HomeMy WebLinkAbout2007-02-21a
•
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, FEBRUARY 21, 2007 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland, Acting Zoning Administrator
STAFF MEMBER: Jane James, Jeanie Cutler (recording secretary)
MINUTES:
NONE
ORAL COMMUNICATION: NONE
ITEM 1: NEGATIVE DECLARATION NO. 2005-005/COASTAL DEVELOPMENT PERMIT NO.
2005-007 (NEWLAND STREET IMPROVEMENTS):
APPLICANT/
PROPERTY OWNER:
City of Huntington Beach Public Works Department, Douglas A.
Erdman, PE, Associate Civil Engineer
REQUEST:
To permit the widening and improvement of Newland Street from
Pacific Coast Highway to Hamilton Avenue, including widening
the reinforced concrete bridge at Huntington Channel, installation
of storm drain improvements, and raising the profile of Newland
Street to improve traffic visibility.
LOCATION:
Newland Street, between Pacific Coast Highway and Hamilton
Avenue
PROJECT PLANNER:
Jane James
Jane James, Staff Planner, displayed project plans and photographs and stated the purpose,
location, zoning, and existing uses of the requested project. Staff presented an overview of
the proposed project and the suggested findings and conditions of approval as presented in
the executive summary, emphasizing the improvements and mitigation measures
recommended by the Environmental Assessment Committee.
Staff stated that five comment letters had been received with concerns including keeping the
mitigation local, addressing storm drainage and bacteria issues. Staff recommended approval
of the request based upon the suggested findings and subject to the suggested conditions as
presented in the executive summary
Herb Fauland, Acting Zoning Administrator, stated he had driven by the site and is very aware
® of the safety and traffic issues related to the bridge. Mr. Fauland stated he had reviewed the
documentation including the Mitigated Negative Declaration, the Errata and staff's response to
the five comment letters and the change to mitigation measure, and had also met with staff to
go over the technical issues. 0
THE PUBLIC HEARING WAS OPENED.
Douglas Erdman, Department of Public Works (PW) Associate Civil Engineer, confirmed he
had reviewed the suggested conditions of approval and mitigation measures and found them
to be acceptable.
Robert London Moore, Mills Land & Water Company, had several questions concerning the
location of the improvements, possible flooding due to removal of the drainage ditch and the
timeframe for the project.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Todd Broussard, Department of Public Works, Principal Civil Engineer, addressed Mr. Moore's
questions stating that the existing Newland Street has culverts that cross and connect the
existing unapproved drainage ditch to the west side of Newland, and those culverts will be
replaced along with the storm drains which will address the drainage issue along the westerly
side. Installation of the new storm drain and gravity flow system would address the flooding
issue.
Mr. Broussard stated that the City has not obtained right-of-way on the west side of Newland,
north and south of the bridge over Huntington Channel.
Mr. Broussard stated that they (PW) anticipated going out to bid on the project in the spring of
2007 for a construction period of approximately one year.
Mr. Moore asked if there were any plans to acquire the right-of-way on the west side and
Mr. Broussard stated that several years ago they (PW) had attempted to obtain the right-of-
way but were unable to come to a mutual agreement.
Mr. Fauland stated that staff answered technical numerical questions with regards to wetland
areas. Mr. Fauland concurred with the change in mitigation measure and agreed that the
mitigation be within the City limits, within close proximity to the project.
Mr. Fauland noted that condition No.3, which is mitigation measure BIO 2 identified on page 17
of the Draft Mitigated Negative Declaration, will be included in the conditions of approval.
Mr. Fauland stated he had reviewed all the documentation and believes the Response to
Comments and revision to mitigation measures are consistent with City and State requirements
for mitigation of such improvements and concurs with those recommendations. Mr. Fauland
stated he has reviewed the suggested findings for approval for both the Draft Mitigated
Negative Declaration and the Coastal Development Permit and finds them to be sufficient for
this project, and based upon all the documents presented; the Errata and Response to
Comments to the Draft Mitigated Negative Declaration with the revisions along with the
inclusion of the second mitigation measure, Mr. Fauland stated that he was going to approve
the requested Negative Declaration and Coastal Development Permit.
GAZONINGADMINISTRATORIZAMIN107107Zm0221.DOC 2 (07=0221)
NEGATIVE DECLARATION NO.2005-005/COASTAL DEVELOPMENT PERMIT NO
2005-007 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE
FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ACTING
ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10)
WORKING DAYS.
FINDINGS FOR APPROVAL — NEGATIVE DECLARATION NO. 2005-005:
The Negative Declaration No. 2005-005 has been prepared in compliance with Article 6 of
the California Environmental Quality Act (CEQA) Guidelines. It was advertised and
available for a public comment period of thirty (30) days. Comments received during the
comment period were considered by the Zoning Administrator prior to action on the
Negative Declaration and Coastal Development Permit No. 2005-007. As a result of
comments received an Errata to Negative Declaration No. 2005-005 was prepared and
considered by the Zoning Administrator prior to action on the subject entitlement.
2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce
the project's effects to a point where clearly no significant effect on the environment will
occur. The proposed street improvement project will impact 0.16 acres of wetlands by
construction of improvements in the Huntington Channel and by eliminating a drainage
ditch on the east side of Newland Street. Loss of this wetland acreage will be fully
mitigated through an agreement and payment of funds to the Wetlands and Wildlife
• Conservancy to restore an existing 1.597 acre site with water supply, grading, and
vegetation removal resulting in a total 0.97 acre restored wetland area.
3. There is no substantial evidence in light of the whole record before the Zoning
Administrator that the project, as mitigated through the conditions of approval for'CDP NO.
2005-007, will have a significant effect on the environment.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2005-007:
1. Coastal Development Permit No. 2006-007 for the improvements to Newland Street
between Pacific Coast Highway and Hamilton Avenue, including widening the reinforced
concrete bridge at Huntington Channel, installation of storm drain improvements, and
raising the profile of Newland Street to improve traffic visibility, conforms with the General
Plan, including the Local Coastal Program.
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 street widening
and improvement project is compatible with zoning designations on the adjacent
properties. No above ground structures, other than street lights and pet waste bag stations
are proposed in conjunction with the street improvement project. New sidewalks,
landscaping, and infrastructure improvements are all consistent with surrounding zoning
designations.
® 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 includes
GAZONINGADMINISTRATOR\ZAMIN\07107zm0221.DOC 3 (07zm0221)
infrastructure improvements to the street system, storm drain, and bridge over Huntington •
Channel. No other infrastructure improvements, other than standard maintenance, are
necessary for the long-term operation of the proposed street improvement project.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. The proposed street improvement project will not result in
negative impacts to public access and recreation opportunities within the Coastal Zone.
Conversely, the projects results in improved access to coastal resources by improving the
quality of the street, restriping bike lanes on both the east and west sides of Newland
Street, improving the sight visibility over the Huntington Channel, and constructing a
sidewalk on the east side of Newland Street between Pacific Coast Highway and
Huntington Channel, where no sidewalk exists today.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.2005-007:
1. The site plan, floor plans, and elevations received and dated March 11, 2006 shall be the
conceptually approved design.
2. Prior to issuance of grading permits, the City of Huntington Beach shall enter into an
agreement with the Huntington Beach Wetlands Conservancy for restoration of the Upper
Magnolia Marsh, a 1.6 acre site owned by the Conservancy. The agreement shall identify
the three restoration elements of water supply, grading, and vegetation removal, shall
provide for full funding of the $70,835.00 project from the City to the Conservancy, and
shall obligate the Conservancy to carry out the restoration and monitoring of the project
pursuant to the standards of the California Department of Fish and Game. The full
$70,835.00 shall be transferred from the City to the Conservancy prior to issuance of 0
grading permits for the Newland Street Improvement project but the City may also obtain
restoration credits and satisfy mitigation requirements for approximately 0.4 acres of
wetlands anticipated to be effected by the Magnolia Street Improvement project in the
future (Mitigation Measure BIO 1).
3. During construction, an inflatable dam or similar device shall be utilized on only one side
of the channel at a time. Water shall be routed around the construction area and
continuous water exchange up and down the channel shall be maintained. (Mitigation
Measure BIO 2).
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City,or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City, shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
n
U
GAZONINGADMINISTRATORIZAMIN\07107zm0221.DOC 4 (07zm0221)
® THE MEETING WAS ADJOURNED AT 2:1013M BY THE ACTING ZONING ADMINISTRATOR
TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, FEBRUARY 28, 2007 AT 1:30 PM.
Herb Fauland
Acting Zoning Administrator
•
•
.jc
G1ZONING ADMINISTRATOR\ZAMIN\07\07zm0221.DOC 5 (07zm0221)