPYING A ROOM OR ROOMS IN A HOTEL, INN, TOURIST HOME OR HOUSE, MOTEL, OR OTHER LODGING LOCATED ON CERTAIN DESIGNATED PROPERTY WITHIN THE MAIN -PIER REDEVELOPMENT PROJECT AREA." A motion was made by Mays, seconded by Kelly, to adopt Council Ordinance No. 2974 and Agency Ordinance No. 1, after reading by title. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Bannister ABSENT: None Councilman Green left the room. ORDINANCE NO.' 2969 - FAILED - POLITICAL SIGNS, The City -,'C1 erk 'presented ORDINANCE �.NO., 2969 , for Council., cons,i derati on - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9610.3(g) OF THE HUNTINGTON: -1BEACH ORDINANCE �,CODE .,CONCERNING ;POLI,TICAL SIGNS." (Deletes requirement ,that stgns,,be p.osted� no more jh4 A5 ,days, prior`, to an election) (Introduction approved October,:24, 1988). A motion, was made by Erskine, se,con;ded by Kel'ly,, to adopt Ordinance No. 2969, after. reading, by .title. The,. motion. failed by the following roll call vote: AYES: Erskine, Winchell NOES: Kelly,•Finley, Mays, Bannister ABSENT: Green (out.of the room) Councilman Green returned to the room ORDINANCE NO. 2973B_- ADOPTED -_ZC 88-38 - OLDTOWN_SPECIFIC PLAN DISTRICT 2 The City Clerk presented ORDINANCE NO. 2973E for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 OF THE HUNTINGTON BEACH ORDINANCE CODE TO PROVIDE FOR CHANGE OF ZONING FROM LOW DENSITY RESIDENTIAL COMBINED WITH OIL (DESIGNATED COMMUNITY FACILITIES -CIVIC) AND LOW DENSITY RESIDENTIAL COMBINED WITH OIL TO QUALIFIED OLDTOWN SPECIFIC PLAN DISTRICT 2 CIVIC DISTRICT ON REAL PROPERTY GENERALLY LOCATED ON ELEVEN ACRES WEST OF LAKE AVENUE SOUTH OF CIVIC CENTER, NORTH OF UTICA (ZONE CHANGE NO. 88-13)." A motion was made by Mays, seconded by Kelly, to adopt Ordinance No. 2973B, after reading by title. The motion carried by the following roll call vote: AYES:- Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None 1 Page 27 - Council/Agency Minutes - 11/7/88 ORDINANCE NO 2970 - ADOPTED - MEADOWLARK SPECIFIC PLAN The City Clerk presented ORDINANCE NO 2970 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL OWNERS OF THE PROPERTY COVERED BY THE AGREEMENT - MEADOWLARK SPECIFIC PLAN." Following discussion, a motion was made by Winchel1, seconded by Kelly, to adopt Ordinance No. 2970, after reading by title, and to amend the develop- ment agreement by changing Section 1 to include paragraph 1.6 Closure of Airport and it reads as follows: 1.6 Closure of Airport. Developer agrees and covenants that the Meadowlark Airport shall cease to operate as an airport no later than September 1, 1989. Closure shall include the removal of any and all runways, aircraft storage, flight school and removal of all aircraft. Closure as provided for in the agreement constitutes or is deemed to be an abandonment of the existing nonconforming use of the ..property subject to all the City's rights to remedy those"; and further amended by adding the full paragraph: "The Director of Community Development shall prepare and monitor a phasing schedule for closure of the airport which shall include all elements necessary to assure the closure will be accomplished by September 1, 1989"; and further amended as follows by changing Section 4. TAXES AND ASSESSMENTS, by replacing the words "developments of" with "development projects of". The motion carried by the following roil call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Bannister NOES: Winchell ABSENT: None ORDINANCE NO 2977 - INTRODUCTION APPROVED - RESIDENTIAL PARKING PERMIT The City Clerk presented ORDINANCE NO 2977 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 10.42.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO RESIDENTIAL PARKING PERMIT." On motion by Kelly, second Erskine, Council approved introduction of Ordinance No. 2977, after reading by title, and carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: Finley ABSENT: None ORDINANCE NO 2975-INTRODUCTION APPROVED DRIVEWAYS/PARKING AREAS/SUN DECKS/MOVING OF BUILDINGS/UNDERGROUNDING UTILITIES - ORDINANCE NO 2976 - INTRODUCTION APPROVED - UNIFORM CODES - 1985 ADMINISTRATIVE/1985 BUILDING/1985 HOUSING/1985 ABATEMENT OF DANGEROUS BUILDINGS/1985 MECHANICAL11985 PLUMBING/1987 ELECTRICAL/1986 SOLAR ENERBY CODES - PUBLIC HEARING ON ADOPTION HEDULED 11/21/88 The City Clerk presented a communication from the Acting Director of Community all Development transmitting Ordinance Nos. 2975 and 2976. Uniform Codes are published every three years to keep up with current design technology and con- struction materials. After the State Department of Housing and Community Development adopts the Uniform Housing Code, Uniform Building Code, Uniform. Page 28.- Council/Agency Minutes - 11/7/88 Mechanical Code, Uniform Plumbing Code and National Electric Code, the cities are required to adopt the codes. In addition, companion codes are published , which are not State mandated. These include the Uniform Administrative Codes, Uniform Code for Abatement of Dangerous Buildings and Uniform Solar Energy Code. These codes both consolidate the administrative portions of the Uniform Codes and protect the.public from hazardous conditions. J The City Clerk presented Ordinance No 2975 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY, REPEALING SECTIONS 17.20.020; and AMENDING SECTIONS 17.20.060, 17.24.010, 17.28.030, 17.28.070, .17.28.080, 17.28.090, 17.28.100, 17.28.110, 17.64.020, AND 17.64.160, RELATING TO DRIVEWAYS AND PARKING AREAS, SUNDECKS, MOVING OF BUILDINGS AND UNDERGROUNDING UTILITIES." The City Clerk presented Ordinance No. 2976 for Council consideration - "AN ORDINANCE OF THE CITY 'OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS 17.02, 17.04,_17.08, 17.12, 17.40, 17.44,. 17.489 AND 17.60; AND.ADDING THERETO NEW CHAPTERS .17.02, 17.04, 17.08, 17.12, 17.40, 17.44, 17.48, AND 17.60 TO ADOPT THE, UNIFORM ADMINISTRATIVE CODE, 1985 EDITION; THE UNIFORM BUILDING CODE, 1985 EDITION: THE'UNIFORM HOUSING CODE, 1985 EDITION: THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION;•THE UNIFORM MECHANICAL CODE, 1985 EDITION; THE UNIFORM PLUMBING CODE, 1985 EDITION, THE NATIONAL ELECTRICAL CODE, 1987 EDITION, AND THE UNIFORM SOLAR ENERGY (BODE, 1986. EDITION." A motion was made by Mays, seconded .by Kelly, to approve introduction of. Ordinance Nos. 2975 and 2976, after reading by title, and to direct that a public hearing be scheduled on adoption of said ordinances for the November 21, 1988 Council meeting. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) COUNCILSUPPORT OF MAYOR ERSKINE__- APPROVED - DIRECTOR OF OC TRANSIT DISTRICT A motion -Was made by Kelly, seconded by Finley, to make a determination that the need to take action on.the issue of supporting Mayor Erskine's appointment to unexpired term of -Director of Orange County Transit District, 'arose subsequent to the agenda being posted as specified in Government Code Section 54954,20)(2). The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made by Kelly, seconded by Finley, to support Mayor Erskine's appointment of Director of Orange County Transit District, and carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None .' Page 29 - Council/Agency Minutes - 11/7/88 COUNCIL/AGENCY ADJOURNMENT The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to 6 p.m.., November 21, 1988, in Room B-8 of the Civic Center Complex. ATTEST: City Clerk/Clerk 1 Clerk of the Redevelopnfefit Agency and City Clerk and ex-officio Clerk of the City Council of the City, of Huntington Beach, California yor/Chairman