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HomeMy WebLinkAbout1999-03-15MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, March 15, 1999 An audiotape recording of the 5:00 p.m. portion of this meeting and a videotape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Green called the regular meetings of the City Council and the Redevelopment Agency of the City. of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Julien PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session and closed session items scheduled on the agenda. (CITY COUNCIL/REDEVELOPMENT AGENCY) STUDY SESSION — ORDINANCE/POLICY REGARDING WATER CHARGES FOR SINGLE-FAMILY RESIDENCES SPRINKLER SYSTEMS (100.10) Public Works Director Beardsley presented a slide report. The slide presentation document was titled Review of Policy and Fees for Single -Family Residences with Fire Sprinkler Systems dated March 15, 1999. The slide report covered subjects including meter size overview, monthly fixed water meter charges, capital facilities charge -new residential construction, policy issues, policy procedure for existing single-family residences with fire sprinkler systems, policy procedure for new single-family residence with fire sprinkler systems, account credit, ongoing revenue impact, additional issues, additional revenue impact, and subsequent action items. The Public Works Director reported on the actions that staff was recommending that Council take including approval of credit to existing customers; approval of the use of water funds for this purpose; approval of the use of Water Master Plan funds, and the preparation of appropriate resolutions for revised charges. Discussion was held between City Councilmembers, and the Public Works Director responded to Council's questions regarding water meter sizes and staff reasons for the notification process commencing prior to action by the City Council. Public Works Director Breadsley clarified that some people may wish to continue paying for the larger meter; also that a lesser size meter will not be allowed unless warranted. Fire Chief Dolder responded to Councilmember Bauer's questions regarding the timing of the refund if approved by the City Council. In response to Councilmember Sullivan, Fire Chief Dolder stated that he is satisfied with the proposed policy as the optimal way to go. 329 Page 2 - Council/Agency Minutes — 03/15/99 MOTION TO RECESS TO CLOSED SESSION A motion was made by Sullivan, second Green to recess the City Council to closed session to consider the following items. The motion carried unanimously with Councilmember Julien absent. (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: Redevelopment Agency v. DOE I. (120,80) (City Council) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is HBPOA v. City of Huntington Beach — Orange County Superior Court Case No. 80 49 49. Subject: HBPOA v. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Hassan v. City — OCSC, Case No. 68 95 84; People v. Hassan - OCSC, Case 68 99 38; Hassan v. City — OCSC, Case No. 69 99 03; Reince v. City — OCSC, Case No. 48 17 04. Subject: Hassan v. City, People v. Hassan, Hassan v. City, Reince v. City. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, John Reekstin, regarding negotiations to sell to Luis Uribe (agent) and Raul and Alicia Rodriguez the property the city holds in trust on behalf of its IRC § 457 Plan Participants, located at 13947 Iris Dr., Fontana, Ca 92335, Parcel 0234 041 12 0000, TR No. 3138 Janssana Sublot 60. Subject: City Deferred Compensation Plan Portfolio: Real Property Negotiations, 13947 Iris Dr., Fontana, Ca. 92335. (120.80) C :1916U AL119 The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chamber. REPORT OF ACTION TAKEN AT CLOSED SESSION The City Attorney reported that there were no actions taken by the City Council or Redevelopment Agency in closed session that require a reporting on those actions as required by law (Government Code Section 54957.1(a)(3)(B). 330 3/15/99 - Council/Agency Minutes - Page 3 CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Julien ITEMS REMOVED FROM THE CITY COUNCIL AGENDA FOR SEPARATE DISCUSSION City Administrator Silver announced that the following items were requested by staff to be removed from the Council agenda for separate discussion: (City Council) Approve Amendment No. 1 to Lease Agreement with Michael & Christie Bartusick DBA Park Bench Cafe (City Council) Mitigation Monitoring Program — Environmental Impact Report No. 97-1 (EIR) — Crest View School — Wal*Mart — S/S Talbert E/O Beach Boulevard A motion was made by Garofalo, second Sullivan to approve the continuance of the aforementioned items to the April 5, 1999 City Council meeting. The.motion carried unanimously with Councilmember Julien absent. FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Cub Scout Pack 1450, Golden View School. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda: Slide Presentation: Review of Policy and Fees Single -Family Residences With Fire Sprinkler Systems dated March 15, 1999 Communication from the Deputy City Administrator dated March 15, 1999 titled February 23-26, 1999 Trip To Washington, D. C. Regarding Federal Assistance For Local Programs and outlining the five projects that were approved by the City Council and focused upon during the trip Slide report from the City Treasurer dated March 15, 1999 Slide show presentation from the Planning Director dated March 15, 1999 titled Meadowlark (Overview) Specific Plan/Negative Declaration and Meadowlark -Tentative Tract Map and CUP Appeal. Communication from Mayor Pro Tern Garofalo dated March 12, 1999 titled Council Liaison . Report regarding the following subjects: Edwards Hill Dedication; the Mayor's trip to Washington, D.C.; the Coca-Cola agreement; and the National Association of Hispanic Publishers' Convention 331 Page 4 - Council/Agency Minutes — 03/15/99 PUBLIC COMMENTS DIRK SMITH, representing Chimayo at the Beach Restaurant, invited the Councilmembers and all in attendance to visit the newly opened Chimayo at the Beach Restaurant at the foot of the pier. VIRGINIA SIMS addressed Council regarding a recent article in the newspaper which she believes puts the needs of the firefighters last. She questioned what the Council is going to do with the money from the Coca-Cola Company agreement. She displayed the article to Council. MARILYN MEDLER, co-chair of the Human Relations Task Force, spoke regarding the sponsorship of a series of programs, Some Enchanted Evenings, at the Huntington Beach Art Center. She stated these presentations are demonstrations against prejudice. Ms. Medler described the other upcoming events and extended an invitation to the Council and community to attend the events. She thanked the Council for its stand on this issue. MIKE BARTUSICK, owner of Park Bench Cafe, reviewed the history of the Park Bench Cafe. He spoke regarding the reasons for their request for a rent reduction as set forth within the agenda item scheduled later in the meeting. JO-AN VERSTRAYTE distributed a document from the Shorecrest Homeowners' Association. She spoke regarding their efforts to landscape the median in their tract stating they are part way through. She requested that the city approve the final portion of the project and install an irrigation system and the last of the ground cover soon using the funds raised by various members of their community. DIANE COLWELL, Artistic Director of the Academy of the Performing Arts, Huntington Beach Union High School District, presented an overview of the Performing Arts Academy for Council's information. She brought Council's attention to the dance department and invited the Councilmembers and the audience to the upcoming performance. Ms. Colwell presented a slide show and distributed material. MIKE SWINGLE addressed Council regarding the need for a BMX dirt jumping track in the city. He submitted a petition listing approximately 100 signatures of residents in support of this request. JOHN LEGG, firefighter, informed Council that arbitration will begin in the near future relative to firefighters' compensation. He requested that all parties comply with the arbitrator's decision. Mr. Legg stated that the firefighters are asking for fair market compensation. Mr. Legg informed Council that the Huntington Beach Firefighters are now ranked 15 out of 15 in the county in compensation. JOHN BRISCOE read a portion of a letter written to the City Council from the City Treasurer regarding a vendor hired for collection services. He stated his opposition to contents of the letter. DEAN ALBRIGHT distributed a communication to Council. He spoke regarding what he believed to be problems with how the water fund is being allocated. He proposed that the water fund be put in the charter and that a sunset clause be included as well as the formation of an oversight committee. 332 3115/99 - Council/Agency Minutes - Page 5 BRUCE D'ELISCO, Catellus Development Group, stated that he appreciated the staff's hard work on the Meadowlark project this week. He stated that Catellus Development Group has agreed upon a "modified knuckle" with the Department of Public Works. MAYOR AND STAFF REPORT ON LOBBYING EFFORTS IN WASHINGTON, D.C. Rich Barnard, Deputy City Administrator, Public Information, presented a staff report regarding meetings to lobby on behalf of the city held in Washington, D. C. on February 23, 1999 attended by Mayor Peter Green, Councilmember Shirley Dettloff, Public Works Director Robert Beardsley, and himself. Mr. Barnard referred to the late communication which had been announced earlier in the meeting by the City Clerk titled February 23-26, 1999 Trip to Washington, D.C. Regarding Federal Assistance for Local Programs. Councilmember Dettloff spoke regarding their effort. Mayor Green informed Council that he too had found Congressman Rohrabacher to be very helpful. Councilmember Bauer stated that the city had spent $75,000 to obtain $400,000 back in grants. He recommended that such figures be kept track of as it has been quite successful. City Administrator Silver brought Council's attention to $40,000 in funds spent to obtain a $1,500,000 grant for the -city. Public Works Director Beardsley reported on the reasons he believed the trip to Washington, D.C. was extremely worthwhile. (CITY COUNCIL) ACCEPTED CITY TREASURER'S JANUARY, 1999 INVESTMENT SUMMARY REVIEW REPORT (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for January, 1999. City Treasurer Freidenrich presented a slide report. She referred to the late communication announced earlier in the meeting by the City Clerk titled Slide Report from the City Treasurer dated March 15, 1999. A motion was made by Garofalo, second Bauer to accept the Monthly Investment Report for January, 1999 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Councilmember Bauer stated that the comments made during the Public Comments portion of the Council meeting regarding the City Treasurer's Office were most unfounded. Councilmember Bauer has reviewed the City Treasurer's work, and the City Treasurer has saved the city a considerable amount of money since her term in office commenced. The motion made by Garofalo, second Bauer carried unanimously with Julien absent. (CITY COUNCIL) PUBLIC HEARING CLOSED - ZONING TEXT AMENDMENT NO. 97-04/ ZONING MAP AMENDMENT NO. 97-01 AND NEGATIVE DECLARATION NO. 97-21 (MEADOWLARK SPECIFIC PLAN AMENDMENT) — APPROVED INTRODUCTION OF ORDINANCE NO. 3415 (450.20) At the February 22, 1999 City Council meeting, Zoning Text Amendment No. 97-4, Zoning Map Amendment No. 97-1 and Negative Declaration No. 97-21 for the Meadowlark Specific Plan were 333 Page 6 - Council/Agency Minutes — 03/15/99 approved with direction to prepare an ordinance and revise the draft Meadowlark Specific Plan. The revisions are based upon Council direction relative to a 17-item matrix (Attachment No. 3) discussed and voted upon that evening. Public hearing opened and closed on January 25, 1999 to consider the following: Project Applicant: City of Huntington Beach. Project Request: To amend the Meadowlark Specific Plan to: 1. Consolidate and update the current Meadowlark Specific Plan document and the Meadowlark Property Conceptual Master Plan into a single document; modify the Meadowlark Specific Plan to permit single-family dwellings on small lots; and incorporate development standards for small lot development within the revised Meadowlark Specific Plan (Zoning Text Amendment); and 2. Update Conceptual Master Plan Exhibit II to reflect a reduction in densities within the residential portion of the Meadowlark Specific Plan; establish the boundaries for four residential planning areas with densities ranging between 9.5 dwelling units per net acre and 13.8 dwelling units per net acre; and incorporate said exhibit within the revised Specific Plan (Zoning Map Amendment). Location: 600 ft. east and north of the Warner Avenue and Bolsa Chica Street intersection. Notice is hereby given that an initial environmental assessment for D-1A and D-1 B (Negative Declaration No. 97-21) was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above items, with mitigation, would not have any significant environmental effect and that a mitigated negative declaration is warranted. This environmental assessment is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection and comment by contacting the Planning Department. (CITY COUNCIL) APPEAL FILED BY CATELLUS GROUP TO PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT MAP NO. 15469/CONDITIONAL USE PERMIT NO. 97- 80/NEGATIVE DECLARATION NO. 97-21 (MEADOWLARK RESIDENTIAL DEVELOPMENT) - APPEAL DENIED (420.60) At the February 22, 1999 City Council meeting, Tentative Tract Map No. 15469 and Conditional Use Permit No. 97-80 with plans and exhibits for the 313 unit Meadowlark residential development were approved with direction to prepare Findings and Conditions of Approval. The Findings and Conditions are based upon the exhibits attached to the staff reports and exhibits on display at the meeting and Council direction relative to a 17-item matrix (Attachment No. 2) discussed and voted upon that evening. Public hearing opened and closed on January 25, 1999. Project Applicant/Appellant: Bruce D'Eliscu/Catellus Residential Group Project Request: To permit subdivision and development of 48.4 acres with 313 detached single-family dwellings on small -lots in conjunction with public park, open space/recreation and infrastructure improvements. Appeal Request: To have the City Council consider Tentative Tract Map No. 15469/Conditional Use Permit No. 97-80/Negative Declaration No. 97-21 to ensure that project Findings and Conditions of Approval are in compliance with the proposed amendment(s) to the Meadowlark Specific Plan 334 3/15/99 - Council/Agency Minutes - Page 7 (Zoning Text Amendment No. 97-04/Zoning Map Amendment No. 97-01/Negative Declaration No. 97- 21. Location: 600 ft. east and north of the Warner Avenue and Bolsa Chica Street intersection. Notice is hereby given that an initial environmental assessment (Negative Declaration No. 97-21) was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above items, with mitigation, would not have any significant environmental effect and that a mitigated negative declaration is warranted. This environmental assessment is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection and comment by contacting the Planning Department. Planning Director Zelefsky presented a staff report. He referred to the late communication announced earlier in the meeting by the City Clerk titled Meadowlark (Overview) Specific Plan/Negative Declaration and Meadowlark— TentativeTract Map and CUP Appeal. A motion was made by Garofalo, second Green to approve the following recommended actions: Approve the following * Findings for Approval (Attachment No. 1 to the Request for Council Action dated March 15, 1999) and after reading by title approve introduction of Ordinance No. 3415 - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending the Meadowlark Specific Plan (Zoning Text Amendment No. 97-04; Zoning Map Amendment No. 97-01)" for Zoning Text Amendment No. 97-4, Zoning Map Amendment No. 97-1 and Negative Declaration No. 97-21. (See Page 19 for * Findings for Approval) Councilmember Dettloff stated that she wished to make sure that Attachment No. 3 in the staff report and all of the matrix on those issues on which Council has made decisions including the fire sprinklers in PA-3 and PA-4 and the width of the street are included in the motion Council is making. Planning Director Zelefsky responded that this is correct. The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: Julien A motion was made by Bauer, second Garofalo to approve the following recommended action: Approve * Findings and Conditions of Approval (Attachment No. 1 to the Request for Council Action dated March 15, 1999) for Tentative Tract Map No. 15469 and Conditional Use Permit No. 97-80 as follows: (See Page 25 for " Findings and Conditions of Approval) The motion made by Bauer, second Garofalo carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: Julien 335 Page 8 - Council/Agency Minutes — 03/15/99 (CITY COUNCIL/REDEVELOPMENT AGENCY) PUBLIC HEARING — ADOPTED CITY COUNCIL RESOLUTION NO. 99-21 —ADOPTED REDEVELOPMENT AGENCY RESOLUTION NO. 296 — APPROVAL OF DOCUMENTS FOR THE REISSUANCE OF $9,500,000 CITY OF HUNTINGTON BEACH VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS (FIVE POINTS SENIORS PROJECT) SERIES A OF 1991 — LOCATED AT MAIN & FLORIDA STREETS (330.30) Mayor Green announced that this was the meeting set for a public hearing to consider Borrower request to replace a Wells Fargo Bank Letter of Credit as a guarantee of payment to the bond holder with the participation of Fannie Mae. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Economic Department Director Biggs presented a slide show dated March 11, 1999 titled Five Points Senior Project Reissuance of Revenue Bonds 1991, City Council Public Hearing March 15, 1999. Mayor Green declared the hearing open There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. Economic Development Director Biggs responded to Councilmember Sullivan's inquiry as to how it could happen that the owner had not spent the required amount of money as set forth in the original documents approving the bond issuance. Councilmember Sullivan informed Council of a story relayed to him about the response of Five Points Senior Project management relative to a situation that a volunteer for Meals on Wheels had encountered when trying to assist a resident. Councilmember Sullivan stated that he did not believe that Council should agree to the action on this item until situations as these are cleared up. David Michaelson, applicant, informed Council that the management of Five Points has been a challenge. He spoke regarding a group of residents who had been creating a problem and stated that these residents are no longer living at the Five Points complex. He stated that the Fair Housing Council had attempted to form a tenants' committee, but the tenants had not formed a committee as they were satisfied. Mr. Michaelson stated that the incident to which Councilmember Sullivan had referred had happened, and the management had been rebuked. He stated that generally Five Points is running smoother as the dissidents are no longer there. He spoke regarding the request under consideration at this meeting. Mr. Michaelson reported on the background of the matter as it relates to the costs that had been incurred from the fire before the project was constructed. He spoke regarding the financial effect on their business due to the water rate increase. Mr. Michaelson stated that when the project was funded, HUD was paying $695 for rent, and now the payment had been decreased to $650 per month; that the reality is that the seniors do not suffer from loss of services. He stated that he agreed that there should be some sensitivity training for the manager, but he has been unable to find any classes. 336 3/15/99 - Council/Agency Minutes - Page 9 Councilmember Sullivan questioned how many residents are in the low-income category. Mr. Michaelson reported on the allocation of low-income and HUD units and stated they have a 30% requirement. Councilmember Sullivan responded to Councilmember Garofalo's earlier question about affordable housing. In response to Councilmember Sullivan, Economic Development Director Biggs responded for Mr. Michaelson stating that 17 units are very low and reported on Section 8 units which he believes number 31 split between low and moderate. Councilmember Dettloff stated that she concurred with some of the comments made by Councilmember Sullivan as she had held meetings with a senior citizen group and that the Orange County Fair Housing had agreed with many of the statements made by the tenants. She stated that the Council needs to continue watching the site to ensure that this is a good place for our senior citizens as there have been problems in the past. A motion was made by Dettloff, second Harman to approve the following recommended actions: Adopt Resolution No. 99-21 — "A Resolution of the City Council of the City of Huntington Beach Approving an Amended and Restated Indenture of Trust, an Amended and Restated Loan Agreement, a First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants and an Assignment and Intercreditor Agreement, and Authorizing the Execution and Delivery Thereof, and Other Agreements in Connection Therewith, and Authorizing and Directing the Execution and Delivery of Documents and Actions Taken in Connection Therewith, All With Respect to the Five Points Seniors Project" authorizing amended documents for $9,500,000 City of Huntington Beach Variable Rate Demand Multifamily Housing Revenue Bonds (Five Points Seniors Project) Series A of 1991 permitting the substitution of a Fannie Mae pledge of collateral in lieu of the Wells Fargo Bank Letter of Credit. and Adopt Redevelopment Agency Resolution No. 296 "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving a First Amendment to Affordable Housing Agreement and Authorizing the Execution and Delivery Thereof, and Authorizing and Directing the Execution and Delivery of Documents and Actions Taken in Connection Therewith, all with Respect to the Five Points Seniors Project." Approving the amended Housing Agreement between the Redevelopment Agency and Five Points Seniors, LP, which permits a reduction in the project's amenity budget. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: Julien Councilmember Garofalo requested that this type of financing be made part of an Economic Development future agenda. CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION Sale And Transfer Of Ownership — Ocean View Estates (7051 Ellis Avenue) Mobile Home Unit No. 34 — (Brooks Estate To David Hicks) — Agreement For Occupancy Between City & David & Sandra Hicks 337 Page 10 - Council/Agency Minutes — 03/15/99 Increase In Building Inspection Table Of Organization By Decreasing Contract Services Resolution No. 99-18 Declaring Weeds, Rubbish & Refuse To Be A Public Nuisance & Fixing Time For Hearing Protests & Objections To The Abatement Public Hearing Scheduled For April 19, 1999 Installation Of Cable Outlets Within The Central Library And Cultural Center Resolution No. 99-19 — Supporting The Proposed Ground Water Replenishment System — A Joint Project Of The Orange County Water District And Orange County Sanitation District Agreements With The New York Road Runners Club, Inc., Pacific Sports, And Herb Massinger Of Race Pace — 1999 Fourth Of July 5K Run/Expo Subgrantee Agreement Between The City And Coast Community College District For Housing & Community Development Block Grant Program (Childcare Facility) Plaza Almeria Remediation Reimbursement Agreement And Assignment Of Claim Between The Redevelopment Agency & J.T. Development Company — For Costs Incurred For Environmental Remediation — Budget Amendment CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Sullivan, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES:" None ABSENT: Julien (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of February 1, 1999 and February 16, 1999 as written and on file in the Office of the City Clerk. (CITY COUNCIL) ACCEPTED THE OLD TOWN SEWER PROJECT — CC-1096 AND AUTHORIZED FILING OF NOTICE OF COMPLETION — SANCON ENGINEERING II, INC. (600.60) — Accepted the Old Town Sewer Project at a final cost of $118,817.50 completed by Sancon Engineering II, Inc. and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-17 — APPOINTMENT OF ALTERNATE REPRESENTATIVE (JOHN REEKSTIN, ADMINISTRATIVE SERVICES DIRECTOR) TO (BICEP) BIG INDEPENDENT CITIES EXCESS POOL BOARD OF DIRECTORS (120.20) — Adopted Resolution No. 99-17 — "A Resolution of the City Council of the City of Huntington Beach Naming John Reekstin as the City's Representative to the Big Independent Cities Excess Pool Joint Power Authority. " 338 3/15/99 - Council/Agency Minutes - Page 11 (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH SAPPHOS ENVIRONMENTAL CORP. FOR PREPARATION OF AN OPPORTUNITIES AND CONSTRAINTS ANALYSIS FOR BARTLETT PARK LOCATED BETWEEN ADAMS & YORKTOWN AVENUES (600.10) — 1. Approved the contract between the City of Huntington Beach and Sapphos Environmental Corp. for consulting services to prepare an Opportunities and Constraints Analysis for Bartlett Park in an amount not to exceed $59,133 and authorized the Mayor and City Clerk to sign, and 2. Authorized a mid -year budget expenditure not to exceed $75,000 from the Unappropriated Fund Balance of the General Fund into the Park Acquisition and Development Fund Account E-SK-CS-340-3-90-00 for preparation of an Opportunities and Constraints Analysis for Bartlett Park. (CITY COUNCIL) ADOPTED RESOLUTION OF INTENTION NO. 99-15 TO INCREASE THE MONTHLY ASSESSMENT FOR THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT FOR THE REMAINDER OF FISCAL YEAR 1998-99 — SETS PUBLIC HEARING FOR 4/5/99 (460.30) - 1. Adopted City Council Resolution of Intention No. 99-15 — "A Resolution of the City of Huntington Beach Declaring Its Intention to Levy an Increase in the Annual Assessment for Fiscal Year 1998-99 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District. (CITY COUNCIL) APPROVED REAL ESTATE PURCHASE AGREEMENTS FOR PURCHASE & SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR UNIMPROVED REAL PROPERTY LOCATED AT CORNER OF CLAY AVENUE AND MAIN STREET (APN 111-150- 25) (HOLLY-SEACLIFF DEVELOPMENT PROJECT) (650.20) —1. Approved and authorized the Mayor and City Clerk, on behalf of the City of Huntington Beach, to sign and attest the Real Estate Purchase Agreements for Purchase & Sale of Real Property and Escrow Instructions with 9 of the 12 persons who own undivided interests in this property and 2. Authorized City staff to open an escrow at First American Title Company in Santa Ana to consummate the acquisition of the interests of these nine persons. (Sample Agreement For Purchase And Sale Of Real Property And Escrow Instructions.) (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-20 — APPROVED EXTENSION OF BONDS & TRANSFER OF BONDS — HUNTINGTON VILLAGE SENIOR APARTMENTS — 16171 SPRINGDALE AVENUE (VILLAGE PARTNERSHIP) (330.30) — 1. Adopted Resolution No. 99-20 approving a Third Supplemental Indenture of Trust and a Third Amendment to the Loan Origination and Servicing Agreement by and between the City of Huntington Beach and U.S. Bank Trust National Association as Trustee — "A Resolution of the City Council of the City of Huntington Beach Approving a Third Supplemental Indenture of Trust and a Third Amendment to Loan Origination and Servicing Agreement and Authorizing and Directing the Execution and Delivery Thereof and of Other Documents and Actions to be Taken in Connection Therewith." (CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED SALE AND TRANSFER OF OWNERSHIP — OCEAN VIEW ESTATES (7051 ELLIS AVENUE) MOBILE HOME UNIT NO. 34 — (BROOKS ESTATE TO DAVID HICKS) — APPROVED AGREEMENT FOR OCCUPANCY BETWEEN CITY & DAVID & SANDRA HICKS (600.10) The City Council considered a communication from the Economic Development Director and the Administrative Services Director regarding the sale and transfer of ownership of Mobile Home Unit No. 34 located at Ocean View Estates together with an agreement for occupancy between the city and David and Sandra Hicks. 339 Page 12 - Council/Agency Minutes — 03/15/99 Economic Development Director Biggs responded to Councilmember Bauer's inquiry and stated that he believed about three spaces are being rented in Ocean View Estates. Economic Development Director Biggs reported on the agenda item including the rent structure. City Administrator Silver stated that a committee would report on Councilmember Bauer's questions. A motion was made by Bauer, second Dettloff to approve the following actions: Redevelopment Agency Recommended Action: 1. Authorize the sale of Ocean View Estates Space No. 34 by the estate of Grace Brooks to Mr. and Mrs. David Hicks for $10,000; and 2. Approve an amendment to the current fiscal year budget in the amount of $52,617.95 and 3. Authorize the Economic Development Director to execute documents necessary, upon approval as to form by the City Attorney, to deliver $52,617.95 (less any debts owed to the city) to the estate of Grace Brooks (Harriet Strickland, Trustee) as the Redevelopment Agency's gap payment. City Council Recommended Action: Approve and authorize execution of the Ocean View Estates lease agreement between the City of Huntington Beach and Mr. and Mrs. David Hicks by the Mayor and City Clerk. Economic Development Director Biggs reported that the agency's options to buy the mobile home had expired December, 1997. Councilmember Garofalo stated that he would like to see this item deferred in order to determine the feasibility of purchase by the Redevelopment Agency. The motion made by Bauer, second Dettloff was withdrawn. Economic Development Director Biggs informed Council that escrow had been opened. A motion was made by Bauer, second Sullivan to continue this item for 30 days. The motion failed by the following roll call vote: AYES: Bauer, Sullivan NOES: Green, Dettloff, Harman ABSENT: Julien, (Garofalo absent from the room) A motion was made by Dettloff, second Green to approve the following recommended action: Redevelopment Agency Recommended Action: 1. Authorize the sale of Ocean View Estates Space No. 34 by the estate of Grace Brooks to Mr. and Mrs. David Hicks for $10,000; and 2. Approve an amendment to the current fiscal year budget in the amount of $52,617.95 and 3. Authorize the Economic Development Director to execute documents necessary, upon approval as to form by the City Attorney, to deliver $52,617.95 (less any debts owed to the city) to the estate of Grace Brooks (Harriet Strickland, Trustee) as the Redevelopment Agency's gap payment. City Council Recommended Action: Approve and authorize execution of the Ocean View Estates lease agreement between the City of Huntington Beach and Mr. and Mrs. David Hicks by the Mayor and City Clerk. The motion carried by the following roll call vote: AYES: Garofalo, Green, Dettloff; Harman NOES: Bauer, Sullivan ABSENT: Julien 340 3/15/99 - Council/Agency Minutes - Page 13 (CITY COUNCIL) APPROVED INCREASE IN BUILDING INSPECTION TABLE OF ORGANIZATION BY DECREASING CONTRACT SERVICES (700.10) The City Council considered a communication from Building and Safety Director Ross Cranmer recommending that Council approve an increase in the Building and Safety Department Table of Organization by decreasing contract services. Discussion was held between Councilmember Sullivan and Building and Safety Director Cranmer regarding the item including the issue of the effect of potential lay offs if the city workload is lessened and the two new inspector positions become unnecessary. A motion was made by Harman, second Dettloff to approve the addition of two Inspector II positions to the Building and Safety Table of Organization and transfer funding from budgeted contract services. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Harman, Sullivan, NOES: None ABSENT: Julien, (Dettloff absent from the room) (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-18 DECLARING WEEDS, RUBBISH & REFUSE TO BE A PUBLIC NUISANCE & FIXING TIME FOR HEARING PROTESTS & OBJECTIONS TO THE ABATEMENT PUBLIC HEARING SCHEDULED FOR APRIL 19, 1999 — ADOPTED RESOLUTION NO. 99-18 (520.80) The City Council considered Resolution No. 99-18 declaring weeds, rubbish and refuse to be a public nuisance and fixing a time for hearing protests and objections to the abatement. Discussion was held regarding proposed Resolution No. 99-18. A motion was made by Bauer, second Dettloff to adopt Resolution No. 99-18. "A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the time for Hearing Protests and Objections to the Abatement Thereof." The motion carried by the following roll call vote: AYES: Bauer, Garolfalo, Green, Dettloff, Sullivan, NOES: None ABSENT: Julien, (Harman out of the room) (CITY COUNCIL) APPROVED INSTALLATION OF CABLE OUTLETS WITHIN THE CENTRAL LIBRARY AND CULTURAL CENTER (320.45) The City Council considered a communication from the Library Services Director and the Public Information Officer recommending approval of installation of cable outlets within the Central Library and Cultural Center. Library Services Director Hayden reported on the item at the request of Councilmember Bauer. Councilmember Bauer, PCTA Director, reported on this item. 341 Page 14 - Council/Agency Minutes — 03/15/99 Councilmember Harman requested information regarding the Cable Fund, and Public Information Officer/Deputy City Administrator Barnard reported. Councilmember Sullivan spoke regarding the problem in the past with the telephone conduits and that he hopes there will not be a recurrence. Library Services Director Hayden informed Council that this contractor is a new contractor, and the work will done in a newer part of the library building. A motion was made by Garofalo, second Sullivan to authorize the expenditure of $12,600 from the Cable Fund to install conduit and cabling for public cable access within the Central Library and Cultural Center. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-19 — SUPPORTING THE PROPOSED GROUND WATER REPLENISHMENT SYSTEM — A JOINT PROJECT OF THE ORANGE COUNTY WATER DISTRICT AND ORANGE COUNTY SANITATION DISTRICT (1000.10) The City Council considered adoption of Resolution No. 99-19 regarding the proposed ground water replenishing system — a joint project of the Orange County Water District and the Orange County Sanitation District. Councilmember Bauer informed Council of the five areas in which he has concern: (1) ground water restoration funding, (2) Green Acres project, (3) new water well field in the city of Cypress, (4) injection wells relative to salt water intrusion, and (5) status of San Joaquin Reservoir. Councilmember Bauer requested a report from staff regarding these items if the staff is able to do so within the four hour guideline/policy established by Council. A motion was made by Bauer, second Garofalo to adopt Resolution No. 99-19 — "A Resolution of the City Council of the City of Huntington Beach Supporting the Proposed Ground Water Replenishment System." (a joint project of the Orange County Water District and Orange County Sanitation District) Councilmembers Dettloff and Green stated their support for this project. City Administrator Silver informed Council that he will schedule a meeting with the Orange County Water District and the Orange County Sanitation District representatives regarding this matter. Councilmember Bauer stated his concern with funding issues. The motion made by Bauer, second Garofalo carried by the following roll call vote: AYES: Bauer, Garofalo, NOES: None ABSENT: Julien Green, Dettloff, Harman, Sullivan k"N 3/15/99 - Council/Agency Minutes - Page 15 (CITY COUNCIL) APPROVED AGREEMENTS WITH THE NEW YORK ROAD RUNNERS CLUB, INC., PACIFIC SPORTS, AND HERB MASSINGER OF RACE PACE — 1999 FOURTH OF JULY 5K RUN/EXPO (600.10) The City Council considered a communication from the Community Services Director regarding approving the agreements with the New York Road Runners Club, Inc., Pacific Sports, and Herb Massinger of Race Pace — 1999 Fourth Of July 5K Run/Expo. Discussion was held by Council regarding the need to address the issue of making events such as the 4th of July Parade self-sufficient and even make enough money to return the subsidy it has received in the past several years. He commented that a reconfiguration of the parade route may be feasible. A motion was made by Bauer, second Garofalo to approve a one-year Fourth Of July Sponsorship Agreement Between The City Of Huntington Beach And New York Road Runners Club, Inc. and approve Professional Services Contract Between The City Of Huntington Beach And Pacific Sports, L.L.C. For The Management And Operation Of A Running And Walking Event On The Fourth Of July, 1999 and the agreement titled Agreement Between the City of Huntington Beach and Herb Massinger for Appointment of an Agent for the Sponsorship of the 1999 Huntington Beach Fourth of July Celebration in conjunction with the Fourth of July Run and authorize the Mayor and City Clerk to execute same. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) DEFERRED APRIL 5, 1999 AMENDMENT NO. 1 TO LEASE AGREEMENT WITH MICHAEL & CHRISTIE BARTUSICK DBA PARK BENCH CAFE (600.35) The City Council determined that proposed Amendment No. 1 to the lease agreement with Michael and Christie Bartusick doing business as Park Bench Cafe would be deferred to the April 5, 1999 Council meeting. (CITY COUNCIL) APPROVED & AUTHORIZED EXECUTION OF THE SUBGRANTEE AGREEMENT BETWEEN THE CITY AND COAST COMMUNITY COLLEGE DISTRICT FOR HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CHILDCARE FACILITY) (600.10) The City Council considered a communication from the Economic Development Director requesting approval of the subgrantee agreement between the city and Coast Community College District for the Housing And Community Development Block Grant Program. Councilmember Bauer requested information as to whether Project Self -Sufficiency participants will have an opportunity to access this childcare. Economic Development Director Biggs reported to the extent that Project Self -Sufficiency participants who attend Golden West College can participate in the childcare facility program. Councilmember Bauer inquired as to the position of City Human Services Coordinator/Project Self -Sufficiency Director Susan Edwards on this matter. Community Services Director Hagan stated that he would ask Susan Edwards to meet with Golden West College representatives on this matter to ensure participants have a fair shot at participating in the childcare facility program. 343 Page 16 - Council/Agency Minutes — 03/15/99 A motion was made by Bauer, second Dettloff to approve and authorize the Mayor and City Clerk to execute the Subgrantee Agreement between the city and Coast Community College District (Golden West College) for Housing and Community Development Block Grant Program (Childcare Facility) The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien (REDEVELOPMENT AGENCY) APPROVED PLAZA ALMERIA REMEDIATION REIMBURSEMENT AGREEMENT AND ASSIGNMENT OF CLAIM BETWEEN THE REDEVELOPMENT AGENCY & J.T. DEVELOPMENT COMPANY — FOR COSTS INCURRED FOR ENVIRONMENTAL REMEDIATION — APPROVED BUDGET AMENDMENT (600.30) The City Council considered a communication submitted by Economic Development Director Biggs regarding the Plaza Almeria Remediation Reimbursement Agreement and Assignment of Claim between the Redevelopment Agency and J.T. Development Company. City Administrator Silver responded to Councilmember Sullivan's concern that a claim has not been filed with the state on behalf of J.T. Development. Economic Development Director Biggs stated that the J.T. Development Company would file this document. City Attorney Hutton reported on the matter. A motion was made by Sullivan, second Garofalo to approve and authorize execution of the Reimbursement Agreement And Assignment Of Claim Between The Redevelopment Agency Of The City Of Huntington Beach And J. T. Development Company for Costs Incurred For Environmental Remediation by the Chairman and Agency Clerk; approve an amendment to the current fiscal year budget in the amount of $28,329.80; and authorize the payment of $28,329.80 to J.T. Development Company, LLC, per the terms of the approved agreement. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: _ None ABSENT: Julien (CITY COUNCIL) APPROPRIATED FUNDS FOR WATER METER CREDITS AND APPROVED THE PREPARATION OF A FEE RESOLUTION FOR SINGLE-FAMILY RESIDENCES WITH FIRE SPRINKLER SYSTEMS — STAFF RECOMMENDATIONS APPROVED AS AMENDED (340.20) The City Council considered a communication from the Public Works Director regarding 150 single-family residences in the city that are served by two-inch water meters because the homes are required to have fire sprinkler systems. It has been determined that a one -inch meter would provide adequate water service. It is the consensus of Public Works and Fire Department staff that these homeowners should be charged the basic fee and surcharge based on the meter size necessary to meet only the domestic water demand. Residents with the oversized meters should be refunded the difference in the basic charges and surcharges paid since December, 1995. 344 3/15/99 - Council/Agency Minutes - Page 17 Director of Public Works Beardsley presented a slide report using the slide presentation announced earlier in the meeting by the City Clerk titled Review of Policy and Fees Single - Family Residences with Fire Sprinkler Systems dated March 15, 1999. Discussion was held between Councilmember Sullivan and Public Works Director Beardsley. Councilmember Sullivan stated reasons why he will vote against the recommended action as he does not believe non -elective persons should make decisions for the City Council relative to the water meter charge refund issue. In response to Councilmember Garofalo, the City Treasurer informed Council her system is ready and is awaiting programming changes. Fire Chief Dolder reported on the issue. City Treasurer Freidenrich, in response to Mayor Pro Tern Garofalo, stated that credit will be made and on an exception basis cash refunds will be made. A motion was made by Garofalo, second Green to approve Item No. 1 Approve the use of $75,000 in the Water Capital Projects to refund the differences in the monthly meter charge for the identified residences, Item No. 2 Appropriate $45,000 from the undesignated Water Master Plan Fund balance to refund the difference in monthly Master Plan surcharge based on meter size for the identified residences with the additional caveat that the refunds bear the signature of the Mayor as well as other staff members, and Item No. 3 Direct the City Attorney to prepare a fee resolution to adopt revised charges for single-family residences with fire sprinkler systems. The motion carried by the following roll call vote: Items Nos. 1 and 2: AYES: Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: Julien Item No. 3: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien Mayor Pro Tern Garofalo requested that the letter of refund to the residents show the name of the Mayor as well as the staff members signing the refund letter. The Council concurred with Mayor Pro Tern Garofalo's recommendation. (CITY COUNCIL) DEFERRED TO 4/5/99 MITIGATION MONITORING PROGRAM — ENVIRONMENTAL IMPACT REPORT NO. 97-1 (EIR) — CREST VIEW SCHOOL — WAL*MART — S/S TALBERT E/O BEACH BOULEVARD, DEFERRED THE FOLLOWING ITEM TO THE 4/5/99 COUNCIL MEEETING (440.50) The City Council considered a communication from the Planning Director recommending approval of a Mitigation Monitoring Program. The Mitigation Monitoring Program. requires implementation and completion of Mitigation Measures identified in Environmental Impact Report No. 97-1 (EIR) for the potential development of the closed Crest View School. EIR 97-1 was certified and adopted by the City Council on 12/14/98 along with the approval of General Plan Amendment 345 Page 18 - Council/Agency Minutes — 03/15/99 No. 97-1 and Zoning Map Amendment No. 1. The potential development is of a 130,342 square foot Wal*Mart with an 8,158 square foot garden center as well as three retail/restaurant pads ranging in size from 3,500 to 5,500 square feet. This item was deferred by Council to April 5, 1999. (CITY COUNCIL) APPROVED PROPOSED MORATORIUM ON REQUESTS FOR NEW OR ADDITIONAL PROJECTS REQUIRING STAFF TIME FOR THE REMAINDER OF FISCAL YEAR 1998199 (100.10) The City Council considered a communication from Councilmember Dettloff proposing that Council adopt a policy for the remainder of this fiscal year regarding additional work placed on staff. Councilmember Dettloff presented reasons for placing this item on the City Council agenda. A motion was made by Dettloff, second Garofalo to approve the following recommended actions: Place a moratorium on requests for new or additional projects requiring staff time for the remainder of Fiscal Year 1998-99 unless the project or program meets one of these four tests: 1. The project or program is an unanticipated emergency; 2. The project or program has a revenue source to provide additional staff resources; 3. Until the City Council reprioritizes the current list of projects and replaces a current project with the new request; or 4. The request for staff assistance can be completed in less than four hours as detailed in Administrative Regulation No. 102. The motion carried by unanimous vote with Councilmember Julien absent. Councilmember Sullivan left the Council meeting at 9:30 p.m. MAYOR PRO TEM GAROFALO'S REPORT REGARDING: EDWARDS HILL DEDICATION/MAYOR'S TRIP TO WASHINGTON D. CdCOCA-COLA SPONSORSHIP PROGRAM ATTENDANCE AT NATIONAL ASSOCIATION OF HISPANIC PUBLISHERS' CONVENTION Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication from Mayor Pro Tern Garofalo dated March 12, 1999 titled Council Liaison Report regarding the following subjects: Edwards Hill Dedication; the Mayor's trip to Washington, D.C.; the Coca-Cola agreement; and the National Association of Hispanic Publishers' Convention. Mayor Pro Tem Garofalo reported on his attendance and hosting of the dedication of Edwards Hill; that a portion of Edwards Hill between Slater and Garfield is now open to the public. He also reported on the opportunity he had had to represent the city on several national media interviews regarding the Coca-Cola Sponsorship Program agreement with the city. Mayor Pro Tern Garofalo also informed Council that it was his pleasure to represent the Mayor at the National Association of Hispanic Publishers' Convention at the Waterfront Hilton. 346 3/15/99 Council/Agency Minutes — Page 19 FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 97-4/ ZONING iMAP AMENDMENT 97-1/ NEGATIVE DECLARATION NO. 97-21 FINDINGS OF APPROVAL - ZONING TEXT AMENDl'IENT NO. 97-4/ZONING MAP Ai1IENDMENT NO.97-1: 1. Zoning Text Amendment No. 97-4 to consolidate and update the current Meadowlarl: Specific Plan and Meadowlark Property Conceptual Master Plan into a single document, to modify the Meado«lark Specific Plan to permit single family detached dwellings on small -lots and incorporate development standards for such development within the revised Specific Plan; and Zoning Map Amendment No. 97-1 to revise/update the Conceptual Master Plan -Exhibit II to reflect reduction in densities within the residential district of the Meadowlark Specific Plan resulting from Zoning Text Amendment No. 97-4 and establish the boundaries for four (4) residential planning areas with densities ranging between 9.5du/ net acre and 118du/net acre are consistent with the following objectives, policies, general land uses and policies specified in the General Plan. Goal L U 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Obiective LU9.1 Provide for the development of single-family and multi -family residential neighborhoods. Policy LU9.1.2 Require that single family residential units be designed to convey a high level of quality and character considering the following guidelines: a) Modulate and articulate building elevation, facades and masses (avoiding undifferentiated "box -like" structures). b) Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. c) Minimize the amount and width of the paving of front yards for drivewav and garage access. d) Encourage innovative and creative design concepts. e) Locate and design garages so that they do not dominate the street frontage. 347 3/15199 Council/Agency Minutes — Page 20 Obiective L U 9. 3 Provide for the development of new residential subdivisions and projects that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood and identity. Policy- LU 9.3.2 Require that the design of new subdivisions consider the following. a) Establish a street configuration involving the interconnection of individual streets that emphasizes a pattern of "blocks" rather than cul-de-sacs. b) Integrate public squares, mini parks, or other landscaped elements. d) Establish a common "gathering" or activity center within a reasonable walking distance of residential neighborhoods. This center may contain services, such as childcare or adult -care, recreation, public meeting rooms, recreational facilities, small convenience commercial uses, or similar facilities. e) Site common facilities around a public park or plaza.to encourage a high level of community activity. f) Establish a continuous network of sidewalks, bicycle and pedestrian paths, and other elements that link all community areas and provide linkages to land uses in adjacent areas. h) Site and design of units and incorporate elements, such as porches, that emphasize front }cards as an activity area and "outdoor living room." by locating garages in the rear or side yards. i) Consider reduced street widths to achieve a more "intimate" relationship between structures, to the extent feasible and in accordance with Huntington Beach Fire Department regulations. j) Consider an increase in front yard setbacks, sidewalk widths, and the inclusion of landscaped parkways, especially in neighborhoods where the street width is reduced. 1) Include setbacks and other design elements that buffer residential units from the impacts of abutting existing commercial and/or industrial development. Policy LU 9.3.3 Require that non-residential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures. 2. Zoning Text Amendment No. 97-4 and Zoning Map Amendment No. 97-1 are compatible with the uses authorized in, and the standards prescribed for, the Meadowlark Specific Plan zoning district. The proposed project will reduce the previously approved map density for development within the residential district of the Meadowlark Specific Plan area from six hundred (600) dwelling units to three hundred forty-five (345) dwelling units. 348 3/15/99 Council/Agency Minutes — Page 21 3. A community need is demonstrated for the change proposed. The compact lot design concept will provide a viable alternative to attached housing, allowing for fee -simple ownership of single-family detached homes at more affordable prices. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed residential densities within the Meadowlark Specific Plan area, range from 9.5 to 13.8 dwelling units per net acre, and provide a gradual transition between the commercial and medium high density attached residential uses (RMH) to the south of the property and the existing low density detached residential uses (RL) to the north, east and west. 6. Zoning Text Amendment No. 97-4 and Zoning Map Amendment No. 97-1 are consistent with the General Plan Land Use designation of Mixed -Use Specific Plan Overlay (M-sp) which permits development of commercial and residential uses and allows the Specific Plan to govern the exact density, location and mix of uses. The Meadowlark Specific Plan includes an existing commercial center and incorporates single family residential development at densities ranging between 9.5 to 13.8 dwelling units per net acre 7. The revised Specific Plan text incorporates a provision requiring one -hundred (100) ft. wide buffer between existing single family development adjacent to the. project site and any proposed attached or detached residential development of greater than seven (7) dwelling units per gross acre. The buffer provision stipulates that if detached single family homes are to be provided within said buffer area, the maximum density shall not exceed seven (7) dwelling units per gross acre in order to address land use compatibility issues related to compact lot development onto existing adjoining RL zoning districts. 8. The revised Specific Plan includes provisions for the application of the City's Infill Ordinance to ensure land use compatibility between land uses. 9. The revised Specific Plan incorporates product development provisions and design requirements to ensure high quality development that would not be detrimental to the values of adjacent properties. 10. The revised Specific Plan incorporates language for provision of adequate infrastructure inclusive of drainage, sewer, and water facilities as well as traffic control devices (i.e. traffic signals) per City Standards. 349 3/15199 Council/Agency Minutes — Page 22 11. Grading within the Specific Plan area will be govemed by soils, foundation and other geotechnical reports prepared by registered civil and geotechnical engineers, in accordance with building codes, established engineering practices and City Ordinances. Reasonable efforts will be taken in the design of improvements and building pads to minimize the amount of grading required, thus ensuring maximum compatibility with existing development . FINDINGS OF APPROVAL - NEGATIVE DECLARATION NO. 97-21 1. The Negative Declaration No. 97-21 has been prepared in compliance with Anicle 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. No comments were received during the comment period. 2. Mitigation measures incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated will have a significant effect on the environment. MITIGATION MEASURES FOR ENVIRON`'IENTAL CONCERNS: 1. Prior to recordation of Final Tract Map(s) the applicant must satisfy the City 's policy requiring ten percent (10%) of proposed units to be affordable by entering into an affordable Housing Agreement. The Affordable Housin' Agreement shall be subject to approval by the Planning Department. 2. The applicant shall provide a land use compatibility stud), in conjunction with the request for processing of a Conditional Use Permit for development of any portion of the residential segment of the Meadowlark Specific Plan area, identifying proposed design standards that will ensure compatibility of existing and proposed land uses. This study will be prepared consistent with Section 230.22 Residential Infill Lot Developments of the Huntington Beach Zoning and Subdivision Ordinance and shall be subject to the approval by the Planning Department. Prior to hearing on the subject proposal, an acceptable conceptual drainage/hydrology plan shall be submitted and approved by the Planning Works Department and Community Services Department. Prior to issuance of grading permits for the project, the applicant shall submit the final drainage/hydrology plan demonstrating that any effects to the City and County existing drainage systems resulting from buildout of the Meadowlark Specific Plan and CUP/TTM are reduced to'alevel less than significant. The subject plan shall be subject to approval by the Public Works Department. 350 3/15/99 Council/Agency Minutes — Page 23 4. During grading / construction, if a sump pit is encountered, drilling mud present must be sampled and tested to ensure that the material are non -hazardous, subject to the . approval of the Public Works Department and Fire Department. 5. Prior to issuance of grading permits, the applicant shall show proof that the abandoned oil well located on the site has been re -abandoned in accordance with current California Department of Conservation Division of Oil.. Gas and Geotechnical Resources (DOGGR)standards, subject to the approval of the. Public Works Department and Fire Department. Prior to issuance of grading permits the applicant shall ensure that during demolition of existing structures or the removal of potentially asbestos -containing materials, these materials shall be tested for the presence of asbestos. If it is determined that the materials are asbestos -containing, the materials shall be removed from the site and disposed of by licensed contractors in accordance with current regulatory standards, subject to approval of the Public Works Department and Fire Department. 7. Prior to issuance of grading permits, the applicant shall ensure that during demolition of existing structures or the removal of potentially lead -containing materials, existing building debris (i.e., paint) shall be handled in accordance with current regulatory standards, subject to the approval of the Public Works Department and Fire Department. 8. Prior to issuance of grading permits, that applicant shall ensure that during demolition of existing structures or the removal of potentially hazardous chemical -containing materials, these materials shall be handled by licensed contractors in accordance with current regulatory standards, subject to the approval of the Public Works Department and Fire Department. 9. Prior to issuance of building permits for the project, that applicant shall submit a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to minimize noise impacts. 10. Prior to issuance of building permits, the applicant shall ensure that lots proposed directly adjacent to Heil Avenue are properly attenuated from noise levels through implementation of six-foot barriers along Heil Avenue. This wall height is relative to the pad elevation. Location of this wall shall be in conformance with the location recommended in the Noise assessment. Noise barriers shall consist of a surface density of at least 3.5 pounds per square foot, and shall not have openings or cracks. The noise barriers for rear yard areas may be a wall, berm, or a combination of the two. The sound wall or any patio barrier that may be necessary may be constructed of 5/8-inch Plexiglas, any masonry material, or a combination of these materials. Plans for the proposed noise barriers shall be approved by the Planning Department. 351 3/15/99 Council/Agency Minutes — Page 24 11. Prior to Planning Commission hearing on the subject proposal the project shall be redesigned to mitigate noise impacts from the commercial center; to Planning Area 4. Noise mitigation shall be such that limits the height of the noise attenuation wall to a maximum of eight (8) ft. Prior to issuance of building permits, the applicant shall ensure implementation of the noise mitigation measures approved by the City to reduce exterior noise impacts on affected areas to levels of less than significant and in compliance with the City's noise Ordinance. Plans for proposed noise barriers shall be approved by the Planning Department. 12. Prior to issuance of building permits, the applicant shall provide an interior noise study prepared by a qualified acoustical consultant, which identifies building upgrades that will attenuate interior noise levels by at least 30 dba in order to achieve consistency with the City's interior noise ordinance. These upgrades could include upgraded windows and mechanical ventilation so that the windows could remain closed. This noise study shall be subject to the approval of the Planning Department. 13. The project shall comply with City parkland dedication requirements. The applicant shall dedicate and improve a minimum of 2.4 acres of park land and shall improve 0.8 acres of Gibbs Park per City standards. The cost of dedication and development shall be credited against the total park acquisition fees due per the number of units in the project. The public park land shall be flat with three acres of dry, usable park space. No water well may be installed which detracts from the usable park acreage. Developer shall provide perimeter parkin. 14. In the event that a Conditional Use Permit (CUP) and / or Tentative Tract Map (TTM) are requested to be considered for approval of a multiple -family attached residential project within Planning Area 4, the applicant shall comply with City parkland requirements applicable at the time of the CUP / TTM request. G:wol fe/zta974 352 3/15/99 Council/Agency Minutes — Page 25 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 97-80/ TENTATIVE TRACT MAP NO. 15469/ NEGATIVE DECLARATION 97-21 (MEADOWLARK) March 10, 1999 FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.97-21 The Negative Declaration No. 97-21 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. No comments were received during the comment period. 2. Mitigation measures for Negative Declaration No. 97-21 attached hereto shall become part of the project conditions of approval, (unless superseded by more restrictive TTM/CUP conditions), and will avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures address a number of potential impacts including: affordable housing requirements, land use compatibility, noise impacts and hazardous materials. 3. There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated will have a significant effect on the environment. FINDINGS FOR APPROVAL - TENTATIVE MAP NO. 15469: 1. Tentative Tract Map No.15469 for subdivision of 48.4 Qross acres for the purpose of developing a 313 unit residential community is consistent with the General Plan Land Use Element designation of M-sp (Mixed Use- Specific Plan) on the subject property and the amended Meadowlark Specific Plan, as approved by the Planning Commission. The number of units in each planning area are as follows: PA1-62; PA2-51, PA3-113, and PA4-87. Detached single family homes on small -lots are a permitted use. 2. The site is physically suitable for the type and density of development at 9.8 units per net acre (6.5 units per gross acre). The site was previously approved for a higher intensity of land use (12.4 units per gross acre). The size, lot frontage, street sections and other design features of the proposed subdivision, as proposed or conditioned, are in compliance with the amended Specific Plan. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project was evaluated in Negative Declaration No. 97-21 and will comply with appropriate mitigation measures. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision, as conditioned, will provide all necessary easements and will not affect any existing easements. 353 3/15/99 Council/Agency Minutes — Page 26 FINDINGS FOR APPROVAL - CONDITIONAL USE PERIMIT NO. 97-80: Conditional Use Permit No. 97-80 for the establishment of the 313 dwelling unit planned community and reduced front yard setbacks in PA1 (pursuant to section 4.5.A.PA1.7.a of the Meadowlark Specific Plan) and PA2 (pursuant to Section 4.5.A.PA2.7.a of the Meadowlark Specific Plan) will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. There are 62 single family residence detached units in PA-1, 51 single family residence detached in PA-2, 113 single family residence detached units in PA-3, and 87 single family residence detached units in PA-4. A total of 244 on -street guest spaces will be provided as well as an additional number of parking spaces provided on the spine road. The proposed project as conditioned will provide the necessary infrastructure and site improvements to accommodate the needs of project residents and the adjoining community. PAl and PA2 represent innovative development concepts and result in an improved street scene. 2. The conditional use permit request, as conditioned, will be compatible with surrounding residential and commercial uses. The proposed buffer areas between the existing easterly adjacent properties and PA3, project grading, site design and subdivision layout, and numbers on on -street guest spaces will properly adapt the proposed structures to streets, driveways and other adjacent structure and uses in a harmonious manner. The proposed residential development, as conditioned, will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use. The proposed use will meet the approved Meadowlark Specific Plan, HBZSO and HBOC provisions, including, lot size, setbacks, density and parking. PA1 and PA2 provide a creative layout and include innovative architecture and design. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of M-sp (Mixed Use -Specific Plan) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. L U 9.1.2: Require that single-family residential units be designed to convey a high level of quality by considering the following guidelines: a. Modulate and articulate building elevation, facades and masses (avoiding undifferentiated "box -like" structures). d. Encouraging innovative and creative design concepts. B. LU 9.3.2: Require that the design of new residential subdivisions consider the following: b. Integrate public squares, mini -parks, or other landscape elements. 354 3115/99 Council/Agency Minutes — Page 27 i. Consider reduced street widths to achieve a more "intimate" relationship between structures to the extent feasible and in accordance with Huntington Beach Fire Department regulations. CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 15469: The tentative tract map received and dated October 19, 1998, shall be the approved map as revised or amended by the Meadowlark Specific Plan provisions and development standards and the conditions of project approval. 2. The project shall comply with parkland dedication requirements. Developer shall dedicate a minimum of 2.4 acres of park land and shall pay parkland dedication in -lieu fees to satisfy the remaining project parkland dedication obligation. The developer shall improve 2.4 acres of park land and an adjoining .8 acres of Gibbs Park to City specifications. The cost of the 3.2 acre park improvements will be credited to the payment of in -lieu fees. (This would not include any related improvements associated with the detention basin.) In -lieu fees shall be assessed at a land value rate equal to $500,000 per acre. The balance of park land in -lieu fees shall be deposited into the Park Acquisition and Development Fund. The proposed neighborhood public park shall be flat and shall provide at a minimum three (3) acres of dry, usable park space. (Community Services) Retaining walls shall be setback a minimum of four (4) ft. from the back of sidewalks. No retaining walls shall be permitted within the "Spine Road" street ROW. 4. Lot "N" shall be reconfigured to provide a minimum of ten (1,0) ft. landscape buffer along Airport Circle and pedestrian access only between Roosevelt Lane and Airport Circle. The remaining portion of the subject lot shall be incorporated within the adjoining residential lots. 5. Wall and fence plans shall be submitted and approved by the Planning, Building and Public Works Department. Prior to construction of any new walls, a plan shall be submitted identifying the removal of any existing walls next to new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 6. Decorative paving shall be provided at main project entrances (Heil Ave/Spine Road and Plaza Lane/Spine Road) and at all entry points to each of the Planning Areas. The type of enhanced paving materials to be provided shall be subject to review and approval by the Public Works and Planning Department. 7. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall: a) reflect and address the common driveway access easements, use easements, landscape easements, maintenance easements as well as maintenance of all walls and common landscape areas by the Homeowner's Association; b) require use of the garages for automobile storage; a minimum of eighteen (18) ft. by nineteen (19) ft. shall be maintained clear of any obstruction for automobile parking; c) limit additions to and exterior modification of dwelling units within all planning areas in accordance with Meadowlark Specific Plan provisions; d) include enforcement of "no -parking" areas and include language similar to the letter from F. Scott 355 3/15199 Council/Agency Minutes — Page 28 Jackson dated December 2, 1998. The CC&Rs shall be in recordable form prior to recordation of the map. 8. Street lighting shall be designed and constructed to comply with Meadowlark Specific Plan provisions pertaining to decorative street lighting. Street lighting levels along street "A" shall be increased to provide pedestrian visibility per Public Works Department. (P`v). 9. Fire hydrant locations shall be approved by the Fire Department. (FD) 10. Tentative Tract Map No. 15469 shall comply with all mitigation measures of Negative Declaration No. 97-21 (attached hereto and becoming a part thereon) unless mitigation measure(s) are superceded by more restrictive conditions of project approval. 11. Tentative Tract Map No. 15469 shall comply with American Disability Act (ADA) Standards. 12. Prior to recordation of the final map and unless otherwise stated, the following conditions shall be completed. Bonding may be substituted for construction in accordance with the provisions of the Huntington Beach Zoning and Subdivision Ordinance. a. An affordable housing plan shall be submitted to the City of Huntington Beach, in accordance with Meadowlark Specific Plan provisions. The plan shall provide for affordable housing on -site or off -site. The contents of the affordable housing plan shall include the following: 1) Ten percent (10%) of the total units proposed shall be affordable to low and moderate income level households (maximum 100% of the Orange County Median Income) for a period of thirty (30) years. 2) A detailed description of the type, size, location and phasing of the units being built. 3) If rental units are used to satisfy this condition, then the units shall be for households earning between 50%-80% of the Orange County Median Income. b. All vehicular access rights to all public and private streets within the proposed subdivision including Heil Avenue and Street "A" shall be released and relinquished to the City of Huntington Beach except at locations approved by the City. (PW) c. A final sewer study shall be submitted for Public Works approval. The development shall design the sewer system required to serve the development. (PW) d. A letter of acceptance for additional sewer flows shall be required from the Orange County Sanitation District. (PW) The water improvements shall be designed as shown on the approved Tentative Tract Map, and per the City of Huntington Beach Water Division's Standard Plan, Specifications and Design Criteria. The Developer shall submit a final water system analysis with calculations with the project's first plan check to confirm appropriate sizing and layout. If the analysis shows that fire flow demands cannot be met with the City's current water pipeline infrastructure, the developer will be required to upgrade the City's pipeline system to meet the demands at no cost to the City. The City of 356 3/15/99 Council/Agency Minutes — Page 29 Huntington Beach Water Division shall approve all changes or additions to pipeline infrastructure. Any new infrastructure constructed in the public right-of-way shall be dedicated to the City upon successful completion of the project, and shall conform with all bacteriological testing requirements. (PW) f. The applicant will work with the Fire Department to assure that the street name of "A" Street will be consistent from south of Warner through the north side of Heil Avenue. The applicant will be responsible for any modification to existing signage due to name changes. (PW) y g. Final hydrology and hydraulic studies for both on and off site facilities shall be submitted for Public Works review and approval. Drainage easements and lots designated as detention areas shall also be shown on the Final Map as directed and approved by the Department of Public Works. On -site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. Runoff from the site shall be restricted as directed by the Department of Public Works to minimize impacts to downstream facilities. Drainage flows from adjacent properties will be accepted and mitigated as part of the onsite drainage improvements. If the detention facilities are proposed within park areas, all storm flows up to and including the 10 year event shall be contained below grade. Any surface water detention above the 10 year event shall not be allowed to pond above grade for more than 2 hours. Porous soil and an underdrain system will be incorporated in the park and field areas at the direction of the Public Works Department to insure these areas maintain the required drainage associated with active park use. (PW) h. The Developer shall design off -site drainage improvements as required by the Department of Public Works to mitigate the impact of increased runoff due to development, and pass through flows, to deficient downstream drainage systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. All storm inlets shall be grated. (PW) i. Streets "B" through "H", "J" and "L" shall be designed per modified Standard Drawing 104 with 50 ft. of right-of-way, and with a 32 ft. curb to curb width. Sidewalks shall be 4 ft. wide minimum with a 5 ft. wide parkway adjacent to curb. Parking shall be restricted to one side. (PW) j. Street "I" and "K" shall be designed per modified Standard Drawing 104 with 50 ft. of right of way, and with a 40 ft. curb to curb width. Sidewalks shall be 5 ft. wide minimum adjacent to the curb. Parking shall be permitted on both sides of the street. (PW) k. All street grades shall be a minimum of 0.50%. (PW) 1. Streets "M" through "Z" and "AA" through "BB" shall be designed per Standard Drawing 104 (42'/32'). The sidewalk shall be 5 ft. wide minimum with "pop -out" sections outside the street right of way around street furniture to comply with ADA requirements. Parking shall be restricted to one side. (PW) 357 3/15199 Council/Agency Minutes — Page 30 m. A final on -street parking layout plan shall be submitted as part of the street improvement plans for all private and public streets. The parking and roadway layout shall be analyzed by a registered traffic engineer for sight -distance, pedestrian safety and all -way stop sign warrants at key intersections prior to acceptance by the Public Works Department. The parking layout plan shall conform to City standards and the City's Subdivision Ordinance and Municipal Code requirements including Municipal Ordinance No. 10.40.050. No on -street parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Specifications 401 and 415. This plan shall be used for parking control by the HOA. Streets where parking is permitted on one side only shall have the "no parking" side painted with a red stripe visible to the driver, and "no parking — fire lane" signs shall be posted prior to any move -ins. Fire lanes shall also be designated in compliance with City Fire Department Specifications 401 and 415. A total of 244 on -street guest parking spaces, exclusive of guest and park parking provided on Street `'A" (Spine Rd), shall be provided; each planning area shall maintain at least a .5 space per unit (based upon the exhibits presented by the applicant and attached to the staff report). (P`'V/Planning) n. The developer shall design and construct a traffic signal at the intersection of Heil Avenue, Street "A" and Del Mar Lane. (PVV) o. The southerly 29 ft. of existing Pearce Street and all of the new proposed Pearce Street to the intersection of "K" Street shall be dedicated to the public for street and public utility purposes per modified Standard Plan No. 104 (29'/20' half section). The sidewalk shall be 4 ft. wide minimum with a 5 ft. wide parkway adjacent to the curb. (PYO p. Street "A" shall be dedicated to the public for street and public utility purposes. The street section shall be designed per modified Standard Plan 104 with 60 ft. of right of way and a 32 ft. curb to curb width. Additional parking on Street "A" shall only be permitted per the approved parking layout plan in pockets located within the parkway. The pockets shall include curb radius transitions. A meandering 6' wide sidewalk shall be incorporated in the parkway on each side of the street. The intersection of "A" Street and Heil Avenue shall align with Del Mar Lane. A queue length analysis shall be performed to provide adequate stacking for left turn movements from "A" Street to Heil Avenue. (PW) q. Those portions of the sewer and storm drain system which are in private streets shall be maintained by the HOA. (PW) r. All street intersections shall intersect at 90 degrees or radialy to curved streets. The developer shall perform sight distance analysis (using a design of 35 mph) for all intersections along Street "A". (PW) s. The developer shall design signing, striping and street lighting in accordance with Public Works Standards and the Specific Plan t. The southerly 18 ft of Heil Avenue shall be dedicated to the public for street and public utility purposes. (PW) 358 3/15/99 Council/Agency Minutes — Page 31 u. Heil Avenue shall be designated per the City's Standard Plan No. 102, modified, (100'/70'), including a 7 ft bike lane on the south side of Heil Avenue. The developer shall design protected left turn pockets, (150 ft in length) in both directions on Heil Avenue, (design speed 50 MPH). The developer shall dedicate additional right-of-way, if necessary, on Heil Avenue to permit installation of the protected left turn pockets as directed by the Department of Public Works. (PvV) v. An additional 12 ft. of landscaping shall be required adjacent to the Heil Avenue right- of-vvay. Landscaping improvements shall be designed and installed per Public Works Standards. This landscaped area shall be contained within an easement for maintenance by the HOA. (PW) w. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. (PW) x. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: 1) An easement over the private streets for Police, Fire Department, and utility maintenance access purposes. 2) A 2 ft. public utility easement adjacent to the street right-of-way, as shown on said map (7 ft parkways or less). 3) The water system and appurtenances as shown on the improvement plans. 4) Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, and replacing the water system. 5) The easements for sewer and storm drain purposes as shown on said map, with maintenance by the HOA. 6) All perimeter, streetscape, community open space and greenbelt areas, Norma Gibbs Park extension and other required landscape improvements shall be dedicated with the first phase of development. (PW) y. The developer shall provide a 10 ft (minimum) wide decorative pavement section at the joint points of the public streets, excluding Pearce Street east of Street "K" per the City's direction. The decorative pavement section shall end at the curb returns in the private street portion. (PW) z. A phasing map shall be submitted for approval to the Public Works Department showing improvements to be constructed and right of way to be dedicated with each phase. All required infrastructure, including all public streets and Street "I" and "K" shall be designed and constructed with the first phase. (PW) aa. The engineer or surveyor preparing the final map shall comply with sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub -article 18 for the following items; 1) Tie the boundary of the map in the Horizontal Control System established by the County Surveyor 2) Provide a digital -graphics file of said map. (PW) 359 3115/99 Council/Agency Minutes — Page 32 bb. All improvement securities (Faithful Performance, Labor & Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (PW) cc. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (P`V) dd. All Public Works fees shall be paid. (PNV) ee. A cash payment in the amount of S35,000.00, in addition to any traffic impact fee due; shall be made to the City, for the developer's share of the fixture traffic signal at the intersection of Bolsa Chica Street and Pearce Street as specified in the Meadowlark Specific Plan. (P") ff. Tentative Tract Map No. 15469 (PA 4) shall be revised to accommodate the proposed architectural design and comply with minimum setbacks, inclusive of side yard setbacks. gg. A copy of the CC&R's shall be submitted to the Department of Public Works for review and approval. The CC&R's shall provide as a minimum: 1) The HOA shall be responsible for performing regular maintenance and monitoring of the storm water system in conformance with the Storm Water Quality Management Plan for the development. 2) All public fire hydrants within the development shall be kept clear of landscaping and improvements per City requirements and standards and painted as required. 3) The Huntington Beach Police Department shall not be restricted from enforcing all parking regulations and the citation of violations for any parking not permitted by the approved parking plan for the project. 4) Red curb for "No Parking" zones shall be maintained yearly by the HOA. 5) Provisions shall be made in the CC&R's to prescribe street sweeping guidelines performed by the HOA. Guidelines shall be in conformance with City requirements. (PW) hh. Rolled curbs shall be provided on all private streets. ii. Emergency vehicle access shall be provided at the end of the cul-de-sacs as deemed necessary by the Fire Department. (FD) jj. Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification #401. (FD) kk. The developer shall pay a proportional share for the signalization of the Heil/Graham intersection as determined by a traffic impact analysis approved by the Department of Public Works. (P`V 360 3115/99 Council/Agency Minutes — Page 33 13. The following conditions shall be completed prior to issuance of grading permits. a. A Grading Plan, prepared by a registered Civil Engineer, shall be submitted for review and approval. The Grading Plan shall include design of the detention basin area within the proposed park site. This plan shall also include an erosion and silt control plan for all water runoff during construction and site preparation work. Final grades and elevations on the Grading Plan shall not vary by more than 1 ft. from the grades and elevations on the approved Tentative Map. (PW) b. A detailed soils analysis shall be prepared by a registered Civil Engineer. This analysis shall include on -site soils sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. (PW) c. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. The Developer shall submit irrigation demands to ensure proper irrigation service sizing. (P`V) d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. Water quality BMP and education information shall be included in the CC&R's. (PW) e. The Developer shall coordinate with the City of Huntington Beach Traffic Engineering Division in developing a truck and construction vehicle routing plan. This plan shall specify the hours in which transport activities can occur and methods to minimize construction related impacts to adjacent residents. These plans must be approved by the Department of Public Works. (P`V) f. The Developer shall submit to the Fire Department proof that the abandoned oil well located on the site has been re -abandoned in accordance with current California Department of Conservation Division of Oil, Gas and Geotechnical Resources (DOGGR) standards, subject to the approval of the Public Works Department and Fire Department. (Mitigation Measure) g. The Developer shall ensure that during demolition of existing structures or the removal of potentially asbestos -containing materials, these materials shall be tested for the presence of asbestos. If it is determined that the materials are asbestos -containing, the materials shall be removed from the site and disposed of by licensed contractors in accordance with current regulatory standards, subject to approval of the Public Works Department and Fire Department. (Mitigation Measure) h. The Developer shall ensure that during demolition of existing structures or the removal of potentially lead -containing materials, existing building debris (i.e., paint) shall be handled in accordance with current regulatory standards, subject to the approval of the Public Works Department and Fire Department. (Mitigation Measure) 361 3/15199 Council/Agency Minutes — Page 34 The Developer shall ensure that during demolition of existing structures or the removal of potentially hazardous chemical -containing materials, these materials shall be handled by licensed contractors in accordance with current regulatory standards, subject to the approval of the Public `Yorks Department and Fire Department. (Mitigation Measure) 14. The following conditions shall be completed prior to issuance of building permits. a. No combustible constriction shall occur until the approved water system has been installed. b. The water system shall be located within vehicle travelways dedicated to the City where possible. Ground cover, hardscape and/or softscape over water lines shall be approved by the Water Division. The developer or any other subsequent HOA shall enter into a Special Utility Easement Agreement with the City, which shall address repairs to any enhanced pavement, walls, fencing, curb, gutter, landscaping, etc. by other than City forces (at no cost to the City), if City water mains require maintenance or repair. Construct off -site drainage improvements as required by the Department of Public Works to mitigate impact of increased run-off, due to development, or deficient, downstream drainage systems. Design all necessary drainage improvements shall provide mitigation of all rainfall event frequencies up to 100-year frequency. d. The Developer shall submit a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to minimize noise impacts. e. The Developer shall provide an interior noise study prepared by a qualified acoustical consultant, which identifies building upgrades that will attenuate interior noise levels by at least 30 dba in order to achieve consistency with the City's interior noise ordinance. These upgrades could include upgraded windows and mechanical ventilation so that the windows could remain closed. This noise study shall be subject to the approval of the Planning and Building Department. f. The Developer shall ensure proper noise attenuation for lots proposed directly adjacent to Heil Avenue through implementation of six-foot barriers along Heil Avenue. This wall height is relative to the pad elevation. Location of this wall shall be in conformance with the location recommended in the Noise assessment. Noise barriers shall consist of a surface density of at least 3.5 pounds per square foot, and shall not have openings or cracks. The noise barriers for rear yard areas may be a wall, berm, or a combination of the two. The sound wall or any patio barrier that may be necessary may be constructed of 5/8-inch Plexiglas, any masonry material, or a combination of these materials. Plans for the proposed noise barriers shall be approved by the Planning and Building Departments. (Mitigation Measure) 362 3/15/99 Council/Agency Minutes — Page 35 g. The Developer shall ensure proper noise attenuation for lots proposed along the southerly boundary of Planning Area 4 adjacent to the commercial center (Meadowlark Plaza) and Planning Area 1 adjacent to Heil Ave. through construction of a noise attenuation wall. The height of the walls (as measured from the highest adjacent grade) shall be 8' in height; portions of the wall adjacent to the commercial center along the southerly property line may be up to 12' in height. The truck loading dock areas on the commercial center site shall be enclosed (as agreed to at the Planning Commission meeting). The Developer shall ensure implementation of the noise mitigation measures approved by the City to reduce exterior noise impacts on affected areas to levels of less than significant and in compliance with the City's Noise Ordinance. Final plans for proposed noise barriers shall be in accord with noise study and approved by the Planning and Building Departments. (Mitigation Measure) 15. During grading / construction, if a sump pit is encountered, drilling mud present must be sampled and tested to ensure that the material are non -hazardous, subject to the approval of the Public Works Department and Fire Department. 16. The following conditions shall be completed prior to final occupancy. (PW) a. Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppression water services. b. Each proposed dwelling unit shall require a separate domestic meter and service. All domestic water meters shall be sized in accordance with the UPC and the requirements of the City of Huntington Beach Building Department and the Fire Department. c. All existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance. In addition, all electrical transformers shall be in stalled underground. d. The entire public park, including the extension onto Norma Gibbs park, shall be improved to Public Works Standards. The developer shall provide for a minimum of 20 parking stalls on Street "A". Onespace shall be ADA compliant, and shall be located along the public park frontage. e. All public infrastructure improvements, perimeter, streetscape, community open space and greenbelt areas, public park and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in. Private infrastructure shall be constructed per the approved phasing plan. f. Soil tests for agricultural suitability, fertility and appraisal, from the site to be landscaped, shall be submitted for review and approval by Park, Tree and Landscaping Division of Public Works. Test results and corrective recommendations by the Testing Lab shall be included in the Landscape Plan Specifications for construction. 363 3115/99 Council/Agency Minutes — Page 36 g. Existing mature trees that are to be removed must be replaced at a 2:1 ratio with a 36" box tree or palm equivalent. The Developer shall have a consulting Arborist quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. h. All landscaping irrigation and planting installation shall be certified to be in compliance with the City approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. i. All streets shall be fully improved per the conditions of approval. A block wall (solid grouted) shall be constructed along the southerly boundary as required per Condition No. 16.g. herein. (Mitigation Measure) k. A "Landscape Maintenance License Agreement" is required for the continuing landscaping maintenance along Street "A" and Heil Avenue by the Homeowners Association. 1. Street lighting for Heil Avenue and all other streets shall be owned by Southern California Edison Co. Street lighting shall be constructed in accordance with City Standards and Meadowlark Specific Plan requirements pertinent to provision of decorative lighting fixtures. m. The Developer shall install 150 ft left turn pockets at the intersection of Heil Avenue, Street "A" and Del Mar Lane. n. The Traffic Impact Fee shall be paid prior to issuance of certificate of occupancy. 17. The project shall comply with Negative Declaration No. 97-21 mitigation measures unless superseded by more restrictive conditions of approval contained herein. 18.The Planning and Public Works Directors ensure that all conditions of approval are complied with. If any changes to the Tentative Map occur, these two Directors shall be notified in writing. The final map shall not be recorded until these Directors have reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NO. 15469: The Final Map shall not be accepted by the City Council until ZMA No. 97-1 and ZTA No. 97-4 are approved and in effect. Once complete, the Final Map shall be accepted by the City Council , recorded with the Orange County Recorder and a copy filed with the Planning Department. 364 3/15/99 Council/Agency Minutes — Page 37 2. Park and Recreation Fees shall be paid prior to acceptance of the Final Map by the City Council. 3. State Mandated school impact fees shall be paid prior to issuance.of building permits. 4. All applicable Public Works fees shall be paid prior to map recordation. 5. Tentative Tract Map No. 15469 shall become null and void unless exercised within two rears from the date of final approval. An extension of time may be granted by the Director of Planning pursuant to written request submitted to the Planning Department a minimum of 30 days prior to the expiration date. 6. The applicant shall submit a check in the amount of S38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two days of the City Council action. CO\TDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-80: 1. The Conditional Use Permit plans/documents received and dated October 19 - 21, 1998, shall be the conceptually approved plans with the following modifications: a. The Conditional Use Permit plans/documents shall be revised to comply with the Meadowlark Specific Plan provisions and development standards and any other applicable provisions of the HBZSO and HBOC, inclusive of public park dedication, building setbacks, building height, parking and storage requirements. b. Garage driveway widths shall be designed in accordance with HBZSO Section 231.18 DA. and Municipal Ordinance 17.20.010 and 17.20.030. Turning radius' on angled driveways shall be adequate to allow turns in one movement to enter garage entry areas. Depict all utility apparatus, such as, but not limited to, fire hydrants, back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. For zero lot -line construction, the maximum separation between building wall and property line shall not exceed two (2) inches. f. The southwest portion of Planning Area 4 shall be redesigned to provide at a minimum a ten (10) ft wide landscape buffer along Airport Circle, the remaining portion of Lot "N" shall be incorporated within the adjoining private residential lots. 365 3/15199 Council/Agency Minutes — Page 38 g. The Wall and Fence plan dated October 19, 1998 shall be revised as follows: 1. Incorporate "theme wall" design treatment along Lot "L"; 2. Incorporate front yard fence design options: 3. Identify block walls in accordance with condition 14.g of the Tentative Tract Map; 4. Wrought iron fencing along rear property lines of lots adjacent to the public park; 5. Location of wood fences for interior and rear yards not abutting a street; 6. Block walls along exterior side yards, and rear yards abutting a street, and for all project perimeter property lines abutting existing properties. h. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. i. Product mix modifications shall be subject to review and approval by the Planning Department. j. Planning Area 1, Floor Plan 2 and associated conditional use permit and tentative tract map documents shall be revised to comply with the approved Meadowlark Specific Plan parking requirements. Redesign parlor so as not to constitute a bedroom by definition of the Huntington Beach Zoning and Subdivision Ordinance. k. Planning Areal, Floor Plan') includes a master retreat adjacent to a master bedroom which shall not constitute a separate bedroom provided there is a wall opening of minimum six (6) feet or that it is accessed through a master bathroom. No exterior stairways accessing either a dwelling, or balcony/deck shall be permitted. 1. The architectural plans for all dwelling units within PA-2 shall be revised to comply with Meadowlark Specific Plan maximum building height requirements (30 ft. maximum). m. The dwelling unit on Lot 39 (PA-2) shall be re -plotted to comply with the minimum 10 feet exterior side yard setback. n. Plan 2 and 2X (PA-2) shall be revised to comply with the minimum 20 feet (width) by 20 feet (depth) interior garage dimensions. Plan 2X and 3X (PA-2) shall be revised to eliminate the excess substandard compact and tandem parking. Excess tandem/compact parking areas shall be allocated to alternate uses and shall comply with the Meadowlark Specific Plan parking requirements. o. Interior garage dimensions for PA-3 and PA-4 shall be pursuant to the plans presented to the Planning Commission at their December 3, 1998 meeting. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 366 3/15/99 Council/Agency Minutes — Page 39 b. Points of interest (architectural, landscaping, recreational and sculptural), seating areas and functional pavilions shall be incorporated within the overall pedestrian promenade/ Spine Road design theme. A detailed plan specifying the proposed design elements shall be submitted to the Planning Department for review and approval by the Design Review Board. c. Decorative street furniture and light fixtures shall be incorporated within the Meadowlark Specific Plan area (PA 1- PA 4). Street furniture and light fixture specifications and locations shall be submitted to the Planning and Public Works Departments for review and approval by the Design Review Board. d. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 409. (FD) e. Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval b­ the Fire Department. f. The Planning Department shall review and approve the following: 1) Enhanced architectural treatment for building facades visible from public right-of- way, open space areas and parks sites. 2) Revised site plan and elevations as modified pursuant to Condition No. 1. g. The following Fire Department requirements shall be noted on the building plans. 1) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 3) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. (FD) 4) Automatic sprinkler systems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 5) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) 6) The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) 367 3/15/99 Council/Agency Minutes — Page 40 h. Residential type structures on the subject property, whether attached or detached, shall be constructed'in compliance with the State acoustical standards set forth for units that lie . within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). (Code Requirement) i. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) j. An engineering geologist shall be engaged to submit a report indicating 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. (Code Requirement) k. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. I Prior to issuance of grading permits, blockwall/fencing plans shall be submitted to and approved by the Planning and Building Department. Double walls shall be discouraged. If double walls are proposed, evidence that the adjacent property owner does not agree to have their existing wall removed shall be submitted. In addition, the double walls shall be designed with the narrowest separation possible and shall include lightweight fill into the gap to reduce crevice areas.. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. The height of the required noise attenuation wall along the southerly project boundary, adjacent to the Meadowlark Plaza, shall be measured from the highest adjacent grade. 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing 9 3/15/99 Council/Agency Minutes — Page 41 plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. c. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (Code Requirement) d. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) e. The property owner shall sign, notarize, and record with the County Recorder a covenant assuring that the single family residences will be maintained as one (1) dwelling unit. f. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and the Huntington Beach Fire Department prior to any construction. (PW) g. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase.and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. h. Submit a letter of map revision from FEMA declaring the lot(s) exempt from floodplain requirements or submit a copy of completed FEMA Elevation Certificates) for each unit to the Planning Department. i. Public park improvement plans for the 3.2 acres must be reviewed and approved by Public Works and Community Services Staff, and Community Services Commission. j. Affordable Housing Plan shall be approved. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); 369 3/15/99 Council/Agency Minutes — Page 42 e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit inspection and approval of the first residential unit, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to the Planning Department. b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein including. 1) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 2) Address numbers will be installed to comply with City Specification No. 428. (FD) 3) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. (FD) 4) Automatic sprinkler systems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards. (FD) c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. d. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. e. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) f. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) g. If the lots are not considered exempt by FEMA, a second elevation certificate shall be submitted to the Planning Division for each unit "as built." h. All public infrastructure improvements, perimeter, streetscape, community open space and greenbelt areas, public park and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in. Private infrastructure shall be constricted per the approved phasing plan. 7. The project shall comply with Negative Declaration No. 97-21 mitigation measures unless superseded by more restrictive conditions of approval. 370 3/15/99 Council/Agency Minutes — Page 43 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 9. Approval of Conditional Use Permit No. 97-80 is contingent upon approval of Zoning Text Amendment No. 97-4 and Zoning Map Amendment No. 97-1 by the City Council, and shall become effective 30 days after the adoption of the Ordinance adopting the Meadowlark Specific:Plan amendments and following the ten day project appeal period. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-80 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-80, pursuant to a public hearing for revocation, if any vi61aftohNof ihesedconditions;, Meadowlark Specific Plan, or applicable sections of the Huntington Beach Ordinance Code, Zoning and Subdivision Ordinance, or Municipal Code occurs. 3. All applicable Public Works fees shall be paid. (P`V) 4. Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy. (PW) 5. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. A Certificate of Occupancy must be issued by the Building Department prior to occupy of building on the project site. 7. Park and Recreation fees shall be paid prior to approval of the Final Map by the City. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 10. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 371 Page 44 - Council/Agency Minutes — 03/15/99 ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 29, 1999 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: ��� City Clerk/Clerk City Clerk and ex-officio Clerk ofIffie City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 372