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HomeMy WebLinkAboutCity Council - 5913 RESOLUTION N0 . 5913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING SUPPLE- MENTAL ENVIRONMENTAL IMPACT REPORT NO. 82=2 (SEIR 82-2 ) FOR THE WATERFRONT PROJECT TO BE LOCATED IN DISTRICTS 9 AND 8B OF THE DOWNTOWN SPECIFIC PLAN WHEREAS, the Waterfront Master Plan and related entitle- ments, and Supplemental Environmental Impact Report No . 82-2 have been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Supplemental Environmental Impact Report; and The Planning Commission has held a public hearing to consider the Waterfront Master Plan and its accompanying SEIR; and All persons and agencies wishing to respond to notice duly given, have been heard by the Planning Commission and such re- sponses and comments as were made were duly noted for incorporation in Supplemental Environmental Impact Report No. 82-2 ; and The Planning Commission recommends adoption and certifi- cation of Supplemental Environmental Impact Report No . 82-2 by the City Council , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : SECTION 1 . The City Council does hereby find that Supplemental Environmental Impact Report No. 82-2 has been completed in compliance with the California Environmental Quality Act and all state and local guidelines therefor . SECTION 2 . The City Council has recognized and considered all significant effects detailed in Supplemental Environmental Impact Report No 82-2 , together with existing and proposed measures to mitigate such significant effects as reflected in Exhibit "A" attached hereto and incorporated herein by reference . SECTION 3 . The City Council further finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with the Waterfront project can be eliminated or reduced to a level of insignificance. -1- 5913 I SECTION 4 . The City Council finds that the benefits accruing to the city, both economically and socially, by virtue of implementing the Downtown Specific Plan through the Waterfront Master Plan override the significant effects detailed in Supple- mental Environmental Impact Report No . 82-2 and the attached Statement of Overriding Considerations attached hereto as Exhibit "B" and incorporated herein by this reference, and this Council does hereby adopt and certify as adequate, Supplemental Environmental Impact Report No. 82-2 . SECTION 5 . The City Clerk is hereby authorized and directed to file with the County Clerk of the County of Orange and the State of California Office of Planning and Research a notice of Determination for Supplemental Environmental Impact Report No. 82-2 , as required by Section 15094 of the California Environmental Quality Act Guidelines. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 th day of August , 1988 . ATTEST: Mayor REVIEWED AND APPROVED APPROVED AS TO FORM: City Administrator 4ci/� torney ITIATED AND A zik rector of Community Development (0891d-1 ) -2- 5913 i MITIGATION MEASURES SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 Soils 1 . The Waterfront project shall conform to mitigation measures included in the Downtown Specific Plan EIR 82-2 . 2 . Subject to approval by the Departments of Community Development and. Public Works , the developer shall incorporate recommendations provided by Irvine Soils Engineering, Inc . (in their June 29 , 1984 limited geotechnical investigation Job No. 2561-00, Log No . 4-6086) into project designs, plans and specifications for each phase of the overall project . 3 . Prior to the issuance of grading permits for each project phase, a supplemental geotechnical investigation based on the specific proposed design shall be performed to confirm subsurface conditions ( liquefaction hazard zones and ground- water levels) , and provide supplemental recommendations, as appropriate, for final design of each structure and for the proposed residential development . 4 . Design provisions such as pile foundation systems shall be required to permit structures to withstand liquefaction without serious consequences . If significant liquefaction hazard zones are identified in the supplemental geotechnical investigation, the development plan shall be revised prior to issuance of building permits for each phase, to avoid these areas or the hazard shall be mitigated by densification of the liquefiable soil or other recognized techniques . 5 . All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. 6 . If verified as being required by a qualified soils engineer, existing fill materials and disturbed, loose soils shall be removed and replaced with competent material . For each phase, .such reports shall be submitted to, and approved by, the City Engineer prior to issuance of grading permits . All site preparation, excavation, and earthwork compaction operations shall be performed under the observation and testing of soils engineer(s) . On Site Wetlands 7 . Subject to the approval of the Coastal Commission, and as agreed upon by City staff and State Department of Fish and Game staff, the amount of wetland area that shall be mitigated for is . 8 acres . City Council Resolution No . 5913 Exhibit A i 5913 8 . To mitigate for the loss of the on-site wetlands, the applicant shall prepare a detailed restoration plan that complies with Coastal Act requirements and Department of Fish and Game criteria . Further discussions with the Coastal Commission, DFG, and U. S. Fish and Wildlife Service will be necessary to determine the most appropriate restoration site, the type of wetland to be restored, the monitoring plan, and other considerations . If off-site mitigation is deemed appropriate, preference shall be given to enhancing/restoring Wetland sites located within the City of Huntington Beach. These issues shall be clarified prior to Coastal Commission review . of a Coastal Development Permit for the affected phase of the project . 9 . Full mitigation of the . 8 acre site shall be completed prior to the subject wetland site being altered by the proposed project . No development permit for grading, construction or otherwise, shall be issued for the impacting phase until full mitigation has been accomplished. The mitigation measure(s) is subject to the approval of the City, the California State Department of Fish and Game and the California Coastal Commission. The restoration plan shall generally state when restoration work will commence and terminate, shall include detailed diagrams drawn to scale showing any alteration to natural landforms, and shall include a . list of plant species to be used, as well as the method of ..plant introduction ( i . e. , I seeding, natural succession, vegetative transplanting, etc. ) . This condition does not preclude fulfillment of the mitigation requirement through the payment of an .in. lieu fee, consistent with the Coastal Commission' s adopted wetlands guidelines and the Huntington Beach Local Coastal Program. 10 . `Prior to the alteration of the on-site wetland area, a coastal development permit shall be obtained from the California State Coastal Commission. 11 . Subsequent to Coastal - Commission and Regional Water Quality Control Board approval of an appropriate wetlands mitigation plan, and prior to the filling of the on-site wetland area, a 404 permit from the Corps of Engineers shall be obtained. Adjacent Wetlands 12 . Prior to any alternation of the overall project site by grading or filling activity, a hydrological analysis .of the drainage patterns affecting the on-site wetland area or adjacent wetland area shall be conducted by the developer . such analysis shall determine the drainage' effects on the wetlands portion of the site. No develop- ment, ,grading' or alteration of the project { site shall occur which affects the wetlands.. or, adjacent wetlands without fully analyzing the affects on the on-site Exhibit A -2- (0751d) wetland and adjacent wetlands : The developer shall provide evidence to the City and to the Department of Fish and Game that the project ' s runoff management system will deliver approximately the same amountz' of freshwater. urban runoff to these wetlands as under existing conditions, and in approximately the same seasonal pattern. This evidence shall include (a) a hydrological analysis comparing the existing and post-project water supply, and (b) drawing s and a description of the runoff conveyance system in sufficient detail for a qualified engineer to judge its adequacy. The State Department of Fish and Game shall be consulted regarding alteration of the drainage pattern of the site which may affect the above-mentioned wetlands . The developer shall provide the Community Development Department with a written report subs- tantiating compliance with this mitigation measure prior to submittal of grading plans or permit issuance for each phase. 13 . If the developer proposes to increase or decrease the water supply to the wetlands east of Beach Boulevard, or to change the seasonal pattern, the developer shall provide, in addition to the evidence required in mitigation measure #12, a biolo- gical analysis demonstrating that there would be no significant adverse impacts on the wetlands or associated wildlife. Land Use 14 . The developer shall enhance the property fronting Pacific Coast Highway and Beach Boulevard with a graduated/meandering landscaped setback of not less than 25 feet for residential and 50 feet for commercial, from curbline, along the distance of the entire frontage. Such enhancements shall be depicted in the approved site plan for each commercial phase. The intent of this landscaped setback is to provide a visual and aesthetic buffer for the property to the east . Appropriate landscaping amenities shall be included, to the approval of the Planning Director. 15 . Prior to the issuance of building permits for Phase I, the developer shall screen the mobile homes at Pacific Mobilehome Park (at the western portion of the project site) by means of a six foot high block wall (the length of which to be determined by further acoustical study) on top of a one and one-half foot high berm. Substantial mature landscaping shall also be provided to the approval of the Planning Director . The purpose of this wall is for aesthetic screening and noise attenuation. 16 . The developer shall complete the site plan review process established within the Conditional Use Permit regulations to ensure compatibility with all elements of the City' s General Plan and the Local Coastal Program established by the Coastal Commission. Exhibit A -3- (0751d) 5913 Circulation Prior to the issuance of a Certificate of Occupancy for each phase of the commercial portion of the project, the developer shall provide a Transportation Systems Management Plan to the Community Development Director. At minimum, the plan shall include the following: (see items 17-23) 17 . The provision of bus or shuttle services to regional activity centers within the County shall be provided to hotel visitors . - 18 . The provision of shuttle services to local activity centers, including Main Street and the City and State beaches, shall be provided to hotel visitors . 19 . The provision of at-grade and elevated crosswalks to facilitate pedestrian access to beach amenities . 20 . Employee use of public transportation shall be promoted by selling bus passes,.on-site. -�21. The provision of bus shelters, benches and bus pockets near the proposed project, subject to review by the Orange County Transportation District . . 22 . The provision of -monitored or gated security facilities at all project parking facilities . to control use. 23 . The provision of a southbound left turn lane at the l intersection of Huntington Street/PCH to improve the flow of left turning traffic. e. . Traffic/Circulation: 24 . Prior to approval of each subsequent phase beginning with phase 3 of the project, the Planning Commission shall determine the need to conduct a traffic study. . . This determination will be made in consideration of original technical assumptions and changed traffic or land use conditions . If an additional study is required, the study. shall include summer and non-summer peak hour conditions . The study shall be based on local conditions utilizing local statistics. and .recent traffic counts . The traffic analysis shall be used to determine if additional significant impacts exist which were not addressed in final SEIR 82-2 . Parking: 25. Prior to approval of each phase of the project, the Planning Commission shall determine the need to conduct a parking study. This determination will be made in consideration of the parking ratios applied to previous phases -and''performance therof . Exhibit A -4- (0751d) Air Ouality 26 . Dust suppression measures, such as regular watering and early paving of the road shall be implemented by the project proponent at each phase to reduce emissions during construction and grading. 27 . All parking structures shall be ventilated, in conformance with the Uniform Building Code standards, to reduce vehicle emission levels within the facility. The ventilation plans shall be approved prior to issuance of building permits for each parking structure. 28. Prior to the issuance of Certificate' s of Occupancy for each commercial development phase, a Transportation System Management (TSM) plan, as approved by the Planning Director, shall be implemented and shall include the following components : a. The provision of bus or shuttle services to regional activity centers within the County for hotel visitors . b. The provision of shuttle services to local activity centers including Main Street and the City and State beaches during the summer peak periods. c. The provision of at-grade crosswalks and elevated crossings to facilitate pedestrian access to beach- amenities . d. A program to promote employee use of public transportation, including the sale of bus passes on-site. e. The provision of bus shelters, benches and bus pockets near the proposed project . Archaeology 29 . For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall attend the pre-grade meeting with the contractor, developer and City representative to ensure cooperation for the paleontological monitoring. 30 . For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall be retained to monitor grading to salvage any fossils exposed by construction activity. 31 . For each development phase of the project, if any archaeological or historical materials are found during grading or construction, all work shall cease immediately and a qualified archaeologist shall be contacted in order that the appropriate mitigation measures can betaken i Exhibit A -5- (0751d) 5913 32 . . For each development phase of the project, any fossils collected during grading of the Project shall be curated with an appropriate -museum facility. Flood 33 . All phases of the project shall conform to mitigation measures specified in EIR 82-2 .. 34 . The Federal Emergency Management Agency (FEMA) requires that developments within the Special Flood Hazard Zone elevate any habitable areas of a dwelling unit to or above the expected level of flooding for a 100-year event. Non-residential .-habitable structures must be elevated or flood proofed to FEMA standards . The project shall comply with all mandated FEMA standards . Compliance shall be verified prior to the issuance . ., of building permits for any phase of the project . 35 . For each phase, positive surface gradients shall be provided adjacent to all structures so as to direct surface water run-off and roof drainage away from foundations and slabs, . toward suitable discharge facilities . Ponding of surface water ::shall not be allowed. on pavements or adjacent to buildings . 36 . Prior to the issuance of a grading permit for any phase, a grading plan shall. be. submitted to and approved by the Departments of Community Development and Public Works . Noise The following measures shall be implemented unless noise analyses, performed by a registered acoustical engineer and approved by the Director of Community Development, determine that the construction of all or some of the following measures is not warranted. 37 . Prior to the issuance of Certificate of Occupancy for each commercial phase, and subject to approval of the Planning Director, a six foot masonry wall. shall be constructed adjacent to existing and proposed residential properties along Walnut Avenue. Other sound attenuating design features subject to the approval of the Planning Director .may be implemented in addition to the masonry wall . 38 . Prior to the issuance of building permits for any residential phase, an acoustical assessment shall be conducted documenting that the proposed six foot sound walls are adequate to reduce noise levels to 65dBA or less in private outdoor living areas (i .e. patio areas) of residence only. Additionally, the assessment shall identify the measures necessary to insure that indoor noise levels will be 450BA or less, as required by the California Noise Insulation Standards . Exhibit A -6- (0751d) 39 . Prior to the issuance of Certificate of Occupancy for each residential phase, and subject to the approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to proposed residential properties along Beach Boulevard. Other sound attenuating design features may be constructed subject to the approval of the Planning Director. 40 . Prior to the issuance of -building permits for any commercial phase, an acoustical study shall be prepared addressing the guest rooms in the hotel . The study shall identify all measures necessary to reduce noise levels in guest rooms to 45dBA or less per the California Noise Insulation Standards . Subject to the approval of the Planning Director, the recommended mitigation measures shall be incorporated into the project. 41 . Prior to issuance of Certificate of Occupancy for each phase, a landscaped berm shall be constructed between the masonry wall and the curb edge for noise attenuation. 42 . Sweeping operations within all of the parking structures shall be restricted to daytime hours, between 7 : 00 a .m. and 8 : 00 p.m. , Monday through Saturday and 10 : 00 a.m. and 6 : 00 p.m. on Sundays . 43 . A textured parking surface, such as asphalt or textured: concrete, shall be used in all of the parking structure . to reduce tire squeal . Compliance with this condition shall be verified prior to the issuance of the Certificate of Occupancy for each parking structure. 44 . Design of the parking structure shall incorporate one of the following noise attenuation options : a. Enclose the parking structure' s sidewall parallel to the residential area. b. Allow openings in the structure' s sidewalls and place a masonry wall on the top level of the structure parallel to the residential areas . C. Incorporate other sound attenuating design features to the approval of the Planning Director . 45 . For each development phase that includes a parking structure, a minimum 130 foot separation between the residential and parking structure uses shall be maintained, or other sound attenuating design features may be incorporated to the approval of the Planning Director . All approved building plans shall reflect the 130 foot separation. Exhibit A -7- (0751d) 5913 Light and Glare 46 . All lighting fixtures. in the commercial portion of the project shall be directed so as to prevent "spillage" onto adjacent .residential uses . t 47 . The residential site plan shall be modified to 'move or reorient the six ± units noted on pages 96 and 97 in the DSEIR as being :.affected by shadows for periods of more than four hours . Public Services and Utilities (A. Water) 48 . The project shall conform to the City of Huntington Beach Water System - Design Criteria . In addition, separate water lines shall be installed for each phase providing a domestic/potable water supply system and. a landscape watering supply system. Compliance with this requirement shall be verified prior to the issuance of building permits for each phase. 49 . -The following water conservation measures for the internal use -of water shall be- included in the project : low flow shower heads and faucets; low flush toilets; insulation of hot water lines in water recirculating systems; compliance with water conservation provisions of- the appropriate plumbing code; reduced water pressure.' , 50 . ;. ,The following water conservation measures for the external use of water shall be included in the project: conservation ` N designs utilizing low water demand landscaping (Xeriscape) ; berming to retain runoff for irrigation; utilization of drip ` -irrigation where feasible; and irrigating only during off peak hours (late evening) . Additionally, any water oriented amenity `within the project shall- be so designed as to be a self- . contained natural or artificially .filtered system which reuses water internal to the system. 51. • Adequate water supply shall be provided to the site consistent with alternatives described in a letter dated October 20, 1987, City of Huntington Beach (Appendix F) , pursuant to the DDA. (B. Gas and Electrical Utilities) 52 . Building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Adminis- trative Code. 53 . The developer shall consult with the Southern California Gas Company during the design phase to ensure efficient development and installation of natural gas facilities . Methods of energy conservation techniques that shall be considered include: Exhibit A -8- (0751d) t L F a. Energy efficient concepts in building layout, design and orientation, such as the use of solar water and space heating technologies . b. Comprehensive planning for landscaping to complement new structures and parking lots, thereby minimizing heating and cooling energy use. C. Walls, ceiling, floors, windows and hot water lines should be insulated to prevent heat loss or gain per Title 24 regulations . (C. Fire) 54 . The project developer shall work closely with the City of Huntington Beach Fire Department to ensure that adequate fire safety precautions are implemented in the project . All site plans, floor plans and elevations for each phase are subject to the review of the Fire Department . 55 . The project developer shall provide the full range of fire and life safety systems in all buildings as recommended by the City of Huntington Beach Fire Department . This provision will aid in reducing the potential manpower required in a major .- emergency. (D. Police) 56 . The developer shall work closely with the police department to ensure that adequate security precautions are implemented in the project . The provision of adequate security precautions shall include construction phases of the project . Such security shall include construction fences and private security patrol . Police services to the development shall be enhanced through the provision of adequate street lighting, clearly marked street names and building numbers and security hardware. (E. Transit) 57 . Site plans of the proposed project shall be forwarded to the OCTD as they become available for each phase. The plans will be reviewed in terms of their conformance to the OCTD Design Guidelines for Bus Facilities . 58 . In order to ensure accessibility and available transit service for employees and patrons of this development, the following transit amenities shall be incorporated in this project as "project betterments" and shall be the responsibility of the developer . These measures will also provide incentives for bus ridership and lessen impacts on air quality. Implementation of these measures shall be verified prior to the issuance of Certificate of Occupancy for each phase. Exhibit A -9 (0751d) 5913 :.a . The existing bus stops shall be preserved or upgraded, and bus turnouts provided, if determined by the City Traffic Engineer and OCTD to be necessary based on traffic volumes, speeds and roadway cross sections . : b.. Paved, handicapped accessible passenger waiting areas, including a bus shelter, shall be provided at each stop. c. If deemed necessary by the City Traffic Engineer and OCTD, the area adjacent to the turnouts must be able to accom- modate a passenger waiting area complete with a bus shelter and bench. _d. A paved, lighted and handicapped accessible pedestrian accessway must be provided between each stop and the project buildings . (F. :.Oil Wells and Oil Product Pipeline) 59 . The project proponent shall comply with the most current -California State Division of Oil and Gas standards and requirements for the re abandonment of the seven on-site wells . 60 . If any abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial cementing operation may be required. If such damage occurs, the DOG' s district office shall be consulted. 61. Efforts shall be made. to avoid building over any abandoned well. If. construction over an abandoned well is unavoidable, a DOG approved gas venting system shall be placed over the well . The- site plan and/or venting system shall be reviewed by the City' s Fire Department., 62 . If after consulting with the owner of the underground gas/oil dine located on-site, it has been determined that a conflict between the project and the underground pipeline facility exists, the subject pipeline (Exhibit E, Addendum to Final SEIR 82-2) shall be relocated under the Pacific Coast Highway/Beach Boulevard right-of-way area, or under the public parking lot -area along the west side of Beach Boulevard, or under the open space area in front of the proposed Waterfront project, whichever is most feasible. Socio-Economic Effects 63 . A minimum of six months prior to the date that a specific phase of the park will be closed, all affected tenants shall receive a written notice advising them of the definite date of closure. If relocation assistance per the approved Relocation Assistance Plan has not been previously arranged with the affected tenants, the program shall be put into effect during this six month period. Exhibit A -10-, (0751d) 64 . Consistent with program 8 . 5 .2 . 5 of the City' s Housing Element of the .General Plan, the applicant an/or City staff shall meet with the mobile home park tenants and coach owners to explain conversion process and relocation assistance. 65 . Consistent with program 8 . 5 .2 . 6 of the Housing Element, the City or Redevelopment Agency shall assist in relocation of persons affected by this redevelopment project. j 66 . The developer shall comply with all aspects of Article 927 of the Municipal Code, including an approved Relocation Assistance Plan which shall include a Mobilehome Acquisition and Relocation Benefits Agreement executed by the Redevelopment Agency , RLM Properties, Ltd. , and the Driftwood Beach Club Mobile Homeowners Association, Inc. - the Mobile Home Overlay Zone, an ordinance enacted to require rezoning on change of use of a mobile home park to comply with certain requirements/standards prior to initiating such a change in use (see Appendix for a provisions of Article 927) . 67 . Prior to closing any portion of the mobilehome park, the developer shall provide a relocation coordinator who will provide general relocation assistance to all tenants with special emphasis on assisting special needs groups identified in the SEIR. Availability of such a relocation assistance plan shall be to the approval of the City Council and shall ,be incorporated into the Relocation Assistance Program required by i Article 927 of the Municipal Code. i 68 . Per the provisions stipulated in the approved Relocation i Assistance Plan, the developer shall pay the cost of relocating a mobile home coach, when the age and condition of the coach allows feasible relocation. i MITIGATION MEASURES ADOPTED IN ENVIRONMENTAL IMPACT REPORT NO. 82-2 (APPROVED BY RESOLUTION NO. 5294 ON JULY 18 , 1983) Geoloqv, Soils and Seismicity 1 . State law requiires soil studies be prepared prior to any construction in the Alquist Priolo Special Study Zone (see Figure 4a) . While the Specific Plan area is not included in i this zone, geologic and soils studies shall be required at the Director ' s discretion on a project by project basis . This will assure that new development be conditioned to mitigate for circumstances which actually exist at the proposed location. Depending on the results of these studies mitigating measures will be required, including but not limited to: buffers, special grading, special foundations, subdrains, drainage swales, dewatering devices, retaining walls, and landscaping of manufactured slopes . „t Exhibit A -11- (0751d) 5913 Biotic Resources 2. ,,The Special Plan contains landscape and open space requirements for new development which will ensure that in most cases, development will provide more vegetation than exists at present . The Coastal Element contains a policy which requires the preservation of existing mature trees to the maximum extent feasible. This policy will be endor,ced within the Specific .Plan area and will result in healthy mature trees being incorporated into the design of projects . The potential wetland along Beach Boulevard is protected by provisions in the Specific Plan which require conservation _.;:easements to be placed on wetland areas . In the event that the wetland is found by the California Department of Fish and Game to be severely degraded pursuant to Sections 30233 and 30411 of the Coastal Act, other restoration options may be implemented in conformance with the Coastal Commission' s "Statewide Interpretive Guidelines for Wetlands and Other Wet Environmentally Sensitive Habitat Areas . " Circulation 3 . Within the scope of the Specific Plan some mitigation measures a•re possible. . Many of .these measures have already been- incorporated into the Plan. They consist of the proposed cul-de-sacs, the Atlanta-Orange- arterial, the Walnut Avenue extension and the PCH re-striping project. An additional alternative is the possibility of creating a one-way street system along Walnut and Olive Avenues . These streets could -possibly be connected by a "couplet" into the Walnut Avenue extension. Such a system would probably not be needed until significant development occurs in the Plan area . While this option would reduce the congestion moving parallel to PCH, it would not relieve the traffic problems of Beach Boulevard, • Goldenwest and other north-south carriers, and would require careful study to provide adequate mitigations for surrounding residential neighborhoods . Climate and Air Quality 4 . Because the major source of air pollution in this project is the automobile, mitigation measures need to focus on reducing vehicular traffic. The Specific Plan covers an area that is currently zoned in traditional commercial and residential designations . The new zoning provides for mixed use districts which allow combinations of residential, commercial and office uses in the same area. This is hoped to reduce out-of-project travel, as shopping, work and entertainment are provided within a convenient distance. The reduction of automobile trips will also reduce related emissions . ' Exhibit A -12- .(0751d) I 5 . Other mitigation measures include encouraging the use of public transportation, bicycles and walking . The Specific Plan outlines complete bicycle and pedestrian systems as well as recommending bus shelters and a transit layover area along PCH. i Archaeology 6 . Prior to construction on or - near the midden site (ORA 1.49 as identified in 1973 archaeological survey) , an archaeological survey (record search) should be conducted by a professional archaeologist to assess the significance of the site with recommendations on how to protect any valuable resources. If deemed necessary by the archaeologist, a trained observer may be required to be present during grading to ensure any significant resources are protected. Public Health and Safety A. Flooding : 7 . The present drainage system and its planned improvements should be sufficient to accommodate run-off due to new development . As projects are built, the drainage fees assessed for the development will be used to implement the master planned drainage improvements . If additional facilities are needed for a specific project, they would be required as a condition of project approval . 8 . The Federal Emergency Management Agency has required the City to adopt Flood Plain Development Regulations. These regulations require that developments within the Special Flood Hazard Zone elevate any habitable areas of dwelling units one foot above the expected level of flooding which could occur in a 100 Year storm. Commercial buildings need not be elevated but can instead be flood-proofed. The flooding levels are depicted on the Flood Insurance Rate Map. B. Noise: i 9 . Development within noise impacted corridors can be shielded by sound barrier walls and berms, by special construction materials and techniques, and by eliminating building openings on the sides which face toward the noise source. I. Noise impacts from pumping units can be mitigated by replacing ball and plunger pumps with a less noisy type, or by constructing sound barrier either around the wells, or around the development . These mitigation measures can be applied to each development as it is approved, so that specific localized problems can be met without imposing overly restrictive conditions on all development within the Specific Plan i i I JExhibit A -13-"' " (0751d) I 5913 Energy Use, Conservation and Production 10 . The plan is designed to promote more efficient use of energy. Many of the impacts of the Plan in terms of efficient energy usage are decidedly positive. Nevertheless, new development will consume additional energy. Specific energy-conserving measures can be required at the time of development approval . -: The following measures could reduce energy consumption: a) Provisions for alternate forms of energy such as solar could be incorporated into projects . ,.b) Passive solar energy measures could be incoporated into project design and siting. c) Reduced intensitive of residential and commercial development could also result in energy savings . 1L Aesthetics 11. ;:Most of the aesthetic impacts of the Plan are positive. Potential impact related to loss of views along the bluffs or to the siting or design of new buildings are addressed in the r. Plan, including : development standards that require wide, landscaped setbacks and graduated height limits; the creation and preservation of view corridors through staggered building envelopes and breezeway requirements; development of a landscaped blufftop; the restoration and protection of the municipal pier; and the creation of parkways and landscaped ` medians . 12 . At the Director ' s direction, shadow studies will be required for buildings taller than six stories . Fire 13 . Depending on the nature of future development, additional fire equipment and personnel should be added. Public safety and fire protection considerations are reviewed before issuing permits for new higher density residential or office/commercial projects ., Police" 14 . Depending on the amount and nature of future development, additional police personnel and equipment to serve the Specific Plan area may be needed. . l Exhibit A -14- (0751d) SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO, 82-2 STATEMENT OF OVERRIDING CONSIDERATIONS The final Supplemental Environmental Impact Report 82-2 for the Waterfront Development Project identifies certain unavoidable adverse significant environmental effects . CEQA Guidelines Section 15093 requires the decision-maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether the project should be approved. If the decision-maker concludes that the benefits of the project outweigh the unavoidable adverse environmental effects, the effects may be considered acceptable. Here, the City of Huntington Beach does find that the benefits flowing to the City and its residents from the project outweigh the significant adverse environmental effects which remain after the project ' s mitigation measures are implemented. Primary among such considerations are the elimination of blighted conditions existing in the Main-Pier Redevelopment Project Area, development of first-class : i tourist/commercial and recreational facilities of benefit to the City and persons throughout the region, and .the project ' s furtherance of the Downtown Specific Plan and Local Coastal Plan' s objectives for increasing access to coastal and. ocean amenities . Another important consideration is the significant amount of revenue which. will result to the City and the Redevelopment Agency from the project, which revenues i can be used to improve service levels, construct capital facilities, provide additional affordable housing, and for other important public purposes . The final EIR identifies four separate unavoidable adverse environmental impacts . (See Section 5 . 0, Exhibit "K" to Addendum for Final Supplemental Impact Report 82-2, dated May 12, 1988 . ) These are: 1. Exposure of additional people and structures to potential geologic hazards, including grounshaking, j liquefaction, and soil settlement . I 2 . Increased energy consumption as a result of higher intensity development . 3 . Aesthetic and view impacts, particularly from the public beach to the south of the project site, and along Pacific Coast Highway. 4 . Regional cumulative air� g quality .= impacts i as a result of the additional daily trips generated by project operation. i City Council Resolution No. Exhibit B 5913 Each of these effects is lessened by the mitigation measures suggested in the Supplemental EIR, which measures will be required and incorporated into they project. The -reasons the City has determined that the remaining effects of each such impact is "acceptable" given offsetting project \ benefits is discussed below. 1. Additional Exposure to Geologic Hazards . The geologic study conducted by Irvine Soils Engineering, Inc. concludes that the site is suitable for the proposed development, provided that the conclusions and recommendations included therein are implemented into . ...,project-designing construction. (See Appendix "B" , Page 10 . ) Such inclusion is a specific condition of approval of the project and the EIR. Thus, although the City does recognize that the site bears some above-average seismic and soils `-risk, such risks will be, minimized by extra care in design and construction techniques . Of course, the entire City is located within the Newport-Inglewood Fault Zone, and to an extent all City residents are subject to seismic risks in locating themselves near the City' s ocean . amenities . Any development approved within the City therefore creates some degree of this type of environmental effect . In the General Plan, Downtown Specific t: Plan, and Local Coastal Plan, the City and Coastal Commission have opted for a program designed to enhance and encourage use and enjoyment of the beach. Any project allowing more people to choose such- enjoyment of necessity allows more people to take the risks which are unfortunately inherent in -the -geologic makeup of the City' s location. Further, the dangers posed by such geologic hazards will be mitigated to a large extent by features incorporated into the project . For example, architectural design calls for construction of all major structures upon pilings, which will be grounded in denser sand layers . . Further, design will call for dewatering measures, such as basements and other structural modifications, to offset most dangers posed by the relatively high groundwater table in the area. All structures must conform to seismic safety requirements in the Uniform Building Code. Most important, the ` EIR calls for supplemental investigations for liquification, groundwater, and other specific hazards prior to final design for any specific phase of the project . . Such investigations require the indentification of hazards zones . Once identified, building on any such zones should be avoided, or if necessary, required to include the mitigating construction techniques detailed above. Exhibit B -2- (0715) t - Countervailin i g what geological risks remain after mitigation are the benefits of eliminating the existing conditions of blight on the project site and replacing the aged, deteriorating, and substandard structures with new first-class commercial, recreational, and residential facilities. I Related to the foregoing considerations is the fact that the project will greatly enhance the public ' s opportunities for access to and recreational opportunities in connection with the City' s prime ocean frontage. Without question, this ocean locality is one of the premier benefits the City has to offer . The climate, wide sandy beach, water temperature, and waves characteristic of Huntington Beach have become a focal point not :only for City activity, but much of its cultural identity. In following the enhancement programs outlined in the . General Plan, Downtown Specific Plan, and Local Coastal Plan, i the City has determined that the unmitigated risk of incidence of seismic or geologic disturbances is outweighed by the daily enjoyment of the coast by a broader portion of the population. j 2 . Increased Energy Consumption. I The project results in higher density use on the site than that which currently exists . As a result, energy use undoubtedly will increase. This incremental increase of energy use is not expected to cause any serious impact . Local utilities have indicated that the capacity does exist to serve the project . Utility providers are currently aware of City growth anticipations, and are planning for it . No existing utility provider ' s service capacities will be exceeded by the incremental i increase caused by the project . Nevertheless, higher density will lead to more regional energy consumption, and increased levels of local services demand. Offsetting this will be the public benefits of the project referenced in paragraph 1 above. In addition, the project will provide an influx of new residents, visitors, and businesses which will provide a- broader customer base for utility providers . As to other City services, the EIR does not identify any need for additional fire staff or equipment, and the EIR identifies a need of only 1. 5 additional police .services personnel . These impacts are offset by the significant amount of revenues which will flow to the City and the Redevelopment Agency from the project . According to a- study done by Laventhol & Horwath, Certified Public Accountants, dated Exhibit B -3- (0715) 5913 :;November 11, 1987, summarized in Section 4 . 10 and included in Exhibit L of the SEIR, the operation of the proposed development for the first 25 years of the Waterfront project will generate an estimated net revenue of One Hundred Twenty- one Million Eight Hundred Twenty Three Thousand Dollars ($121, 823, 000 . 00) in ongoing taxes and fees, after payment of all ongoing general fund expenditures for added police, fire, public works and administrative expenses generated by the _.project . Included in these sums is some $10, 000, 000 .00 of affordable . housing funds from the 20% set aside on tax increment revenues, which can and must be utilized to increase the community' s -supply of decent and affordable housing. The City has determined that the public benefits referenced in Paragraph 1 above, the availability of utility services, and the opportunity for an increased customer base, :,combined with the significant revenues which flow to the City and the Redevelopment Agency from the project, adequately .: offset any incremental increase in energy usage. 3 . View Impacts . Because of the intensity and building height-- of the structures contemplated as part of the project, there will be some impairment of certain views, along with increased _ density. Such impairment will be limited to certain inland viewpoints; none of the project is to be located on the coastal side of Pacific Coast Highway, and ocean views from C , this major thoroughfare will be unaffected. Project design Y ..will still afford various inland .view opportunities, and will maintain ocean visibility from much of the area surrounding - the project site, including Pacific Coast Highway. In addition, erection of the hotel structures and portions of - the residences will actually create new views and - enhance the ......opportunities for -enjoyment of views from those sites . The City has determined that elimination of current blighted structures, and the fiscal effects of the project, including an anticipated rejuvenating effect on the downtown area, will outweigh any unmitigated impairment of views . Moreover, the opportunity for greater numbers of visitors to come to the ocean area will in some respects enhance overall ocean view enjoyment, which countervails the limited view impairment of certain. segments, from certain vantage points, surrounding the project site. The lower density alternative in the EIR (see Final EIR, pa. 132-33) would have some limited view-preserving effects, but would not achieve the visitor-serving objectives of the Downtown Specific Pan -or Local Coastal Plan to the same extent . Moreover, such lower-scale development would not produce the same level of public revenues achieved by the Exhibit B -4- (0715) project as proposed, and would entail many of the same environmental effects . On balance, the City has determined that such a reduced scale development would not provide the overall benefits of the proposed project. 4 . Air Ouality. The project will result in regional air quality impacts . Impacts from construction are largely mitigated to a level of nonsignificance. The regional impact comes instead from daily trip generation from operation of the project . To the extent that regional air quality impacts are the result of auto or other vehicle emissions, mitigation measures for controlling such emissions are not within the jurisdiction of the City. Any measures in this regard would have to come from the California Air Resources Board or South Coast Air Quality Management District . To an extent, however, the City does have jurisdiction over controlling the intensity of land uses, from which daily trips are generated. In this area of its jurisdiction, the City finds that the regional incremental air quality impacts of the project are outweighed by the elimination of blight, by the replacement of aged, deteriorating, and substandard structures with new first-class commercial, recreational, and residential facilities, by enhancement of access to coastal - resources, and by increased City and Redevelopment Agency revenues from the project . This finding is made with recognition that mitigation measures have been required for the project to ease air quality impacts, including ventilation on stationary emission ' sources and a transportation. Moreover, the commercial portion of the planned project is a destination-oriented complex, which should minimize the need for visitor trips once visitors are at the center . Further, locating residential uses close to j surrounding employment centers can help to ameliorate the existing housing-jobs imbalance in Orange County and minimize the number of miles workers commute to places of employment, thereby offsetting to some extent traffic and regional air quality concerns . Additional design features to enhance pedestrian accessibility, and the proximity of commercial facilities to the hotel and residential uses, will also serve to decrease the number of trips generated. Given the many public benefits from the project referenced above, the City has determined that the adverse regional air quality impacts are acceptable. 8,11591015580-00011005 1� Exhibit B -5- (0715) I 5913 Res, No, 5913 STATE OF CALIFORNIA ' . ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members .of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of August 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio Merk of the City Council of the City of Huntington Beach, California i f 5913