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HomeMy WebLinkAbout2002-09-24MINUTES Huntington Beach Planning Commission Tuesday, September 24, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:15 p.m. 1. 5:15 p.m. GENERAL PLAN AMENDMENT NO. 02-02; LOCAL COASTAL PROGRAM AMENDMENT NO.02-02 (ORANGE AVENUE) — Jason Kelley 2. 5:30 p.m. PARKSIDE ESTATES PROJECT OVERVIEW (171 SFR) — Mary Beth Broeren/ Scott Hess 3. 6:15 p.m. AGENDA REVIEW —Herb Fauland 4. 6:25 p.m. PUBLIC COMMENTS — Mrs. Julie Bixby spoke regarding the Parkside Estates Project. Regular Meeting City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE — Led by Commissioner Stanton P P P P P P P ROLL CALL: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter AGENDA APPROVAL A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO MOVE NON-PUBLIC HEARING ITEM NO. D-1 TO THE BEGINNING OF THE AGENDA, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes September 24, 2002 Page 2 THE FOLLOWING ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER. A. ORAL COMMUNICATIONS Mike Ramsey, Gothard Street, Huntington Beach, spoke in opposition to Item No. B-3 (The Strand), voicing concerns about potential damages that may occur to existing buildings during construction. Kenneth Yglesias, representing the Huntington Beach Chamber of Commerce and Goldenwest College, spoke in support of Item No. B-3 (The Strand). Jeff Oderman, Attorney for the Abdelmuti Development Company and H. B. Citizens Against Redevelopment Excess (CARE) spoke in opposition to Item No. B-3 (The Strand). Jim Lane, H.B. CARE, voiced concerns related to Item No. B-3 (The Strand), including alley abandonments, parking, special permits, and the effects of the project on nearby historical properties. Jerry Holdren, Cold Stone Creamery, spoke in support of Item No. B-3 (The Strand) and how the proposed project will help downtown businesses thrive. Eldon Bagstad, El Don Liquor, spoke in opposition to Item No. B-3 (The Strand), voicing concerns related to setback measurements on 51h Street, property damage and loss of business during construction. Clem Dominguez, Main Street, Huntington Beach, spoke in opposition to Item No. B-3 (The Strand), describing the traffic study and parking plan as poor, and discussing how the proposed project benefits the Redevelopment Agency. Bob Bolen, Main Street, Huntington Beach, voiced concerns related to Item No. B-3 (The Strand) and parking. He also informed the Commission of his opposition to the parking in -lieu fee..,, - Dean Albright, Huntington Beach Tomorrow, spoke in opposition to Item No. B-2 (Parkside Estates), discussing issues related to water subsidence, seismic activity, and possible water rate increases. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. GENERAL PLAN AMENDMENT NO. 02-02: LOCAL COASTAL PROGRAM AMENDMENT NO. 02-02 (AMEND CIRCULATION ELEMENT): Applicant: City of Huntington Beach Public Works Department Request: Deletion of a segment of Orange Avenue between Goldenwest Street and Palm Avenue from Figure CE-13 in the Circulation and Coastal Elements of the General Plan. Location: Orange Avenue between Goldenwest Street and Palm Avenue. Project Planner: Jason Kelley (02pcm0924) PC Minutes September 24, 2002 Page 3 General Plan Amendment No. 02-02 request: — Amend Figure CE-13, Circulation Plan of Arterial Streets and Highways, to reflect the deletion of a segment of Orange Avenue between Goldenwest Street and Palm Avenue. Local Coastal Program Amendment No. 02-02 request: — Amend the City's Local Coastal Program Land Use Plan by deleting the extension of Orange Avenue from Goldenwest Street to Palm Avenue on the Circulation Plan of Arterial Streets and Highways. Staff recommends approval of the amendment to the Circulation Plan of Arterial Streets and Highways for the following reasons: — The amendment of the Circulation Plan is consistent with the goals, policies, and objectives of the General Plan Circulation and Coastal Elements. — The extension of Orange Avenue as a secondary arterial is not necessary to serve transportation demands. — The amendment is necessary to achieve compliance with the Orange County Master Plan of Arterial Highways, as it is concurrently being amended by OCTA. The amendment is necessary to maintain eligibility for Measure M funding which the City uses for street improvement projects. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY HARDY, SECONDED BY SHOMAKER, TO APPROVE GENERAL PLAN AMENDMENT NO. 02-02 AND FORWARD DRAFT RESOLUTION TO THE CITY COUNCIL FOR ADOPTION; AND, APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. 02-02 WITH FINDINGS AND FORWARD DRAFT RESOLUTION TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, ShoMaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (02pcm0924) PC Minutes September 24, 2002 Page 4 FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM AMENDMENT NO. 02-02: Local Coastal Program Amendment No. 02-02 to the Huntington Beach Local Coastal Program to revise the Circulation Plan of Arterial Streets and Highways Map (Figure C-13) by deleting the extension of Orange Avenue from Goldenwest Street to Palm Avenue is necessary to provide consistency between the City's General Plan Circulation Element and Orange County Master Plan of Arterial Highways. 2. The proposed change to the Local Coastal Program is in accordance with the policies, standards and provisions of the California Coastal Act and does not result in any significant adverse impacts to the area's circulation system. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by maintaining a balanced circulation system with the circulation demands generated by the implementation of the Coastal Land Use Plan. 3. The Local Coastal Program Amendment conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. The amendment to the Circulation Plan does not inhibit public access or public recreation areas within the residential development. No existing coastal access will be impacted. B-2a. ENVIRONMENTAL IMPACT REPORT NO. 97-2 (CONTINUED FROM SEPTEMBER 10, 2002 WITH PUBLIC HEARING CLOSED - PARKSIDE ESTATES): Applicant: Shea Homes Request: EIR: To certify EIR No. 97-2 which analyzes the potential environmental impacts associated with implementation of the proposed project. Location: 17301 Graham Street (west side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel). Project Planner: Mary Beth Broeren, Principal Planner Environmental Impact Report No. 97-2 (EIR No. 97-2): - Analyzes proposed development on an approximate 49 acre vacant site for the purpose of constructing up to 208 homes, associated infrastructure and private and public open space. Documents potential impacts to land use compatibility, aesthetics/light glare, transportation/ circulation, air quality, noise, earth resources, drainage/hydrology, biological resources, cultural resources and public services and utilities. Evaluates nine alternatives to the originally -proposed 208 unit project. Concludes that Alternatives 1, 7 and 9 are the environmentally superior alternatives. Concludes that potential impacts can be mitigated to less than significant levels for the original project and all of the alternatives. (02pcm0924) PC Minutes September 24, 2002 Page 5 + Continued Item: - Planning Commission meeting September 10, 2002. Planning Commission requested clarification regarding nine items pertaining to the EIR. + Staff's Recommendation: Certify EIR No. 97-2 because it adequately analyzes the potential environmental impacts associated with the project and identifies project alternatives and mitigation measures to lessen the project's impacts consistent with General Plan policies. Staff made a presentation to the Commission. Technical consultant Jim Castles provided information on faulting and seismicity, liquefaction, and subsidence. Technical consultant Neil Jordan provided information on flooding and flood control capacity related to the City's Master Plan for Storm Drainage and the Slater Pump Station. Staff provided information on emergency response times. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO PROCEED WITH DISCUSSION ON ENVIRONMENTAL IMPACT REPORT NO. 97-2, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECONDED BY HARDY, TO REOPEN THE PUBLIC HEARING BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (02pcm0924) PC Minutes September 24, 2002 Page 6 The Commission made the following disclosures: Porter met with staff, the applicant and an outside interested party; Kokal met with staff, residents and various agencies; Livengood met with staff, residents and a representative from Ocean View School District; Shomaker met with staff, the applicant and residents; Hardy met with residents and toured the site; Kerins met with staff; Stanton met with staff. Questions/comments included: ■ Wintersburg Channel (flood capacity) ■ Wetlands designation (consultant Lisa Kegarice discussed the history behind changes in land use designation, including the roles of California Dept. of Fish & Game and California Coastal Commission) ■ Difference between medical and fire response times (none) ■ Traffic count accuracy at Graham and Glenstone (individual movement can cause differentials) ■ Likelihood of compacted soil evaluations causing water displacement ■ Water quality conditions of approval for runoff (Best Management Practices (BMP's)) THE PUBLIC HEARING WAS OPENED: Ron Roth, Wrenfield Drive, Huntington Beach, spoke in support of the item because of how the proposed project will remove the current flood zone designation that requires property owners to purchase flood zone insurance. Adam Rodell, Huntington Beach, spoke in support of the item because of how the proposed project will remove the current flood zone designation that requires property owners to purchase flood zone insurance. Julie Bixby, Hillgate Lane, Huntington Beach, spoke in opposition to the item and gave a PowerPoint presentation relating to the Parkside EIR Errata proposal of removing the fire station designation from the General Plan. Don Hebard, Huntington Beach, spoke in support of the item because of how the proposed project will remove the current flood zone designation that requires property owners to purchase flood zone insurance. Mark Bixby, Hillgate Lane, Huntington Beach, spoke in opposition to the item on behalf of the Neighbors for Wintersburg Wetlands Restoration and gave a PowerPoint presentation relating to traffic impact. Sing Joe Kong, Kenilworth Drive, Huntington Beach, spoke in opposition to the item, voicing concerns related to traffic at Kenilworth and Graham, subsidence and seismic activity and the replacement of the wall. He suggested that the developer post insurance bonds for future damage to existing properties resulting from the proposed development. (02pcm0924) PC Minutes September 24, 2002 Page 7 Priscilla Wolz, Kenilworth Drive, Huntington Beach, spoke in opposition to the item, voicing concerns about planning errors being discovered during natural disasters, increased population causing traffic problems, flooding, and subsidence. Monica Hamilton, Kenilworth Drive, Huntington Beach, spoke in opposition to the item, discussing the Bolsa Chica Wetlands component, ponding and change of land use designation. Ms. Hamilton also presented to staff written comments by members of the public who were unable to participate during public comments. Doug Stewart, Kenilworth Drive, Huntington Beach, spoke in opposition to the item, challenging staff's responses related to the EIR. Mr. Stewart also voiced concerns about liquefaction and the 100-year storm and water differential, dewatering and soil compaction at Paseo Park. Lee Haber, Glenroy Drive, Huntington Beach, spoke in opposition to the item, voicing concerns related to traffic and archeological site impacts. He discussed the three (3) traffic alternatives considered by consultants and suggested that a certain bluff road be widened. Charles Beauregard, Greenleaf Lane, Huntington Beach, spoke in opposition to the item, voicing concerns related to land use designation and Wintersburg Channel flooding. Ron Metzler, Shea Homes, applicant, spoke in support of the item, describing staff and consultants as experienced and able to address all issues related to the EIR. He cited potential community improvements if the proposed project is approved and urged the Commission to certify the EIR. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the following points related to the EIR: ■ Information on prior projects similar in scope with soil remediation factors ■ Subsidence/ponding ■ Ground water table (nuisance water); aqua fir; channel inflow; perched water ■ Liquefaction ■ Explanation of over excavation ■ Temporary shallow wells, dewatering well points ■ Soil compaction efforts (percentage figures and maximum density) ■ Wintersburg Channel water levels (normal and heavy storm conditions) ■ Hydrology ■ Is the holding basin at Slater Pump Station adequate? ■ Throttle back controls (what types of conditions must exist?) ■ Salt Marsh Skipper ■ Wetlands delineation/prior converted prop land ■ Deferred certification (02pcm0924) PC Minutes September 24, 2002 Page 8 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO.97-2 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO. 1574, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Shomaker, Livengood, Kokal, Porter NOES: Hardy ABSENT: None ABSTAIN: None MOTION PASSED B-2b. GENERAL PLAN AMENDMENT NO. 98-1. ZONING MAP AMENDMENT NO. 96- 5A & 96-513; LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4; ANNEXATION NO. 98-1 (CONTINUED FROM SEPTEMBER 10, 2002 WITH PUBLIC HEARING CLOSED - PARKSIDE ESTATES): Applicant: Shea Homes Request: GPA: To redesignate 2.8 acres of RL-7 (Residential Low Density) property to OS-P (Open Space -Park); to designate approximately 1.5 acres of the unincorporated parcel as RL-7 (Residential Low Density), and approximately 3.0 acres of the unincorporated parcel as OS-C (Open Space -Conservation); and to amend the Public Facilities Element by removing the fire station designation on the subject site. ZMA: A) To rezone approximately 40 acres of property to add a CZ (Coastal Zone Overlay) to the existing RL-FP2 (Low Density Residential — Floodplain Overlay) designation, and rezone approximately 8.2 acres from RA -CZ (Residential Agriculture — Coastal Zone) and RL-FP2 to OS -PR -CZ (Open Space — Parks and Recreation — Coastal Zone) consistent with the General Plan; B) To prezone approximately 1.5 acres of the unincorporated parcel to RL-7 (Residential Low Density), and approximately 3.0 acres of the unincorporated parcel to OS-C (Open Space Conservation). LCPA: To amend the City's Local Coastal Program's Land Use Plan and implementing ordinances in accordance with the GPA and ZMA and forward to the California Coastal Commission for certification. The request also includes annexation of approximately 4.5 acres into the City from the County of Orange. Location: 17301 Graham Street (west side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel). Project Planner: Scott Hess, Planning Manager General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A and 513, Local Coastal Program Amendment No. 96-4 and Annexation No. 98-1 were continued from the September 10, 2002 Planning Commission meeting in order for staff to respond to several issues raised as part of Environmental Impact Report (EIR) No. 97-2. Those issues are addressed in the EIR staff report (Public Hearing Item No. B-2a). Staffs recommendation for approval remains the same as stated in the Planning Commission staff reported dated September 10, 2002: General Plan Amendment No. 98-1 request: - Redesignate 2.8 acres of RL-7 (Low Density Residential) property to OS- P (Open Space -Park). (02pcm0924) PC Minutes September 24, 2002 Page 9 - Designate the approximately 4.9-acre County of Orange parcel to be annexed as follows: approximately 1.6 acres as RL-7 (Residential Low Density) and approximately 3.3 acres as OS-C (Open Space - Conservation). - Amend the Public Facilities Element to remove the fire station designation on the subject site. Zoning Map Amendment 96-5A & 5B request: - 5A - Rezone approx. 40 acres of property to add a CZ (Coastal Zone Overlay) to the existing RL-FP2 (Low Density Residential - Floodplain Overlay) designation; and rezone 8.2 acres from RA -CZ (Residential Agriculture - Coastal Zone) and RL-FP2 (Low Density Residential) to OS -PR -CZ (Open Space -Parks and Recreation -Coastal Zone) consistent with the General Plan. - 5B - Pre -zone the approximately 4.9 acre County of Orange parcel as follows: approximately 1.6 acres RL-7-FP2-CZ (Residential Low Density - Floodplain Overlay - Coastal Zone Overlay); and approximately 3.3 acres CC-FP2-CZ (Coastal Conservation - Floodplain Overlay - Coastal Zone Overlay). Local Coastal Program Amendment No. 96-4 - Amend Local Coastal Program/Coastal Element in accord with proposed General Plan Amendment & Zoning Map Amendment, and certify area consistent with the City's General Plan. Annexation No. 98-1 - Annex approximately 4.9 acres of vacant property into the City of Huntington Beach. Staffs Recommendation: Approve General Plan Amendment No. 98-1, Zoning Map Amendment No. 96-5A & 5B, and Local Coastal Program Amendment No. 96-4 based upon the following: - The proposed general plan amendment amends the General Plan Land Use Map to accommodate a larger and more useable neighborhood park area and designates the annexation area for low density residential uses and open space conservation. The proposed RL land use designation on the area proposed for annexation will result in lower density than is currently allowed under the County designation. The Fire Department has determined that a station is not needed at this location. - The proposed zoning map amendment amends the City's zoning map to accommodate a larger and more useable neighborhood park area, adds the CZ (Coastal Zone) suffix to ensure that zoning provisions consistent with the California Coastal Act are applied, and pre -zones the annexation area for low density residential and open space conservation uses consistent with the General Plan Amendment. - The proposed changes will result in compatible land uses and will not negatively impact surrounding properties. (02pcm0924) PC Minutes September 24, 2002 Page 10 - The proposed amendments to General Plan and zoning designations will not result in significant adverse environmental impacts. Staff made a presentation to the Commission. Questions/comments: None. A MOTION WAS MADE BY HARDY, SECONDED BY SHOMAKER, TO APPROVE GENERAL PLAN AMENDMENT NO. 98-1 BY APPROVING THE DRAFT RESOLUTION AND FORWARD TO THE CITY COUNCIL FOR ADOPTION; APPROVE ZONING MAP AMENDMENT NOS. 96-5A & 96-513 WITH FINDINGS BY APPROVING THE DRAFT ORDINANCE AND FORWARD TO THE CITY COUNCIL FOR ADOPTION; AND, APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4 WITH FINDINGS BY APPROVING THE DRAFT RESOLUTION AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 96-5A & 96-5B 1. Zoning Map Amendment No. 96-5A and 96-5B represent a change to the Huntington Beach Zoning Map (District Map #33) as follows: 96-5A: Rezone approximately 40 acres of the subject site to add CZ (Coastal Zone Overlay) to the existing FL-FP2 (Low Density Residential — Floodplain Overlay) designation; and rezone 8.2 acres from RA -CZ (Residential Agriculture — Coastal Zone) and RL-FP2 (Low Density Residential) to OS -PR -CZ (Open Space — Parks and Recreation — Coastal Zone); and 96-5B: Pre -zone the approximately 4.9 acre County of Orange parcel as follows: approximately 1.6 acres RL-& (Residential Low Density); and approximately 3.3 acres) S-C (Open Space — Conservation). These changes are consistent with the goals, objectives, and land use policies of the General Plan and Local Coastal Program. The proposed changes are consistent with General Plan Amendment No. 98-1 which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed changes in zoning because the surrounding land uses are low density residential and open space. As discussed in the Environmental Impact Report for this project, there will be appropriate infrastructure and services available to support the proposed development. (02p=0924) PC Minutes September 24, 2002 Page 11 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with the uses in the vicinity, which are primarily low density residential. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. It will also expand the amount of passive and active recreation area, as well as coastal conservation, consistent with the City's General Plan and Local Coastal Program. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment provides compatible land uses, and passive and active public park space to serve the existing community. FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM AMENDMENT NO. 96-4: Local Coastal Program Amendment No. 96-4 amends the City's certified Local Coastal Program (Land Use Plan and Implementing Ordinances) in accord with General Plan Amendment No. 98-1 and Zoning Map Amendment No. 96-5A and 96-5B. The Huntington Beach Local Coastal Program/Coastal Element (Figure C-2 and associated text) for the subject site is changed from "Area of Deferred Certification" to OS-P (Open Space — Park), approximately 2.8 acres and RL-7 (Low Density Residential — maximum 7 units per acre), approximately 37 acres; and designate an approximate 4.9 acre portion located within the County of Orange as OS-C (Open Space — Conservation), approximately 3.3 acres and RL-7 (Low Density Residential — maximum 7 units per acre), approximately 1.6 acres. 2. Local Coastal Program Amendment No. 96-4 is in accordance with the policies, standards and provisions of the California Coastal Act relative to residential development, land resources and public access. The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing low density residential uses, open space areas, and coastal conservation opportunities. 3. The development conforms with the public access and public recreation policies of Chapter 2 of the California Coastal Act. The General Plan Amendment and Zoning Map Amendment expand the amount of open space and conservation areas that will preserve a eucalyptus grove, and preserve and avoid the remnant pickle weed area and the Environmental Protection Agency delineated pocket wetland area in the parcel within the County of Orange. There will be greenbelts and a paseo park to provide opportunities for public access through and between the site. No existing coastal access will be impacted. (02pcm0924) PC Minutes September 24, 2002 Page 12 B-2c. TENTATIVE TRACT MAP NOS. 15377 (CITY) AND 15419 (COUNTY); CONDITIONAL USE PERMIT NO.96-90; COASTAL DEVELOPMENT PERMIT NO. 96-18 (CONTINUED FROM SEPTEMBER 10, 2002 WITH PUBLIC HEARING CLOSED - PARKSIDE ESTATES): Applicant: Shea Homes Request: TTM: To subdivide approximately 45 acres into 162 residential lots (City), and to subdivide approximately 4.5 acres into 9 residential lots (County). CUP: To develop 171 single-family residential units, including creation of property development standards for dual -product lot sizes, associated infrastructure improvements, 8.2 acres of park improvements, proposed retaining walls with heights of greater than two (2) feet, and develop on a property with a grade differential of greater than three (3) feet between low and high points on the property. CDP: To permit subdivision and development of the site and associated infrastructure improvements pursuant to the TTM and CUP. Location: 17301 Graham Street (west side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel). Project Planner: Scott Hess, Planning Manager Tentative Tract Map No. 15377 (City), Tentative Tract Map No. 15419 (County), Conditional Use Permit No. 96-90 and Coastal Development Permit No. 96-18 were continued from the September 10, 2002 Planning Commission meeting in order for staff to respond to several issues raised as part of Environmental Impact Report (EIR) No. 97-2. Those issues are addressed in the EIR staff report (Public Hearing Item No. B-2a). Staff's recommendation for approval remains the same as stated in the Planning Commission staff reported dated September 10, 2002: Tentative Tract Map No. 15377 (City) request: - Subdivide approximately 45 acres into 162 single-family residential lots and several lettered lots for open space areas. - Dedicate 8.2 acres of land for public park purposes consisting of 4.1+ acres of bluff and down slopes, and a 4.1+ acre flat area at the base of the bluff. - Lettered lots include 2.9± acres of HOA common areas, paseo park, and passive areas. Tentative Tract Map No. 15419 (County) request: - Subdivide approximately 4.9 acres into nine single-family residential lots (1.6+ acres) and lettered lots for open space areas. - Lettered lots include a 3.3+ acre HOA passive open space area. Conditional Use Permit No. 96-90 request: - Development of 171 single-family residential units with site plans, floor plans, and elevations. - Planned Unit Development (PUD) for dual -product lot sizes to include 50' frontages and min. 5,000 sq. ft. lot sizes (average 5,700 sq. ft.); and 60' frontages with min. 6,000 sq. ft. lot sizes (avg. >7,000 sq. ft.); and six flag lots with 24' frontages. Those lots that are less than the code requirement of 60' in width and 6,000 sq. ft in size may be permitted as part of a PUD. (02pcm0924) PC Minutes September 24, 2002 Page 13 - Improve an 8.2-acre park (4.1 acres passive area and 4.1 acres active recreational area). - Retaining walls greater than two ft. in height and up to 3.5 ft. in height along the westerly property line adjacent to property within the County of Orange and adjacent to the channel. - Development on a site with a grade differential of greater than three (3) feet. • Coastal Development Permit No. 96-18 request: - Development of 171 two-story, detached, single family residential units and associated infrastructure improvements. - Development of an 8.2 acre park Associated requests for General Plan Amendment No. 98-1, Local Program Amendment No. 96-4, Zoning Amendment Nos. 96-5A & 56, and Annexation No. 98-1 are discussed in a separate report. Staffs Recommendation: Approve Tentative Tract Map Nos. 15377 and 15419, Conditional Use Permit No. 96-90, and Coastal Development Permit No. 96-18 with modifications, CEQA Findings of Fact and a Mitigation Monitoring Program based on the following: - The site has been zoned and general planned as low density residential for 31 years. - The project is consistent with the General Plan Land Use Element designation of RL-7 (Low Density Residential) and proposed designation of RL-7 on the subject property. - The project is consistent with the Local Coastal Program/Coastal Element as it does not impact public access or recreational opportunities in the Coastal Zone. - There are several public improvements to be constructed as a result of this project including a traffic signal, storm drainage improvements and flood control protection to ensure that the development is adequately served with infrastructure. - Grading, including the import of fill on the property, is consistent with FEMA requirements: - Drainage improvements, when completed and certified by FEMA, will permit FEMA to upgrade the flood insurance map. The new flood insurance map will result in approximately 1430 acres consisting of 7,000 housing units being removed from the mandatory flood insurance zone. - Sheet piling will be installed along the developed portion of Parkside Estates at the northerly edge of the Wintersburg Flood Control Channel to increase channel capacity and provide flood protection for the area. - 28% of the project area (14.4 acres) will be in open space: an 8.2 acre dedicated public park (5.9 acres dedicated above code requirement) and 6.2 acres of common open space area. - The project along with the 10% affordable housing requirement helps the City meet housing goals. - Project is well -designed in terms of street layout and architecture. (02pcm0924) PC Minutes September 24, 2002 Page 14 - The project is designed to be compatible with adjacent low density residential uses in terms of density and building layout, and open space uses. Staffs Suggested Modifications: Tentative Tract Map No. 15377 and 15419, Conditional Use Permit No. 96- 90, and Coastal Development Permit No. 96-18: - Delete Lot No. 4 of Tentative Tract Map No. 15419 to create a minimum 100' buffer between potential jurisdictional wetlands and the single family homes. - Dedicate for public pedestrian easement purposes two trails linking the flood control channel with "L" street and with "C" street in accord with the trails exhibit. - Increase interior side yards (minimum 10') when adjacent to the rear yard of an adjoining lot. Provide 25% of minimum 60' wide lots with side entry and/or garages located to rear of lot. The public sidewalk in the paseo park area shall be meandering. Delete on plans reference to a new wall along the north property line (the existing wall may remain since the grade differential will remain the same). Public art shall be required. Staff made a presentation to the Commission. Questions/comments included: ■ Parkside Estates traffic entrance from Bolsa Chica Street (idea prohibited due to construction issues) A Ponding, stagnant water odor -- water quality documents address the issue (normal level at Slater Pump Station; 4-bay versus 6-bay) ■ Possibility of adding a condition of approval requiring the developer to post a bond or provide liability insurance to existing residents for future, unforeseen property damage resulting from the proposed development (private property/natural disaster issue - denied) ■ Traffic signal at Graham and Plumstone (cost prohibitive; other intersections factor in) ■ On -site geotechnical expert hired to monitor conditions of approval (developer agreeable) ■ Accuracy of traffic counts provided by staff (errors reported by the public; consultant Bill Darnell explains legitimacy) ■ Information on traffic signal requirements, including synchronization and crosswalk button tie-in ■ Increased traffic signage ■ Subsidence (Shea's pledge that this will not occur due to exhaustive analysis that negates such occurrence) ■ Add additional fire station? (not recommended/unwarranted) ■ Compacted soil types (sponge, wood) (02pcm0924) PC Minutes September 24, 2002 Page 15 The Commission suggested modifying the conditions of approval to: ■ Expand language related to implementation of the Water Quality Management Plan treatment train ■ Added language requiring County of Orange approval before issuance of grading permits ■ Amended language related to Storm Drain, Storm Water Pollution Prevention Plans and Water Quality Management Plans conformance with the current National Pollution Discharge Elimination System requirements ■ Added street improvements at Graham and Kenilworth ■ Daily geotechnical monitoring of conditions of approval ■ Increased traffic signage on Graham A MOTION WAS MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE TENTATIVE TRACT MAP NOS. 15377 AND 15419, CONDITIONAL USE PERMIT NO. 96-90, AND COASTAL DEVELOPMENT PERMIT NO. 96-18 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL; AND, APPROVE FINDINGS OF FACT; AND, APPROVE THE MITIGATION MONITORING PROGRAM, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Shomaker, Livengood, Kokal, Porter NOES: Hardy ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - TENTATIVE MAP NOS. 15377 (City) and 15419 (County): 1. Tentative Tract Map No. 15377 for subdivision of 45 acres into 162 single family residential lots and several lettered lots for open space and landscaped areas is consistent with the General Plan Land Use Element designation of RL-7 (Low Density Residential) on the subject property, or other applicable provisions of this Code including the provisions for Planned Unit Developments. Tentative Tract Map No. 15419 for the subdivision of approximately 4.9 acres into nine (9) single family residential lots and lettered lots for open space and landscaped areas is consistent with the pre - General Plan Land Use Element designation of RL-7 (Low Density Residential) on the subject property, or other applicable provisions of this Code including the provisions for Planned Unit Developments. 2. The site is physically suitable for the type and density of development. The project site is generally flat and able to accommodate the type of development,proposed from a circulation and drainage perspective. The site is required to be elevated in compliance with City's requirements for new construction and the Conditional Letter of Map Revision from FEMA approved June 6, 2002 and therefore, requires 263,000 cubic yards of fill. (02pcm0924) PC Minutes September 24, 2002 Page 16 The proposed fill and grade will permit the site to be developed consistent with adopted plans and will result in a density of 4.4 units per acre which is below the allowable density. 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 majority of the site has been previously used for farming and does not contain habitat for wildlife or fish. A 3.3 acre portion of the parcel in the County area has an EPA delineated pocket wetland, patchy pickle weed, potential jurisdictional wetlands, and a buffer to residential uses that will be preserved as open space. 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. No existing easements for the public at large will be affected by the project. The project will provide public access through the site to the public park and public trails in the vicinity. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-90: 1. Conditional Use Permit No. 96-90 for the development of 171 two-story, detached single family residential units as a Planned Unit Development (PUD) for dual -product lot sizes to include 94 lots with minimum 50' frontages and minimum 5,000 sq. ft. lot sizes (average 5,700 sq. ft.); and 77 lots with minimum 60' frontages and minimum 6,000 sq. ft. lot sizes (avg. >7,000 sq. ft.); and seven flag lots with a minimum frontage of 24'; construction of a 8.2 acre park; retaining walls greater than two ft. in height and up to 3.5 ft. in height along the westerly property line adjacent to property within the County of Orange and along flood control channel; and development on a site with a grade differential of greater than three (3) feet from the low to the high point 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. The project will be graded to minimize drainage impacts while complying with the flood requirements of FEMA. The proposed grade differential to adjacent residential properties will be mitigated through the use of substantial landscaped setbacks and tree requirements. The project includes significant infrastructure improvements that will have area wide benefits. 2. The conditional use permit will be compatible with surrounding single family residential and open space land uses. The project includes two-story homes that are similar to the surrounding developments; it also incorporates buffer areas for aesthetics and intensified landscaping. Open space areas are located adjacent to existing open space areas to maximize use and buffers. 3. The proposed project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Bach Zoning (02pcm0924) ;� PC Minutes September 24, 2002 Page 17 and Subdivision Ordinance. Variations to the wall heights are permitted by conditional use permit and lot size and width are allowed as part of a planned unit development. 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 Low Density Residential on the City portion of the property and pre -General Plan Land Use Element designation of Low Density Residential on the County portion of the property. In addition, it is consistent with the following goals and policies of the General Plan: Policy 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the use of building heights, grade elevations, orientation and bulk that are compatible with the surrounding development. The proposed homes are compatible with existing homes in the area in term of style, materials, and colors. The buildings are will articulated and will have enhanced building elevations along street frontages. The building pads are higher but there is a setback buffer along the north property line. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 96-18: Coastal Development Permit No. 96-18 for the development of a 171-unit single family residential project within an area of deferred certification in the coastal zone as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project layout is consistent with the existing and proposed Low Density Residential land use designation on the property. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development complies with all development standards except for the increased retaining wall heights, and the minimum lot width and size. The development will be in compliance with City and FEMA requirements pertaining to flood proofing. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will provide all required infrastructure consistent with the Local Coastal Program and City requirements. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impact existing public access or recreation opportunities in the coastal zone; the project will add opportunities for access to surrounding trails and a proposed public park and will improve a proposed bikeway adjacent to the channel and the developed portion of the site. (02pcm0924) PC Minutes September 24, 2002 Page 18 CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 15377 (City) AND NO. 15419 (County): 1. Tentative Tract Map No. 15377 and Tentative Tract Map No. 15419, received and dated July 8, 2002, shall be the approved layout except as amended per the conditions stated herein and as follows: a. Lot No. 4 of TTM 15419 shall be eliminated and made part of the adjoining open space area. 2. The final map for Tentative Tract Map No. 15377 (City) shall not be approved by the City Council until Zoning Map Amendment No. 96-5 and General Plan Amendment No. 98-1 are approved and in effect, and Local Coastal Program Amendment No. 96-4 has been approved by the California Coastal Commission. 3. The final map for Tentative Tract Map No. 15419 (County) shall not be approved by the City Council until proof that the area has been annexed into the City by LAFCO; and until Zoning Map Amendment No. 96-5 and General Plan Amendment No. 98-1 are approved and in effect, and Local Coastal Program Amendment No. 96-4 has been approved by the California Coastal Commission. If the annexation does not occur the "non annexation" alternative layouts shown on Tentative Tract Map 15377 shall be the approved layout. 4. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Departments of Planning, Public Works and City Attorney's office for review and approval. The CC&Rs shall include the following: a. Provide for maintenance of all common area landscaping, irrigation, drainage facilities, bike trail links, slopes, walkways and open space areas along Graham Street, surface drainage for lots "B" thru "P" and lots "R" thru "Z" by the Homeowner's Association (HOA). b. Provide for maintenance of slopes, fences and retaining walls that serve as flood control protection, except within the County Flood Control right- of-way. c. Prohibit the blocking or screening of fire hydrants located in public right- of-way. d. Implementation, maintenance and monitoring of the approved Water Quality Management Plan (WQMP) including treatment train. The WQMP shall be included in the CC&Rs as an attachment or addendum for conformance with NPDES requirements. The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local, state or federal law. (02pcm0924) PC Minutes September 24, 2002 Page 19 e. Provide for maintenance and liability of the two bike trails linking the flood control channel with "C" Street and "L" Street. f. Notification to purchasers that there will be a City public park within the tract and that access to Greenleaf is for emergency purposes only. 5. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. The Final Map(s) shall be consistent with the approved Tentative Map. b. Vehicular access rights to all public streets, either proposed or existing, shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. (P" c. The rough grading plan and improvement plans shall be submitted to the Department of Public Works for review. The engineer shall submit cost estimates for determining bond amounts. (PR d. A final sewer design study of the project system shall be submitted for Public Works approval. The developer shall design the sewer system required to serve the development in conformance with the approved preliminary study and City design criteria. (PW) e. Prior to first plan check submittal, the developer shall submit a water system hydraulic analysis to confirm appropriate on -site sizing and layout. City staff will provide design parameters, including water pressures and flows at points of connection. The hydraulic model output shall conform to City requirements and be fully compatible with and transferable with City software. All costs for water system modeling work shall be borne by the developer. (PW) Final hydrology and hydraulic design analysis and calculations for both on and off site drainage facilities shall be submitted for Public Works review and approval. The project improvements shall be consistent with the facilities proposed in the Conditional Letter of Map Revision (CLOMR) issued by FEMA on June 6, 2002. On -site drainage shall not be diverted or concentrated to adjacent properties, but shall be handled by a Public Works approved method. The final design analysis of the system shall be consistent with the approved preliminary studies. All pad elevations must comply with FEMA design criteria in conformance with the CLOMR (BFE 2.2 feet National Geodetic Vertical Datum (NGVD)) and as directed by the City of Huntington Beach, Department of Public Works. Gradients of less than 2% shall not be permitted in earthen swales without prior approval from Public Works. (P" (02pcm0924) PC Minutes September 24, 2002 Page 20 g. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: 1) The 8.2 acre public park (Lot "Q" and "A") shall be dedicated to the City of Huntington Beach in fee simple for parkland purposes pursuant to Section 254.08.H. of the HBZSO. The applicant shall submit to the City a Grant Deed, along with a preliminary title report, granting a fee ownership in the parkland unencumbered by any easements or covenants, both recorded and unrecorded, which restrict any and all uses by the City. It shall be the applicant's responsibility as part of the dedication to obtain, record, and submit all necessary quitclaims ensuring a proper dedication. The proposed land shall also be certified clean to the City's Soil Clean -Up Standard, City Specification 431-92 by an acceptable testing firm. Upon acceptance of the Grant Deed language and the submittal of a title insurance policy in an amount equal to the appraised value of the land, the City Clerk, if granted authority as part of the acceptance of the tract map by City Council, shall record the Grant Deed for the parkland dedication. (PW) 2) The domestic water system and appurtenances as shown on the improvement plans for this tract. Easement widths shall conform with the City of Huntington Beach Standard Plan No. 300. (PW) 3) The sanitary sewer system and appurtenances as shown on the improvement plans for this tract. (PW) 4) The storm drain system and appurtenances as shown on the improvement plans for this tract, except those facilities designated to be maintained by the HOA on the improvement plans and in the CC&R's. Easement widths shall conform with the City of Huntington Beach Standard Plan No. 300. (PW) 5) A 2.00-foot wide public utility easement along both sides of each street, per Standard Plan No. 104. (PIN) 6) Graham Street for street purposes. (PW) 7) Greenleaf Lane (Cul-de-sac turn -around) for street purposes. (PW) 8) "A" Street through "M" Street for street purposes. (PW) 9) An easement for public pedestrian access purposes for the two bike trails linking the flood control channel with "L" Street and with "C" Street. 10) An easement for public access purposes 10-feet in width adjacent to or in proximity to the northerly right-of-way of "A" Street and "B" Street within Lot "N", the paseo park. The total width shall be 20-feet as measured from the curb face. h. If necessary, the ultimate Channel right-of-way shall be dedicated on the final map to the County of Orange. (PW) (02pcm0924) PC Minutes September 24, 2002 Page 21 i. All street lighting shall be conveyed to Southern California Edison Co. for maintenance and operation. (PW) j. A reproducible mylar copy and print of the final tract map shall be submitted to the Department of Public Works at the time of recordation. (PVV) k. 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, Subarticle 18 for the following items: (PW) 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital -graphics file of said map to the County of Orange. I. Provide a digital -graphics file of said map to the City per the following criteria: Design Specification: 1) Digital data shall be full size (1:1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2) Digital data shall have double precision accuracy (up to fifteen significant digits). 3) Digital data shall have units in US FEET. 4) A separate drawing file shall be submitted for each individual sheet. 5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. File Format and Media Specification: 7) Shall be in compliance with the following file format: ➢ AutoCAD (version 13 or later) drawing file: _.DWG 8) Shall be in compliance with the following media type: ➢ CD Recordable (CD-R) 650 Megabytes m. No construction or public access shall be taken from or to Greenleaf for any purpose other than emergency vehicle access. Any future (02pcm0924) PC Minutes September 24, 2002 Page 22 connection of Greenleaf to the development for public street purposes or private access shall be prohibited until otherwise conveyed through a public hearing process before the City Council. n. A Certificate of Insurance shall be filed with the Department of Public Works and approved as to form by the City Attorney. (PW) o. All improvement securities (Faithful Performance, Labor & Material and Monumentation Bonds) and Subdivision Agreement shall be posted with the Department of Public Works and approved as to form by the City Attorney. (PW) p. All Public Works fees shall be paid. (PUN) q. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on -site or off -site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum10 percent of the units shall be affordable to families of low-income level (less than 80% of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) are off -site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. (MM) 5. The following conditions are required to be completed prior to issuance of Grading Permits: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. Final grades and elevations on the grading plan shall not vary by more than one (1) foot from the grades and elevations on the approved Tentative Map unless otherwise required by these conditions and shall conform to FEMA requirements for elevation above the flood water levels as directed by the Department of Public Works. The recommendations from Section 7.0 and 8.0 of the geotechnical study, Appendix E of the EIR, shall be incorporated into the earthwork activities. (MM) The following public improvements shall be shown on the plan: i. Class I bike trail and adjacent lot slopes along the channel. (PUN) (02pcm0924) PC Minutes September 24, 2002 Page 23 ii. Two bike trails linking the flood control channel with "C" Street and "L" Street. iii. All slopes, sea walls, and drainage control devices along the westerly boundary of the development. (PW) iv. The owner shall submit of "Notice of Intent' (NOI), along with the required fee, to the State Water Resources Control Board (SWRCB) in compliance with NPDES general construction permit requirements. Copies of the NOI and the written replies received from the SWRCB shall be submitted to the City. (PW-MM) b. Sewer lateral for each habitable lot. (PW) c. All structures over twenty feet (20') in height from the point of connection at the public water source shall require a backflow protection device on the domestic water service unless otherwise approved by the Water Division. (PW) d. A separate irrigation service, meter and backflow protection device shall be required for the park. Additional irrigation services, meters and backflow devices shall be required for any Homeowner Association (HOA) landscaping. (PW) e. Each proposed dwelling unit shall require a separate domestic water meter and service. All domestic water meters shall be sized in accordance with the California Plumbing Code (CPC) and the requirements of the City of Huntington Beach Department of Public Works and the Fire Department. (PW/FD) f. Plans for EMERGENCY VEHICLE ACCESS at Greenleaf/LOT R shall be submitted and approved by the fire and planning departments. Indicate gate location, method to secure, slope, and overall final elevation change. (FD) g. Final finished grade for the park shall be subject to the approval of the Departments of Public Works and Community Services. The final finished grade shall, at a minimum: i. Protect existing trees, meet police department visibility requirements, provide proper drainage, meet conditions for maintaining a playable park and provide a drainage interceptor at the toe of the existing slope that transports run off to the storm drain system prior to entering the playable park area. (PM ii. The finish grade in the City park site shall be raised with a City approved topsoil. (PM iii. The slope of the soil grade adjacent to "H" and "I" street shall be 5:1 max to a low point of 5.0 FT to 7.0 above sea level. The park shall then drain (slope) toward the existing "treed" slope at a minimum of 1 % and maximum 2% to a drainage swale at the top of said existing slope. A grade break may occur in closer proximity with the drainage swale and the grade to the swale can be 5:1 maximum or an (02pcm0924) PC Minutes September 24, 2002 Page 24 acceptable solution approved by the Park, Tree and Landscape Division. (PW) iv. The gradient and configuration of the emergency access road shall be approved by Public Works and Fire. (PW/FD) v. A separate lot shall be created for the existing "treed" slope area and shall extend from the western property boundary to the top of the slope at the concrete drainage swale, and from the north property line following the concrete swale south to the H.O.A. maintained lot 171.(P" h. The Developer shall design and construct a new wet well/dry well sewer lift station and force main as required by the City to replace the existing station in Graham. The new station shall be sized to accommodate existing and the proposed development flows. The existing station shall be abandoned in -place by the developer as directed by The Department of Public Works. The used pumps/controllers shall be returned to the City Yard. The design of the lift station shall comply with all design requirements and criteria of the City of Huntington Beach. (PW) The Developer shall design and construct the ultimate improvements to centerline of the East Garden Grove - Wintersburg Channel (C05) per County of Orange Flood Control District's adopted design standards (sheet pile and cathodic protection, or an equivalent lining if approved by the County). Said channel improvements shall be constructed along the entire project site frontage, extending under Graham Street bridge and transitioning out on the east side of the Graham Street bridge, as directed by the County. Requirements of the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers shall be observed in the design and construction of all channel and abutting slope improvements in and adjacent to the channel. Additionally, the Developer shall remove the existing oil -field access bridge over the County channel westerly of the Slater Pump Station, unless otherwise directed by the County of Orange. (PW) The Developer shall install two (2) new pump systems (motor, pump, controls, heat exchanger, and necessary appurtenances) within the existing vacant pump bays in the Slater Pump Station as determined necessary (equipment to match/equal City specification). Subject to the review and approval of the City Engineer, a request for fee credits may be considered for improvements exceeding the developer's required project impact mitigation. The value of each existing pump bay to be utilized shall be considered to be $300,000 unless it is proven to the satisfaction of the City Engineer to be a different amount. The developer will be required to make capacity improvements to the system as necessary to drain the subject development and tributary flows to the site as required by the Department of Public Works. The applicant shall also obtain necessary written approvals from the County of Orange and other pertinent agencies as required prior to issuance of grading permits. (PW/M M) (02pcm0924) 3 PC Minutes September 24, 2002 Page 25 k. The Developer shall design and construct off -site drainage improvements as required by the Department of Public Works to mitigate impact of increased runoff, as well as conveyance of ultimate upstream flows or deficient, downstream drainage systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. The Developer shall provide the necessary hydrologic and hydraulic studies as required to justify final pad elevations on the site in conformance with the latest FEMA requirements, and to update that portion of the City's Master Plan of Drainage to reflect the changes and improvements of this project in the plan. If earthen slopes and/or levee protection is constructed along lots on the southwest perimeter of the property, the design shall conform to the FEMA and U.S. Army Corps of Engineers Design Guidelines (most specifically USACOE Manual EM 1110-2-1913.) Among the items of design criteria to be included are the following: (PW) The top of levee or berm shall be wide enough to accommodate a 12-foot wide clear access for maintenance vehicles. Drainage swales and flow lines along the brow of the levee shall not be within the 12-foot travel area. If seawalls are incorporated into the design, drainage swale flow lines be a minimum of 18-inches from the wall and shall be concrete gutters. ii. The waterside of the levee shall be 3:1 or flatter with riprap or similar slope protection, or 4:1 or flatter without hard slope protection. Seawalls in combination with slopes may be used as approved by the City. iii. The landside of the levee shall be 4:1 or flatter to minimize seepage and permit easy maintenance by homeowner. iv. The levee design shall include a seepage barrier. If sheet piles are employed, no seepage barrier is required. Transitions from sheet piling to earthen berms shall be concrete lined. v. A vehicle turnaround with a turning radius or hammerhead design consistent with maintenance vehicles criteria shall be provided at the end of the levee maintenance road unless otherwise approved by the Department of Public Works. vi. The top of levee and/or sea wall shall maintain a minimum elevation of 11 feet or 1-foot of freeboard above the committed water surface elevation in the channel, whichever is greater The top of levee and/or sea wall shall tie into the existing topography to prohibit a breach or intrusion into the subdivision from seawater high tide events or storm flows. (PW) I. Storm Drain, Storm Water Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP) conforming with the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a licensed Civil Engineer, shall be (02pcm0924) PC Minutes September 24, 2002 Page 26 submitted to the Department of Public Works for review and approval. The plans shall also be submitted to Orange County Coastkeeper for review and comment. Catch basins shall be grated and not have side openings. (PW) i. To the greatest extent feasible, low flow urban runoff from the properties to the north shall be directed to a gross pollutant removal device. The developer shall investigate use of the remainder of the southwest open space area within Tract 15419 for treatment of this runoff. ii. Gross pollutant removal devices (CDS or equivalent) for the removal of debris, sediment, oil and water separation, etc., shall be installed as part of the treatment train for the main line systems. Access to these devices for maintenance shall be provided and included within an easement to the City. iii. If deemed feasible by the City Engineer, the developer shall design and construct a low flow urban runoff treatment train for flows from the Slater Pump Station, which may be conveyed to the potential open space southwest of the project area. If deemed not feasible by the City Engineer, this requirement may be waived. iv. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMP's) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. v. A WQMP shall be prepared, maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall incorporate water quality measures for all improved or unimproved phases of the project. All structural BMP's shall be sized to infiltrate, filter, or treat the 85-percentile 24-hour storm event or the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches per hour. The WQMP shall include an extensive Home Owner's Association education program, including information booklets and packages for each homeowner, and periodic informational programs to keep owners current with WQMP practices and requirements. (PW) m. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). Applicant shall provide a consulting arborist report on all the existing trees. Said report shall 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. (PW) (02pcm0924) PC Minutes September 24, 2002 Page 27 n. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Departments of Public Works and Planning for review and approval. The Landscape Construction Set shall identify the location, type, size and quantity of all existing 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. The plan shall include irrigation demands to ensure proper irrigation service sizing. (PW) o. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. The plan shall include all common areas, the proposed City Park, Graham Street setback area, and the paseo park. The paseo park along the north property line shall include intensified landscaping to further screen possible headlight intrusion. In addition, Lot "B" of TTM 15419 shall consist of non-invasive, native drought tolerant plant material without a permanent irrigation systems. (PW/MM/Code Requirement) p. An erosion and silt control plan for all water runoff during construction and site preparation work. (PW/MM) q. Street Improvement Plans for Graham Street shall be prepared per the City of Huntington Beach Standard Plan No. 103, (80'/64'), and submitted for review and approval. The developer shall include the following modifications to achieve the minimum number of travel lanes specified and include any additional striping modifications identified by the Transportation Manager to best accommodate specific traffic operations (PW/MM): i. Improve Graham Street, as needed, to correct the stopping sight distance and stacking problems between the southerly crosswalk across Graham at Street "A" and the crest of the Wintersburg Channel Bridge as approved by the Department of Public Works. ii. Restripe Graham Street from Street "A" to Glenstone Drive with a seven (7) foot bike lane in each direction, one twelve (12) foot through lane in each direction, and a fourteen (14) foot painted two-way left turn median. iii. Restripe Graham Street northerly from Street "A" as directed by the Department of Public Works, to transition with a seven (7) foot bike lane in each direction, one eighteen (18) foot through lane in each direction, and a fourteen (14) foot painted two-way left turn median. A protected left turn pocket on Graham Street, (northbound to westbound) shall be provided with appropriate tapers in accordance with the design speed, (50 mph). Signage shall be added to the intersection of Graham Street and Kenilworth Circle to keep intersection clear. (02pcm0924) PC Minutes September 24, 2002 Page 28 r. Internal public streets shall be designed and constructed as follows (PW): All street grades shall have a minimum gradient of 0.50% ii. Street "A" ("Entry Street") shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 modified, (56736). A dedicated left turn lane and dedicated right turn lane (within 26' from median island to outer curb face) exiting onto Graham Street shall be provided. A 15-foot wide median island shall be constructed at the entry. No parking or driveway openings will be permitted on Street "A" from Graham Street to Street "D". iii. Street "B" shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 modified (56736') with a 10-foot parkway on each side. iv. Streets "C" thru "M," shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 Modified, (48736'). v. Parking layout shall conform to City Standards and the City's Subdivision Ordinance and Municipal Code requirements, including Municipal Ordinance No. 10.40.050. Thirty (30) parking spaces shall be provided for park parking above the count required for residential lot guest parking. No on -street parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Standard Specification 401 and 415. vi. Curb, gutter and sidewalk along all street frontages, per City Standard Plan Nos. 202 and 207. vii. An ADA compliant access ramp at the comers of all street intersections. s. Access for the handicapped in conformance with Title 24, shall be provided from the public sidewalk into the public park at the northerly and southerly ends. t. The applicant shall demonstrate to the satisfaction of the City Traffic Engineer that standards (including ADA) regarding pedestrian/bicycle safety along the perimeter sidewalks will be met (MM) u. The developer shall design and install signing and striping plans in accordance with Public Works Standards. (PW) v. The Developer shall design and install Southern California Edison owned street lighting. The plan shall include the height, location, and intensity of streetlights on -site. Street light spacing shall be in conformance with City of Huntington Beach Standard Plan 411. (PW) (02pcm0924) PC Minutes September 24, 2002 Page 29 w. A traffic signal shall be designed and constructed for the intersection of Street "A" and Graham Street. (MM) x. Traffic Control Plans, prepared by a Licensed Civil or Traffic Engineer, shall be submitted to Public Works for review and approval, for work within the City's right-of-way. (PW) y. A licensed engineer shall prepare a detailed soils and geological/seismic analysis. This analysis shall provide detailed recommendations for grading, over excavation, engineered fill, dewatering, settlement, protection of adjacent existing structures, landscaping, chemical and fill properties, liquefaction requirements, retaining walls, streets, and utilities. Said report shall certify that post development ground water conditions shall not be affected or affect improvements. (Precise grading plan only). The developer shall provide a minimum of four (4) agricultural soil tests for fertility and suitability within the park area prior to developing a finish - grading plan. In addition, a geotechnical expert shall be on -site daily during dewatering to monitor soil conditions. (PW) z. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PW) aa. Soil imported for park area shall be approved by the City Landscape Architect. The developer shall employ a soil test lab approved by the City Landscape Architect to obtain and test soils that are to be utilized in raising the grade of the proposed park area. After a topsoil source is approved, the developer shall guarantee that said soil is delivered to the site and used on the park. (PW) bb. For import soils, the project shall comply with all provisions of the HBMC Section 17.04.085 and Fire Dept. City Specification 429, Methane District Building Permit Requirements. (FD) cc. Provide proof that all site soil meets the requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification No. 431-92. (FD) dd. The Fire Department must be notified of who will be the environmental site auditor supervising testing operations during soil import. The selected environmental firm is responsible for obtaining Fire Department approval for their testing plan. (FD) ee. The name and phone number of an on -site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted (02pcm0924) PC Minutes September 24, 2002 Page 30 on Graham Street every 250 feet, and at Greenleaf Lane indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, City contact (Construction Manager (714) 536- 5431) regarding grading and construction activities, and "1-800- CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) ff. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) gg. The developer shall coordinate with the Department of Public Works, 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 mitigate construction related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW/MM) hh. A grading/erosion control plan shall be completed and must abide by the provisions of AQMD's Rule 403 as related to fugitive dust control; and provide a plan to the Department of Public Works indicating such compliance. (PW) ii. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to 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 identify materials, seep holes and drainage. The new wall depicted along the northerly property line shall be removed; no new wall is necessary. jj. If grading occurs during the normal breeding season for the red-tailed hawk and other raptors locally, (March to July), a survey shall be conducted for active nests. Should active nests be located within the zone of potential disturbance due to grading or construction activities, work shall be limited to areas 500 feet away from the nest until the young have fledged and have begun foraging away from the nest site. The 500-foot protection zone shall -be fenced with visible warning -color materials: Nest trees shall be removed during the non -breeding season only. (MM) kk. The property owner shall conduct a subsurface test investigation for CA- ORA-1308 and 1309 to determine the horizontal boundaries of the sites as well as to confirm the surface conclusions of non -significance as indicated in the March, 1997 Archeological Assessment. This may be (02pcm0924) PC Minutes September 24, 2002 Page 31 accomplished though the mechanical excavation of a number of auger holes as well as two (2) 1x1 meter hand excavated units for stratigraphic control. The subsurface test investigation (including a discussion of significance (depth, nature, condition, and extent of resources), final mitigation recommendations and cost estimates shall be submitted to the Planning Director for review and approval. A cultural resource management plan based on the test results shall be developed. (MM) II. The property owner shall provide written evidence that a certified archaeologist has been retained and shall be present at the pre -grading meeting/conference, shall establish procedures for archaeological resource surveillance, and shall establish procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. The archaeological resource surveillance procedures shall include a provision for Native American review of grading operations. (MM) mm. A bikeway plan shall be submitted to the City of Huntington Beach's Departments of Planning and Public Works, in consultation with the Manager of the County PFRD/HBP Program Management and Coordination, for approval of consistency with the Orange County Bikeway Plan. (MM) nn. The applicant shall submit and have approved a noise mitigation plan to the Department of Planning that will reduce or mitigate short-term noise impacts to nearby noise sensitive. The plan shall comply with the City of Huntington Beach Noise Ordinance and shall include, but not be limited to (MM): 1) Criteria of acceptable noise levels based on type and length of exposure to construction noise levels; 2) Physical reduction measures such as temporary noise barriers that provide separation between the source and the receptor; temporary soundproof structures to house portable generators; and 3) Temporary generators (if utilized) shall be located as far as practical from sensitive noise receptors. 4) Mitigation measures such as restrictions on the time of construction for activities resulting in high noise levels. oo. The applicant shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Department of Public Works, shall include, as appropriate (MM): 1) Provision of rideshare incentives. 2) Provision of transit incentives for construction personnel. 3) Configuration of construction parking to minimize traffic interference. 4) Measures to minimize obstruction of through traffic lanes. 5) Use of a flagman to guide traffic when deemed necessary. (02pcm0924) PC Minutes September 24, 2002 Page 32 pp. The applicant shall produce evidence acceptable to the City Engineer that: (MM) 1) All grading and construction vehicles and equipment, fixed or mobile, shall be equipped and maintained with effective muffler systems that use state of the art noise attenuation. 2) Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors. 3) All operations shall comply with the City of Huntington Beach Noise Ordinance. qq. The applicant shall produce evidence (specifications) acceptable to the City Engineer that the new walls, if constructed, along the project's northern property (along the rear property line of lot #103 to lot #123 on Kenilworth Drive and the side property lines of lots #125 and #126 on Greenleaf Lane of Tract 5792) and Graham Street (along the project's boundary) will be constructed to achieve maximum sound attenuation. (MM) rr. The recommendations contained in Section 7.0 of the geotechnical study, located in Appendix E of the EIR shall be incorporated into the earthwork activities of the proposed project to the satisfaction of the City Engineer. Earthwork activities include grading, clearing and demolition, site preparation, unsuitable soil removals, backcuts, excavation processing, compaction of all fills, mixing, benching, inspection, survey control, subgrade preparation, cut and fill slope construction, haul roads, import soils, structural load and settlement/subsidence measures, and storm drain relocation. (MM) ss. The applicant shall contract with a dewatering expert to prepare a detailed Dewatering Plan. This plan shall include the placement of monitoring wells near the northern property line to evaluate ground water levels during the proposed project dewatering activities. The dewatering activities shall be adjusted immediately if the monitoring wells show ground water level changes which may effect subsidence of adjacent properties. The Dewatering Plan shall be reviewed and approved by the Department of Public Works. (MM) ft. A Phase II environmental soil sampling shall be conducted to determine the residual levels of pesticides in the soil. If inappropriate/unsafe levels are identified by this analysis, "clean up" measures shall be recommended and implemented. The Phase II sampling and any necessary measures shall be approved by the Department of Public Works. (MM) uu. The applicant shall provide a Water Quality Management Plan showing conformance to the Orange County Drainage Area Management Plan and all NPDES requirements (enacted by the EPA) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, (02pcm0924) PC Minutes September 24, 2002 Page 33 control techniques and systems, design and engineering methods, and such other provisions which are appropriate. (MM) vv. The developer shall submit a hydraulic computer water model analysis for the development proposed on the City parcel, which addresses the following: 1) Water demand required by project (fire flow demand as determined by the Fire Department) 2) Master Plan/General Plan Amendment (GPA) review 3) The City of Huntington Beach Water (Master Plan) System Computer Model (i.e. H2ONET) must be run with the proposed land use demands (i.e. GPA), and contrasted with the model run using the existing land use demands, (i.e. the General Plan, in effect at the time the Water Master Plan was adopted). 4) The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (H2ONET), for a fee to be paid by the developer a minimum of 30 days in advance. If the analysis shows that project demands cannot be met with the City's current water system, the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project at no cost to the City. (MM) ww. Irrigation systems within the Park, which minimize water waste, shall be used to the greatest extent possible. Such measures should involve, where appropriate, the following features: 1) Raised planters and berming in conjunction with closely spaced low volume, low angle (22 % degree) sprinkler heads. 2) Drip irrigation 3) Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. 4) The use of reclaimed water for irrigated areas and grasslands. The project applicants shall connect to the Orange County Water District's "Green Acres" system of reclaimed water should this supply of water be available. Separate irrigation services shall be installed to ease this transition. 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading and construction to keep the soil damp enough to prevent dust being raised by the operations and when leaving the site. Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and (02pcm0924) PC Minutes September 24, 2002 Page 34 prevent dust pick up by the wind; spread soil binders; and implement street sweeping as necessary. (MM) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. During construction, the area shall be wet down in the late morning and after work is completed for the day (MM). d. All trucks hauling dirt, sand, soil, or other loose substances and building materials shall be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. (MM) e. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. Install vehicle wheel -washers before the roadway entrance at construction sites (MM) f. Where feasible, pervious paving materials shall be used to reduce surface water runoff. (MM) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. The remediation operations shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Comply with the "Water Quality Management Plan" requirements. (PW) k. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. Discovery of contaminated soil and/or abandoned oil wells require immediate fire department notification. All project processes in the immediate discovery area shall cease until approved plans are in place. (FD) I. Construction equipment shall be maintained in peak operating condition to reduce emissions. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune. Truck idling shall be prohibited for periods longer than 10 minutes (MM) m. Use low sulfur (0.05% by weight) fuel by weight for construction equipment (MM). (02pcm0924) PC Minutes September 24, 2002 Page 35 n. Phase and schedule construction activities to avoid high ozone days. Discontinue construction during second stage smog alerts (MM). o. A phased schedule for construction activities to minimize daily emissions shall be complied with. Treat unattended construction areas with water (disturbed lands which have been, or are expected to be unused for four or more consecutive days). Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. p. The planting of vegetative ground cover as soon as possible on construction sites shall be required. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads (MM) q. On -site parking shall be provided for all construction workers and equipment unless approved otherwise by the Department of Public Works. (PW) r. Enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials shall be required. (MM) s. The construction disturbance area shall be kept as small as possible. Control off -road vehicle travel by posting driving speed limits on these roads, consistent with City standards. Use electricity from power poles rather than temporary diesel or gasoline power generators when practical. The applicant shall be responsible for assuring that vehicle movement on any unpaved surface other than water trucks shall be terminated if wind speeds exceed 15 mph. (MM) t. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) u. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. v. The property owner is responsible for all required clean up of off -site dirt, pavement damage and/or restriping of the public rights -of -way as determined by the Department of Public Works. (PW) w. The property owner shall be responsible for paving all access aprons to the project site and for the maintenance of the paving. (MM) (02pcm0924) PC Minutes September 24, 2002 Page 36 x. The property owner shall be responsible for incorporating measures to reduce construction related traffic congestion with the implementation of rideshare incentives, transit incentives, construction area parking, use of flagmen, and implementation of measures to minimize the obstruction of through traffic lanes, as deemed appropriate by Public Works. (MM) y. The project shall provide easy access into and within the project site for emergency vehicles and addresses shall be well marked to facilitate response by officers. Prior to the first final inspection, project site plans depicting these requirements shall be reviewed and approved by the Police Department. INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT MAP NO. 15377 & 15419: Tentative Map No. 15377 and 15419 shall be valid for two (2) years of the date of final approval which is from the time the Local Coastal Program Amendment for the area is deemed certified by the California Coastal Commission. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 2. 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. 3. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) 4. All new and existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance. In addition, all electrical transformers shall be installed underground. Aboveground transformers may be allowed due to certain groundwater conditions and shall be approved by the City Engineer and City Landscape Architect. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.96- 90/COASTAL DEVELOPMENT PERMIT NO. 96-18: 1. The site plan, floor plans and elevations received and dated July 8, 2002 shall be the conceptually approved layout with the following modifications: a. Lot No. 4 of TTM 15419 shall be deleted. b. Depict all utility apparatus, such as but not limited to 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. (02pcm0924) PC Minutes September 24, 2002 Page 37 Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. Individual building site plans shall be reviewed and approved by the City's Departments of Planning and Public Works. The final building layout shall be within the building envelope as depicted on the Building Envelope Plan. (MM) d. 25% of the minimum 60 foot wide lots must have side entry garages and/or garages located to the rear of the lot. e. Increase interior side yards (minimum 10') when adjacent to the rear yard of an adjoining lot. f. Stagger the front yard setback for garages (i.e., from two to four feet between all units) within the two subdivisions or develop another alternative to vary the street scene. g. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), 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. 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. (MM) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. (FD) c. All Fire Department requirements shall be noted on the building plans. (FD) d. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification #426-Fire Safety Requirements for Construction Sites. (FD) (02pcm0924) PC Minutes September 24, 2002 Page 38 e. Fire access roads shall be provided in compliance with City Specification #401-Minimum Access for Fire Department Access. (FD) Fire hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Department of Public Works and approved by the Fire Department. Indicate hydrant locations and fire department connections. The Fire Department and the Public Works Water Division have determined the number of fire hydrants for the 161 Lot Plan to be 14 and the 171 Lot Plan to be 15. (FD) g. An automatic fire sprinkler system shall be installed throughout each unit. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits (FD). h. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice communication, and 24- hour central station monitoring. (FD) i. Street names must be approved by the Fire Department. Please refer to City Specification #409-Street Naming Process, Public or Private. (FD) j. A detailed soils analysis shall be prepared by a Licensed 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.(BD) k. 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) I. 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. m. Contact the United States Postal Service for approval of mailbox location(s). (02pcm0924) PC Minutes September 24, 2002 Page 39 n. The recommendations contained in Section 8.0 of the geotechnical study, located in Appendix E of the EIR, shall be incorporated into the structural design of the proposed project to the satisfaction of the City Engineer. Structural design activities include: Foundation Design; Settlements including Foundation Loads and Seismically Induced Settlements; Post -Tensioned Slab/ Foundations; Mat Foundations; Other Foundation Recommendations such as Footing Embedment, Underslab Treatment, and Subgrade Moisture Content; Concrete Driveways, Sidewalks, and Flatwork; Structural Setbacks; Retaining Walls; Other Design and Construction Recommendations such as Lot Drainage, Utility Excavations, Utility Trench Backfill, Corrosion, Metallic Structures, and Concrete Structures.(MM) o. It shall be proven to the City that all structures are designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake.(MM) p. Building plans shall be submitted to and approved by the Fire Department. If during the Fire Department's plan check it becomes evident that fireground operations will become impeded, the department will impose additional fire code requirements in addition to the automatic sprinkler systems, alarm systems, access roads, etc. (MM) 3. The following conditions shall be completed prior to issuance of Building Permits: a. Prior to the construction of infrastructure facilities incorporating Tract 15419, proof shall be shown from L.A.F.C.O., for approval of annexation of Tract 15419 into the City of Huntington Beach, subject to approvals from Departments of Planning and Public Works. b. Submit a 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; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. c. A grading permit shall be issued. (PW) d. The final Tract Map shall be recorded with the County of Orange and a copy filed with the Planning Department. (PW/Code Requirement) e. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and (02pcm0924) PC Minutes September 24, 2002 Page 40 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 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. The plan shall include all common areas, the proposed City Park, Graham Street setback area, and the paseo park. The paseo park along the north property line shall include intensified landscaping to further screen possible headlight intrusion. In addition, Lot "B" of TTM 15419 shall consist of non-invasive, native drought tolerant plant material without a permanent irrigation systems. (PW) The Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW) g. An interim parking and 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 plan shall also be reviewed and approved by the Departments of Fire and Public Works. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. (PW) h. A copy of a Letter of Map Revision from the Federal Emergency Management Agency (FEMA) removing the property(ies) from the floodplain shall be submitted to the Planning Department for inclusion in the entitlement file: Or submit a copy of completed FEMA Elevation Certificate(s) based on construction drawings, or Floodproofing Certificate in the case on a non-residential structure, for each building. i. The project applicant shall implement conditions of the Public Works Department regarding storm drainage improvements which shall include, but not be limited to (MM): 1) Construct the necessary storm drainage improvements (identified on Exhibit 42 within the EIR) to handle increased flows and intercept off - site flows (02pcm0924) PC Minutes September 24, 2002 Page 41 2) Ensure that future building pads are placed at elevations suitable to withstand 100-year flood. 3) Construct the necessary improvements to the East Garden Grove — Wintersburg Channel (C05) along the site perimeter k. The applicant shall show proof of compliance with the Mitigation Agreement established between the Huntington Beach Union High School District, subject to the approval of the City of Huntington Beach. (MM) I. Pervious paving material shall be used whenever feasible to reduce surface water runoff and aid in groundwater recharge and slopes and grades shall be controlled to discourage water waste through runoff. (MM) m. The property owner shall construct the new sewer lift station and force main in accordance with the City -approved Sewer Plan for the proposed project, and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands. (MM) n. The Southern California Gas Company or designated natural gas provider shall be consulted with during the building design phase for further energy conservation measures. (MM) o. SCE shall be consulted with during the building design phase for further energy conservation measures. (MM) 4. Structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. Installation of required landscaping and irrigation systems shall be completed. (PW) b. Landscape irrigation and planting installation shall be certified to be in conformance to 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. Installation of required landscaping and irrigation systems shall be completed. (PW) c. The applicant shall provide proof that energy saving features have been installed in project homes as required by the Uniform Building Code. Features may include: solar or low -emission water heaters, energy efficient appliances, double -glass paned windows, low -sodium parking lights, etc. (MM) (02pcm0924) PC Minutes September 24, 2002 Page 42 d. The public park shall be completed other than the one year maintenance period at the request of 50% occupancy (or by the 95'h home Certificate of Occupancy). (PW) e. All public infrastructure must be completed per the approved plans. (PW) f. All improvements must be completed per the approved grading plans. (PW) g. The applicant shall be responsible for improving Graham Street in accordance with the approved signing and striping plan. (PW/MM) h. All landscape irrigation and planting installation shall be certified to be in conformance to 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. (PW) i. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) j. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) k. Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (Fire Dept. City Specification 407) (FD) I. Backflow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services. m. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) n. Secondary emergency access gates must be secured with KNOX and association (if any) hardware. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with Fire Dept. City Specification No. 415. (FD) o. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification #415-Fire Lane Signs. If prior to approved signage fire (02pcm0924) PC Minutes September 24, 2002 Page 43 lane violations occur and the services of the Fire Department are required, the applicant may be liable for related expenses. (FD) p. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. q. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. r. 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. s. A second Elevation Certificate certifying the "as built' lowest floor for each building shall be submitted to the Planning Department, or a Letter of Map Revision shall be issued by the Federal Emergency Management Agency (FEMA) and submitted to the Planning Department. (Code Requirement) t. All drainage, pump station and channel improvements consistent with the facilities identified in the FEMA CLOMR, dated June 6, 2002, shall be completed in place and operational. A Letter of Map Revision (LOMR) from FEMA shall be obtained by the developer following completion of the improvements. (PW) u. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. v. The project shall comply with all provisions of the Huntington Beach Fire Code and Fire Dept. City Specification 422, Well Abandonment. w. The project shall comply with all provisions of the HBMC Section 17.04.085 and Fire Dept. City Specification 429, Methane District Building Permit Requirements. x. The applicant shall provide proof to the City's Traffic Engineer that the project has contributed its 'fair -share' towards regional traffic improvement systems (i.e., traffic impact fees) for the area. This shall include efforts to synchronize traffic lights on streets impacted by project development.(MM) y. Testing to verify the estimated radon gas levels shall be implemented as deemed necessary by the Department of Planning(MM) z. The following water conservation measures shall be implemented as required by state law: (02pcm0924) PC Minutes September 24, 2002 Page 44 1) Ultra -low -flush toilets 2) Ultra -low -flow showers and faucets 3) Insulation of hot water lines in water recirculating systems 4) Compliance with water conservation provisions of the appropriate plumbing code (MM) aa. Water pressure regulators to limit downstream pressure to a maximum of 60 psi shall be installed. (MM) bb. The applicant shall provide information to prospective residents regarding benefits of low water use landscaping and sources of additional assistance in selecting irrigation and landscaping. (MM) cc. The development shall comply with all applicable Mitigation Measures in Environmental Impact Report No. 97-2 and New Alternatives to EIR No. 97-2. 5. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have 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's may be required pursuant to the HBZSO. 6. Prior to finalization of the Tract or exoneration of the Guarantee Bond, maintenance for the City Park (Lot A) shall be for a period of 12 months after the 90-day plant establishment period. The Park may open at the beginning of maintenance period. (PW) 7. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) 8. A public art element shall be integrated and be in a location that is visible to the public within the Parkside Estates residential project. Public art shall incorporate the following: a) Artistic excellence and innovation b) Appropriate to the design of the project c) Indicative of the community's cultural identity (ecology, history, society) The public art element shall be reviewed and approved by the Design Review Board, the Planning Director, and the Cultural Services Division (02pcm0924) PC Minutes September 24, 2002 Page 45 Manager prior to issuance of any building permit for the project. The public art shall be in place at the subject site prior to final building inspection. 9. This TTM and CUP and CDP shall not become effective until GPA 98-1, Zoning Map Amendment No. 96-5A & 513, and LCPA No. 96-4 has been approved by the City Council, and California Coastal Commission, and is in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. 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. 2. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 3. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 4. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of ExDetermination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 5. A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Building Permits. 6. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 7. State -mandated school impact fees shall be paid prior to issuance of building permits. 8. An encroachment permit shall be required for all work within the right-of- way. (PW) 9. The development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) (02pcm0924) PC Minutes September 24, 2002 Page 46 B-3a. ENVIRONMENTAL IMPACT REPORT NO. 01-02 (THE STRAND AT DOWNTOWN HUNTINGTON BEACH - BLOCKS 104/105): Co -Applicants: CIM/Huntington, Inc. and Redevelopment Agency of the City of Huntington Beach. Request: EIR: an analysis of potential environmental impacts associated with a mixed -use development consisting of approximately 226, 500 sq. ft. of retail, restaurant, office, a 152-room hotel, and an approximately 405 space two - level subterranean public parking structure on an approximately 2.97 acre site. Location: Bounded by Pacific Coast Highway, Sixth Street, Walnut Avenue and the alley between Fifth Street and Main Street. The project does not include Ocean View Promenade, the retail buildings fronting on Main Street, the El Don Liquor building, or the Worthy property at the comer of Sixth and Walnut (Blocks 104 and 105). Project Planner: Herb Fauland, Principal Planner Environmental Impact Report No. 01-02: - Analyze the potential environmental impacts associated with a request to construct a mixed use retail, restaurant, and office complex, a 152 room hotel, and a two -level subterranean public parking structure with special permits to allow deviations from certain code requirements. - Documents potential impacts to Aesthetics/Visual Quality, Air Quality, Cultural Resources, Geology and Hydrology, Land Use, Noise, Population and Hosing, Public Services and Utilities, and Transportation and Circulation. - Evaluates five alternatives to the original project proposal. - Concludes that potential impacts can be mitigated to less than significant levels in the areas of Cultural Resources, Geology and Hydrology, Land Use, Population and Hosing, and Transportation and Circulation. - Concludes that potential impacts cannot be mitigated to less than significant levels in the areas of Aesthetics/Visual Quality, Air Quality, Noise, and Public Services and Utilities. Staff's Recommendation: Certify Environmental Impact Report No. 01-02 as adequate and adopt a Statement of Overriding Considerations based upon the following: - Compliance with California Environmental Quality Act (CEQA) - Compliance with the City of Huntington Beach General Plan goals, policies, and objectives - Compliance with the City of Huntington Beach Downtown Specific Plan except for any special permits which may be granted - Potentially significant environmental impacts have been eliminated or substantially lessened - Remaining significant unavoidable impacts are found to be acceptable due to overriding considerations - Benefits of the project are balanced against its unavoidable environmental impacts Commission Chair Shomaker excused herself from action on the item due to a conflict of interest. (02pcm0924) PC Minutes September 24, 2002 Page 47 DUE TO THE LATE HOUR OF 11:00 P.M., A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HARDY, TO CONTINUE WITH PUBLIC HEARING ITEM NO. B-3, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Livengood, Kokal, Porter NOES: Kokal ABSENT: None ABSTAIN: Shomaker MOTION PASSED Staff made a presentation to the Commission. Questions/comments included: ■ Condition of approval for permanent signage for stairway to terrace level (open space) ■ Luminescent lighting (tower at the comer of PCH and 5 Street) ■ Subterranean garage (referred to DRB) ■ Public art information ■ Worthy property issues (setbacks, sound wall, reciprocal driveway, landscaping, addressed by staff with detailed options provided) ■ Environmental Board/CalTrans response to comments (traffic demand, parking square footage, Downtown Parking Master Plan compliance) ■ Parking (square footage, in -lieu fees, traffic study figures) ■ 2"d story windows at the Bagstad property ■ Maintaining access to businesses during construction period ■ Banquet facility in the proposed hotel (square footage, capacity) THE PUBLIC HEARING WAS OPENED: Marty Borko, Gensler Architects, Santa Monica, spoke in support of the item and provided a PowerPoint presentation outlining architecture, design, traffic circulation, parking and other elements of the proposed project. Joyce Riddell, Huntington Beach Chamber of Commerce, spoke in support of the item. She discussed the theme and its consistency with the Coastal Mediterranean architecture, and how the project will generate revenue by providing a place for tourists to shop, dine and lodge. Pat Rogers, Huntington Beach Chamber of Commerce, spoke in support of the item, discussing how the project will benefit tourism. David Max Muller, 9th Street, Huntington Beach, spoke in support of the item to eliminate blight, generate revenue through retail and hotel tax, and offer new business tenants a desirable location. He also discussed parking and stated that the project is supported by a number of downtown merchants. (02pcm0924) PC Minutes September 24, 2002 Page 48 Dale Dunn, Huntington Beach Conference & Visitors Bureau, spoke in support of the item, specifically the hotel component. Charlie Bunton, 5th Street, Huntington Beach, spoke in support of the item discussing its aesthetic improvements, generation of hotel tax, and the services it will offer to Huntington Beach residents. Pat Davis, Collins Street, Huntington Beach, spoke in support of the item. Shirley Lewis, Beach Blvd., Huntington Beach, spoke in support of the item and urged the Commission to move forward by continuing to improve the downtown. Doug Traub, Huntington Beach Conference & Visitors Bureau, spoke in support of the item discussing its benefit to tourism by providing new jobs, generating tax revenue, offering new restaurants and other services to the community. He also spoke in favor of the Marriott Hotel component. John Gilbert, Hilton Waterfront Beach Resort, spoke in support of the item, discussing the projects benefits to tourism through various components (accommodations, recreation, entertainment, etc.). Ethen Thacher, Makar Properties, Pacific City developer, spoke in support of the item and urged the Commission to certify the EIR because of the project's benefits to tourism in the City. Dina Garland, Huntington Beach Public Works Commission Chair, spoke in support of the item, discussing how it will generate tax revenue and enhance the 1st block area by providing a place to shop, dine and lodge. Jeff Bergsma, Main Street, Huntington Beach, spoke in support of the item and discussed the benefits of outdoor dining. Keith Bohr, Main Street, Huntington Beach, spoke in support of the item and its merits by providing much needed office space, and quality retail and hotel accommodations for tourism. He urged the Commission to certify the EIR. Guy Guzzardo, Sixth Street, Huntington Beach, spoke in support of the item and thanked staff and the developer for working to address certain issues that affect the Worthy property. He discussed modifications to setbacks and the reciprocal driveway, and voiced concerns about the 8 ft. sound wall with a 3 ft. setback along the alley off Walnut Avenue. He suggested the developer include a landscape buffer. Dick Harlow, Main Street, Huntington Beach, spoke in support of the item and its benefits to downtown property owners, both residential and commercial. He referred to the project architect as world -class and praised the developer. He discussed setback issues related to the Worthy property and urged the Commission to certify the EIR. (02pcm0924) PC Minutes September 24, 2002 Page 49 John Given, co -applicant, CIM Group, Los Angeles, spoke in support of the item, calling it a quality project with many benefits. He outlined the retail elements and addressed issues including sidewalk width on 5th Street, alley setbacks, reciprocal driveway access and suggested structural improvements. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KOKAL, SECONDED BY PORTER, TO ADJOURN THE MEETING AND CONTINUE ENVIRONMENTAL IMPACT REPORT NO.01- 02 TO OCTOBER 1, 2002, BY THE FOLLOWING VOTE: AYES: Kokal, Porter NOES: Stanton, Kerins, Hardy, Livengood ABSENT: None ABSTAIN: Shomaker MOTION FAILED A MOTION WAS MADE BY KERINS, SECONDED BY STANTON, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO.02-02 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO. 1575, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Livengood, Porter NOES: Kokal ABSENT: None ABSTAIN: Shomaker MOTION PASSED B-3b. TENTATIVE TRACT MAP NO. 16406/CONDITIONAL USE PERMIT NO. 99-45 WITH SPECIAL PERMITS NO.02-06/COASTAL DEVELOPMENT PERMIT NO. 99-16 (THE STRAND AT DOWNTOWN HUNTINGTON BEACH — BLOCKS 1041105): Co -Applicants: CIM/Huntington, Inc. and Redevelopment Agency of the City of Huntington Beach. Reguest: TTM: a subdivision map to consolidate multiple parcels on portions of two blocks into one 2.97-acre parcel for condominium purposes. The map includes right of way dedications along Pacific Coast Highway and 6th Street; the vacation of the alleys on Block 105 for private access easements with reciprocal access; the vacation of a portion of the alley on Block 104 and alley dedications with reciprocal access; and the dedication and reservation of 5`h Street for a 65 ft. wide public access easement with reciprocal access including a 24 ft. wide reciprocal easement for vehicular purposes. CUP/CDP: to permit the construction of a mixed -use project consisting of approximately 226, 500 sq. ft. of retail, restaurant, office, a 152- room hotel, and an approximately 405 space two -level subterranean public parking structure on an approximately 2.97 acre site. To permit 5.9% (24 spaces) of the 405 total parking spaces in the subterranean garage to be (02pcm0924) PC Minutes September 24, 2002 Page 50 compact in size. To permit valet service, parking entrance gates with attendant booths, and collection of fees within the subterranean parking garage. SPECIAL PERMITS: To permit the following, 1) encroach into the minimum ground floor setback along Pacific Coast Highway at 0 ft. in lieu of 15 ft., 2) encroach into the minimum ground floor setback along Sixth Street at 6.5 ft. in lieu of 15 ft., 3) encroach into the minimum ground floor setback along Walnut Avenue at 5 ft. in lieu of 15 ft., 4) encroach into the minimum upper story setback along Pacific Coast Highway at 9 ft./average 11 ft. 4 in. in lieu of min. 15 ft./average 25 ft., 5) to exceed the maximum building height with the hotel at 49 ft. 6 in. in lieu of 45 ft. and the architectural tower at 70 ft. in lieu of 55 ft., and 6) to reduce the view corridor on Fifth Street from 80 ft to 65 ft. Location: Bounded by Pacific Coast Highway, Sixth Street, Walnut Avenue and the alley between Fifth Street and Main Street. The project does not include Ocean View Promenade, the retail buildings fronting on Main Street, the El Don Liquor building, or the Worthy property at the comer of Sixth and Walnut (Blocks 104 and 105). Project Planner: Herb Fauland, Principal Planner STAFF RECOMMENDATION: Motion to: A) "Approve Tentative Tract Map No. 16406, Conditional Use Permit No. 99-45 with Special Permit No. 02-06, and Coastal Development No. 99-16 with recommended staff modifications, findings, and suggested conditions of approval," and B) "Approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations," and C) "Approve the Mitigation Monitoring and Reporting Program." Conditional Use Permit No. 99-45 request: - Construct an approximately 226,500 sq. ft. mixed -use development consisting of retail, restaurant, office, a 152-room hotel, and a 405 space two -level subterranean public parking structure. - Allow 5.9% (24 spaces) of the 405 total parking spaces in the two -level subterranean public parking structure to be compact in size. - Allow valet service, parking entrance gates, attendant booths, and collection of fees within the subterranean public parking structure. • Special Permit No. 02-06 request: - Encroach into minimum ground floor setbacks along Pacific Coast Highway (0 ft. in lieu of 15 ft.), Sixth Street (6.5 ft. in lieu of 15 ft.), and Walnut Avenue (5 ft. in lieu of 15 ft.) - Encroach into minimum upper story setbacks along Pacific Coast Highway minimum 9 ft./average 11 ft. 4 in. in lieu of min. 15 ft./average 25 ft. - Exceed maximum building height with hotel (49.5 ft. in lieu of 45 ft.) and architectural tower feature (70 ft. in lieu of 55 ft.) - Reduce the ultimate right of way and view corridor on Fifth Street (65 ft. in lieu of 80 ft.) Coastal Development Permit No. 99-16 request: - Allow development within the appealable jurisdiction of the coastal zone consisting of a mixed -use project with a two -level 405 space subterranean public parking structure. (02pcm0924) PC Minutes September 24, 2002 Page 51 • Tentative Tract Map No. 16406 request: - A subdivision map to consolidate multiple existing parcels on portions of two blocks into one 2.97-acre parcel for condominium purposes. Staffs Recommendation: Approve Conditional Use Permit No. 99-45 with Special Permit No. 02-06, Coastal Development Permit No. 99-16, and Tentative Tract Map No. 16406 with modifications based upon the following: - The project as conditioned and with mitigation measures to reduce impacts will not be detrimental to the general health, welfare and safety to persons working or living in the area, nor detrimental to the value of the property or improvements in the area. - The proposed mixed -use project as conditioned will be compatible with the uses and structures on the adjacent surrounding properties because of proper ground level and upper story setbacks. - The proposed project as conditioned will Provide additional open space and outdoor dining opportunities along 51 Street, provide additional ground level and upper story setbacks with added architectural treatment adjacent to the Helme-Worthy site, and therefore enhance the overall aesthetic appearance of the project design. - The proposed project as conditioned will provide a design that will create a character and scale consistent with the pedestrian orientation of downtown and along 5th Street. - The proposed mixed -use project is consistent with the MV-F12-sp-pd (Mixed Use Vertical-3.0 FAR/35 du/acre-specific plan -pedestrian overlay) Land Use designation of the General Plan. - With the conditions imposed, the special permit requests to encroach into ground floor and upper story setbacks, exceed maximum building height, and reduce the 5'h Street view corridor will not be materially detrimental to surrounding properties or residents. • Staffs Suggested Modifications: Conditional Use Permit No. 99-45 with Special Permit No. 02-06 and Coastal Development Permit No. 99-16 - Incorporate a minimum 20 ft. setback between the historic Helme-Worthy southerly property line and the fagade of the service drive and the 2nd level of the hotel Bldg. G. The 20 ft. setback shall be fully landscaped with turf and trees except at the reciprocal access point. - Incorporate an average 10-15 ft. upper story setback on the third and fourth levels of the hotel Bldg. G adjacent to the historic Helme-Worthy property. This recommendation results in an average 10-15 ft. setback from the project's 1s' and 2m story facades adjacent the Helme-Worthy property- - Incorporate a minimum three ft. ground floor setback for all portions of first floor buildings (A, B, C, D) abutting alleys or easements. Setbacks above the ground floor may cantilever to a zero ft. (0 ft.) setback. (02pcm0924) PC Minutes September 24, 2002 Page 52 - Incorporate an additional 2.5 ft. setback for buildings (A, D, E) fronting 5th Street to provide additional sidewalk space for outdoor dining (min. width of 10 ft.) and public open space. - Enclose the service drive adjacent to the Helme-Worthy property except at the 20 ft. reciprocal access point. The enclosure adjacent to the Helme-Worthy property shall be provided with a trellis vine landscape treatment. - Require a 20 ft. reciprocal access driveway to the Helme-Worthy property from Sixth Street and the service drive. The service drive shall be re -designed for two-way traffic from Sixth Street to the eastern edge of the reciprocal access driveway. - Require an 8 ft. high wall on the Helme-Worthy site for additional noise mitigation. - Reduce the hotel square footage or provide additional parking to comply with the Downtown Parking Master Plan. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO CONTINUE TENTATIVE TRACT MAP NO. 16406/CONDITIONAL USE PERMIT NO. 99-45 WITH SPECIAL PERMITS NO. 02-06/COASTAL DEVELOPMENT PERMIT NO. 99-16 TO OCTOBER 1, 2002; AND ADJOURN BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: Shomaker MOTION PASSED C. CONSENT CALENDAR - None. D. NON-PUBLIC HEARING ITEMS D-1. REVISION TO GENERAL PLAN FIGURE CE-3: Applicant: City of Huntington Beach Request: Administrative Amendment to Figure CE-3 to add a footnote. Location: Citywide Staff Planner: Jason Kelley, Assistant Planner Revision to the General Plan Circulation Element to: - Amend Figure CE-3 (Potential for 2010 Circulation Plan of Arterial Highways) by adding a footnote to ensure that the City's designated street network can only be implemented following appropriate amendment of the Orange County Master Plan of Arterial Highways (MPAH). • Staff recommends approval of the revision to Figure CE-3 for the following reasons: (02pcm0924) PC Minutes September 24, 2002 Page 53 The revision is administrative in nature and does result in substantive changes to the General Plan or its goals, objectives and policies. The revision addresses a concern of OCTA regarding the necessity to maintain consistency between the City's Circulation Plan and the MPAH. STAFF RECOMMENDATION: Motion to: "Approve the Revisions to General Plan Figure CE-3 and forward to the City Council for adoption." Staff made a presentation to the Commission. Questions/comments included: ■ Does recommended change prohibit enlarging or narrowing of roadways? (staff replied no). A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HARDY, TO APPROVE REVISIONS TO GENERAL PLAN FIGURE CE-3 AND FORWARD TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Stanton - None. Commissioner Kerins - None. Commissioner Hardy - None. Commissioner Shomaker - None. Commissioner Uven000d - None. Commissioner Kokal - None. Commissioner Porter - None. (02pcm0924) PC Minutes September 24, 2002 Page 54 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING — No report. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING — No report. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING — No report. G. ADJOURNMENT — Adjourn to the special Planning Commission meeting of October 1, 2002. HZ:HF:d APPRO D BY: Ho rd Zelefsky, Secretary (02pcm0924) J Shomaker, Chairperson