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HomeMy WebLinkAboutArnel Retail Group - 2000-08-07LJO CITY OF HUNTINGTON BEACH V192000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPIZENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: August 16, 2000 TO: Arnel Retail Group Name 949 South Coast Drive, Suite 600 Street Costa Mesa, CA 92626 City, state, Zip ATTENTION: Tom Love DEPARTII'IENT: REGARDING: Professional Noise Consultant Services See Attached Action Agenda Item E-16 Date of Approval 8 - 7 - 0 0 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance RCA Deed Other CC: H. Zelefsky Planning x x Name Department RCA Agreement Insurance Other J. James Planning x x Name Department RCA Agreement Insurance Other Name RCA Agreement Insurance Other Department Name RCA Agreement Insurance Other Department Insurance Risk Management Dept. t. (Telephone: 714-536-5227 ) et4. - 3MV, f,�Nli),� Council/Agency Meeting Held: Deferred/Continued to: A ro ed ElC nditional y roved ElDenie W- i y C 's Signature Council Meeting Date: August 7, 2000 Department ID Number: PLOO-45 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION'' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY, Director of Plannin / SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT WITH ARNEL RETAIL GROUP FOR PROFESSIONAL PLANNING SERVICES TO PREPARE A NOISE EVALUATION OF THE WAL-MART SITE Statement of Issue, Funding Source, Recommended Action, Alternative Actiontsl, Analysis, Environmental Status. Attachment(s) 11 Statement of Issue: Transmitted for City Council's consideration is a Reimbursement Agreement between the City and Arnel Retail Group. The Reimbursement Agreement will help defray the costs of professional planning services associated with preparation of a Noise Evaluation for Wal-Mart's operations at the former Crest View School site. The site is located on the south side of Talbert Avenue and approximately 300 feet east of Beach Boulevard. Funding Source: The proposed Reimbursement Agreement between the City and Arnel Retail Group allows the developer to help defray the costs of professional planning services associated with the preparation of a Wal-Mart Noise Evaluation. Arnel has agreed to make an initial deposit, within ten (10) days following adoption of this agreement by the City Council, of funds in the amount Nine Thousand Nine Hundred Ninety and 00/100 Dollars ($9,990.00). Recommended Action: Motion to: "Approve the Reimbursement Agreement with Arnel Retail Group, as prepared by the City Attorney subject to mutual agreement by the City and Arnel Retail Group, and authorize the Mayor and City Clerk to sign (Attachment No. 1)." 2. "Appropriate funds in the amount of Nine Thousand Nine Hundred Ninety and 00/100 Dollars ($9,990.00) in connection with the Reimbursement Agreement between the City and Arnel Retail Group." *REQUEST FOR ACTION 0 MEETING DATE: August 7, 2000 DEPARTMENT ID NUMBER: PLOO45 Alternative Action(s): The City Council may make the following alternative motions: 1. "Deny the Reimbursement Agreement between the City and Arnel Retail Group." 2. "Continue the item and direct staff accordingly." Analysis: A. BACKGROUND Conditional Use Permit No. 97-70 for the development of a 130,342 square foot Wal-Mart with an 8,138 square foot garden center along with three other retaillrestaurant pads was approved by the City Council on April 5, 1999. The citizens of Huntington Beach gathered signatures for an initiative which asked registered voters if the former school site should be redesignated as Low Density Residential. On March 7, 2000, the residents of Huntington Beach defeated Measure I and the General Plan and Zoning designations remained General Commercial. Wal-Mart and Arnel Retail Group are now proceeding with obtaining building permits and compliance with all conditions of approval. A noise study, completed as part of Environmental Impact Report No. 97-1, analyzed Wal-Mart's original site plan, which depicted two loading bays and one at -grade loading dock on the east side of the building. As recommended by staff, the applicant later revised the plans and relocated the loading activities to the north side of the building facing Talbert Avenue. As part of the City Council's approval of the development, the project was required to fully enclose the loading docks and provide a roll -up door to contain all loading activities, except deliveries to the garden center. Due to concerns with the aesthetics and potential shading impacts of a very high wall on the south and east property lines, the City Council also dictated that the maximum height of the perimeter wall shall be eight feet. A second noise evaluation is therefore required to ensure that the revised site design of the enclosed delivery bays and the eight foot high perimeter wall maintains compliance with the City's Noise Code. Condition of Approval No. 1.e. states: "The revised site plan dated October 22, 1998 will also require submittal and approval of a noise study prior to issuance of a building permit to verify that external noise levels as required by Chapter 8.40 of the Huntington Beach Ordinance Code will be met. An independent noise study shall be conducted at the direction of the City, but at the expense of the applicant and shall be subject to approval by the Planning Director. Deliveries shall be permitted only between the hours of 7:00 AM to 10:00 PM unless the noise study verifies the project's ability to comply with the noise code and does not rely on unusual delivery methods or monitoring by staff. PL00-45 -2- 7127100 11:43 AM *REQUEST FOR ACTION 0 MEETING DATE: August 7, 2000 DEPARTMENT ID NUMBER: PLOO-45 Because the truck loading docks shall be fully enclosed, a maximum eight (8) foot high wall shall be designed along the sough and east property lines without reliance on delivery methods that require unusual monitoring by City staff. The eight foot high wall shall be of high quality design and decorative materials to match the building. For example, a smooth stucco wall with trim cap or similar approved wall shall be provided." Other conditions of approval of the project also detail the applicant's obligations regarding review and approval of a noise evaluation (Attachment No. 2). B. STAFF ANALYSIS AND RECOMMENDATION: As indicated in the condition of approval cited above, an independent noise study shall be conducted at the City's direction but at no cost to the City. The City and Arnel Retail Group recognize the time and costs associated with professional planning services to prepare a Noise Evaluation Project. In order to ensure the project's compliance with the Noise Code, it is necessary for the City to retain the services of a Consultant to prepare a Noise Evaluation Project. The City and Arnel Retail Group have agreed to enter into a Reimbursement Agreement to help defray these costs. Staff recommends the City Council approve the Reimbursement Agreement between the City and Arnel Retail Group, approve the appropriation of funds in the amount of Nine Thousand Nine Hundred Ninety Dollars ($9,990.00), and authorize the Mayor and the City Clerk to sign. C. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS: As adopted by the City Council in March 1998, all requests for appropriation of funds must meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) The request is required to implement labor negotiations, or 3) The request will be offset by related new revenues. The new appropriations being requested will be offset by related new revenues from the Reimbursement Agreement between the City and Arnel Retail Group, the project proponent. Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for the preparation of a Noise Evaluation Report, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. PL00-45 -3- 712710011:43 AM 40REQUEST FOR ACTION 0 MEETING DATE: August 7, 2000 DEPARTMENT ID NUMBER: PLOO-45 Attachment: RCA Author: Jane James PL00-45 7/27/00 11:43 AM 0 0, REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ARNEL-.. RETAIL GROUP FOR PROFESSIONAL NOISE CONSULTANT SERVICES th 4LUMUst THIS AGREEMENT is made and entered into on this ±5t day of , 2000 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ARNEL RETAIL GROUP, a California corporation company, hereinafter referred to as "DEVELOPER." and WHEREAS, DEVELOPER is developing an area within the City of Huntington Beach; DEVELOPER is required to submit to the CITY for various entitlements, zone changes, land use approvals and environmental assessments; and DEVELOPER desires that all entitlements, zone changes, land use approvals and environmental assessments be process as soon as possible; DEVELOPER desires to have CITY commit sufficient resources to enable the expeditious process of applications and other necessary documentation; and Pursuant to California Government Code Section 87103.6, DEVELOPER is allowed to defray the costs of processing of applications and entitlements by reimbursing the CITY of such costs, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties agree as follows: PAYMENT DEVELOPER agrees to reimburse CITY for professional planning services in the estimated amount of Nine Thousand Nine Hundred Ninety Dollars ($9,990.00), which represents the estimated costs for professional planning services to prepare a Noise Impact Evaluation for the Wal-Mart Store, as follows: A. DEVELOPER shall deposit Nine Thousand Nine Hundred Ninety Dollars jmp.100agrce!amcV7'28'00 ($9,990.00) with the CITY within ten (10) days following adoption of this Agreement by the City Council. B. DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's .best estimate of the costs for professional planning services described herein, and that the actual cost of said services may be higher. In the event that actual cost of said services exceeds the estimated costs, DEVELOPER agrees to pay the actual cost within ten (10) days after receiving CITY's invoice for same. In the event that actual costs of the professional planning services described herein are less than the estimated costs, CITY will refund the difference between the actual and estimated costs. 2. STATEMENT OF WORK TO BE PERFORMED The amount reimbursed to the CITY pursuant to this Agreement will help defray the cost of professional planning serices required to prepare a Noise Impact Evaluation for the Wal-Mart store. 3. EXCLUSIVE CONTROL BY CITY CITY will maintain exclusive control over the work described herein. Nothing in this Agreement: A. Shall be deemed to require CITY to approve any plan, proposal, suggestion, application, or request submitted by DEVELOPER. B. Shall be deemed to limit, in any respect whatsoever, CITY's sole authority to direct and control the Planner assigned to DEVELOPER's various development projects. C. Small be deemed to impose any liability on the CITY different from any liability as may otherwise be established by law. 4. TIME IS OF THE ESSENCE CITY and DEVELOPER agree that time is of the essence for the professsional planning 2 jmp.'00agree.!arnel 7.128 00 services to be funded pursuant to this Agreement. 5. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (10) days prior written notice to the other party. DEVELOPER shall be responsible for all costs incurred prior to termination, -including any and all costs incurred after notice of termination has been given. 6. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to DEVELOPER's agent (as designated herein) or to CITY's Director of Planning as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 7. TERM TO CONSULTANT: Mr. Tom Love Arnel Retail Group 949 South Coast Drive, Suite 600 Costa Mesa, CA 92626 This Agreement shall be effective on the date of its adoption by the City Council of CITY. This Agreement shall expire when terminated as provided herein. 8. ATTORNEY'S FEES In the event suit is brought to enforce the terms and provisions of this Agreement, each party shall bear its own attorney's fees; the prevailing party shall not be entitled to recover its attorney's fees. 3 j mp100agrmlarneIR/2 8100 • • 9. ENTIRETY This document sets forth the entire Agreement between the parties concerning the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. - ARNEL RETAIL GROUP, INC. a California Corporation: B: Y print name G .� ITS: (circle one) ChairmanlPresiden ice President �1 Officer/Asst. Secretary — Treasurer REV I WED AND APPROVED: NCity Administ or CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California ATTEST: .- City Clerk $ APPROVED AS TO FORM: �� bl;064—City AtWrne D { INITIATED AND APPROVED:. irector of PlannMg j mpi00agrce/amel/7/28r00 4 STATE OF CAU F09-N t r�- ) ss. COLNTY OF On _ L� 51, -2COO before me, '-�1 Kra N t a Notary Public in and for said state, personally appeared UI�� 5, �9ry�Q 1 , personally known to me ( ) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/kw authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offic' se 1. ------------------------------- TAMI K. KENNEDY Notary Public in and fors id State Comm. # 1128601 NOTARY PUBLIC -CALIFORNIA V1 Orange County My Comm. Expires March 5, 2001 STATE OF C-AL� �` ) ss. COUNTY OF On JLLL\/ 31 , 2oa(-) , before me, Tj°l3l`'Li KeN N �% , a Notary Public in and for said state, personally appeared personally known to me (o ) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she -executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and facial seal. _ TAMI K. KENNEDY Notary Public in and for kid State Comm. ! 1128601 �g NOTARY PUBLIC- CALIFORNIA Ur orange County MY Comm. Expires March 5, 2001 T • C� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK C0 CItfYCLOCKWAY ERK April 22, 1999 APR 2 2 1999 i-1�E;v7 01tpL4Nt,1, 1C Mr. Thomas Love Arnel Retail Group 949 South Coast Drive, Suite 600 Costa Mesa, CA 92626 Dear Mr. Love: The City Council of the City of Huntington Beach at its regular meeting held Monday, April 5, 1999, approved Conditional Use Permit No. 97-70/Variance No. 98-18/Tentative parcel Map No. 97-161/Design Review board No. 97-8 with the attached Findings and Conditions of Approval. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from April 22,1999 to apply to the courts for judicial review. If you have any questions regarding this matter, please contact our office at 714/536-5227. SincereI , Y Connie Brockway, CMC City Clerk CB:cc Enclosure: Findings for Approval Government Code 1094.6 cc: Greg McCIelIand, Arnel Retail Group City Administrator City Attorney Howard Zelefsky, Planning Director Jane Madera, Associate Planner Scott Hess, Principle Planner David Biggs, Economic Development Director gJfb11owupk1c=rn190day1tr M {Telephone: 71453"2271 4 is § 1094.5 SPECIM, P Note 378 immil.-il for view trial tit- not it. 11rirxru.l s. t'it liforuin Piis•Itiplttyntrtit Ittx. .\1-1wnti- IW. tI!1711) 1_7 00.17lltir. rrltl. G7 V.A.31l 2D. Trial votirt'r judyuu•nt th•n�iiig aril tsf ninitdttre to compel dirrr•rnr tir ngriettltnra to met nxille )IN def-Imon rrviikow ps•tllinn. er's livense us rtirerafr p1hit in huxinexx ,tl pelt Control wax resumed unit viiiin re• ntnutled to trim miirt with dim't'66111x in reatnnd rite to rlirerhir fur purlim-e or rtawnxiticria.- the petwity - previously int. posed, where it was found dint some of tktai charges 119ain,it pctitionrr wern not Nnitported by evidence. Nvia=firld V. Director of Al;riculture (1072100 Cal. I'prr. 019, 21) C.A.3d 200. I'rocaadiug fair roview of dvninl by roitt- ntixsioner of mrporntions or permit to ,•Rungs votim: rights of xhnrnhulderx would he rvinnnited to ituperior court for detennlrsatloa whether thorn +vas atthxtan tiul evidence to support cisnrtitisiiotier'u fiudlops, wises court 'Improperly deter - RACEEDINGS Part 3 ruine4 rtugrt4--inner, hnd uu jurixdit•tinn 111111 did Ital dt•It-Miist' nu-rits. Wrateru Air I.lnrx lite. v. Faliieskl (19til) 13 Cnl.ltpir. 7i0, lilt C.A.0 3110. Iritot that letirr discharging scalar tyll• for s-h-rk in'offiris of rnurit� vlerk i+tuterl thlit xht+ wax Willy of uti.+eundurt in rc. nio+Iny;-puhlir. Craned+ from ilia files and naltihtring null xrermbig them on various dates,, wherenx iu hearing heforo county rivil i1orvive t-natmixxinn evidence whit In. traduced only as to wltnr took place on Oats Of thr shoes, did riot require rile din. i rier i:atsrt of nlsprol on ni•prnl frnnt judr. meat aw•nrilial; muitior• ryp6i Clark writ of mandate. after reversing tho J11ftment of the superior rnurr, to raninnrl rite nsattar to tltn ctnnutixxian for re-aitaideration, wh�rn there was a xinuhiriiy of facts sur. rutittulitig romsivitl of the dovilincnts an all of the dnlrx. Triter v._ los-t Angeleit Coun- ry Civfl Ni-rvfre Coministifou (1902) 238 I .2d 3. 10s C.h.2d 114. 1094.6. Judicial review; decisions of local ftgericics; petition; filing; time; record; decUlbn and Marty defined; or- dinance or resolution (a) Judicial review of any decision of a IocaI 3gency, other than school district, as the term local agency is definers In Section 54951 of the Government Code, or of ariy commission, board, officer or agent thk-reof, may be had pursuant to Section '1094 s of this code only If i. the petition for writ i of mandate pursuanCto such section is filed '+.,Ithin the time limits.speclfied in this section, (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provi- sion of any statute, charter, or rule, for the purpose$ of this section, the decisl,>- is final on the date it is made. If there is such provision (or reconsideration, the decision is final for the purposes of this sec- tion upon the expiration of the period during which such reconsidera- tion can be sought; provided, that if reconsideration is sought pursu- arit to.any such provision the decision Is final for the purposes of this section on the date that reconsideration Is rejected. (c) The complete. rivord or the pro+:e:edkngs shall Ix- preptlred by Isle Icx:.tl agellcy 01- -ils rnirlinisnion, Ward, n.ftiver, 61- agent which made the decision and shall be delivered to the'lx:tilioner within iv trays after he has filed a wvitten request therefor.' The Ideal agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall Include the tran- script of iht: proceedings, all pleadings, all notices and orders, any proposed decision by a Bearing- officer, the final decision, all admitted 074 ATTACHMENT NO. 1 CITY COUNCIL APRIL 5,1999 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERART NO.97-70/ VARIANCE NO.98-181 TENTATIVE PARCEL MAY NO.97-1611 DESIGN REVIEW BOARD NO.97-8 FINDINGS FOR APPROVAL - CO'NDITIONAL USE PERMIT NO.97-70: Conditional Use Permit No. 97-70 for the establishment, maintenance and operation of the 130, 342 square foot Wal-Mart with a 8,138 square foot garden center along with three other retail/restaurant pads ranging in size from 3,500 to 5,500 square feet 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 proposed project meets or exceeds all Zoning and Subdivision Ordinance standards with the exception of the variance for main drive aisle entry design. With the implementation of EIR No. 97-1 mitigation measures, standard City conditions of approval, and site design modifications and revised truck loading/unloading dock location, the potential adverse impacts of the project (other than those addressed in the Statement of Overriding Consideration) have been mitigated to a level of insignificance. Based on the strength of policies in the Economic Development Element of the General Plan and City Council Resolution No. 96-57, the economic benefits of the project outweigh the unavoidable adverse emdronmental impacts resulting from a loss of open space and the project exceeding local air quality impacts. The revised site layout has eliminated the unavoidable adverse aesthetic/visual impact of the perimeter noise wall. 2. The conditional use permit will be compatible with surrounding uses because with staffs recommended conditions of approval the commercial building and in particular, the loading/unloading and on -site truck circulation will be oriented in manner that is sensitive to surrounding uses. The project also is conditioned to provide a substantial landscape buffer adjacent to the residential uses and to provide a building of high quality architectural design. 3. The proposed 130,342 square foot Wal-Mart with a 8,138 square foot garden center along with three other retail/restaurant pads ranging in size from 3,500 to 5,500 square feet will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for the variance requesting deviation from design standards for the main driveway entrance. The recent relocation of the truck loading/unloading dock reduces the potential vehicular and circulation conflicts associated with the proposed request. {98SR5IM — a15/99 Attachrlept No. LI 4. The granting of the conditional use permit will not adversely affect the General Plan except in areas for which a Statement of Overriding Considerations has been adopted. The project is consistent with the Land Use Element designation of CG-F 1 (General Commercial «ith a floor area ratio of 0.35) on the subject property. In addition, it is consistent -vith the goals and policies of the General Plan described in Section 5.0 of the project Environmental Impact Report No. 97-1. FINDINGS FOR APPROVAL - VARIANCE NO.98-18: 1. The granting of Variance No. 98-18 to permit a drive aisle opening along the minimum 100 foot long main driveway entrance from Talbert Avenue where no driveway openings are permitted will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Deviations to the main driveway entrance design requirement have been previously granted for large projects when the deviation does not represent a traffic or circulation hazard. 2. Because of special circumstances applicable to the subject property, such as, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under, identical zone classification. The proposed commercial project is surrounded by existing residential uses on two sides. With implementation of staffs recommendation to relocate the truck loading/unloading dock, the variance is still necessary but the associated impacts of the project are substantially reduced. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variance to main entry design standards will enable the project to construct a drive aisle and parking stalls conveniently located adjacent to the garden center. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The variance can be supported in conjunction with the redesign and enclosure of the truck loadinglunloading docks along Talbert Avenue. The proposed drive« ay cut within the main entrance serves only a few parking stalls immediately adjacent to the garden center and is not necessary for circulation around the entire building. Circulation around the building shall be limited to emergency vehicle access and can be accomplished through the new driveway cuts established for the enclosed loading docks. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (General Commercial with a floor area ratio of 0.35) on the subject property because «ith the site plan modifications suggested by staff, the driveway opening within the minimum 100 foot deep main project entrance will serve only a few parking stalls and will not create a circulation hazard. (98SR5 tj4) -- 415/99 Attachment No. 1.2 (0 FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP N0. 97-161: Tentative Parcel Map No. 97-161 for subdivision of the subject site into four parcels is consistent %vith the General Plan Land Use Element designation of CO-F1 (General Commercial with a floor area ratio of 0.35) on the subject property except in areas for which a Statement of Overriding Considerations has been adopted. The proposed subdivision meet sall development standards established in the HBZSO. 2. The site is physically suitable for the type and density of development proposed except in areas for which a Statement of Overriding Considerations has been adopted. 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. 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. There are no easements established for access through or use of the subject property by the public. However, recreational use of the property by the general public has been existing on the site (although not acquired through an easement), and is mitigated through measures identified in EIR No. 97-1. CONDITIONS OF APPROVAL —CONDITIONAL USE PERMIT NO.97-70: 1. The site plan received and dated October 22, 1998 and, floor plans and elevations received and dated August 5, 1998 shall be the conceptually approved layout with the following modifications: a. Revise the site plan by relocating the Wal-Mart building 20 feet west of the currently proposed location depicted on site plan dated October 22, 1998, in order to match the building location analyzed for shade and noise impacts in EIR No. 974 (minimum 90 foot setback from residential property line on east side). Other improvements, such as, driveway entrances, parking stalls, and landscaping, shall be shifted west accordingly. b. Revise the site plan to fully screen the truck loading and unloading docks from view of Talbert Avenue by fully enclosing the loading docks and providing a roll up door, as provided at the Cerritos location. The at -grade loading dock shall also be relocated within the enclosed loading area. Landscape berming, screenwalls, and delivery bay enclosures shall be subject to review and approval by the Design Review Board. (98SR51 j4) — 415199 Attachment No. 13 c. Revise the site plan to indicate that the area between the building and the east property line shall be comprised of a 25 foot wide fire lane and a minimum of 65 feet of landscaping; the area between the building and the south property line shall be comprised of a 25 foot wide fire lane and a minimum of 35 feet of landscaping (low ground cover with emphasis on trees) although restricted access through the use of turf block or other similar type materials (subject to approval of the Fire Department and Planning Department) shall be utilized. Revise the site plan to depict 17 foot by 45 foot turning radius around the building and locked removable bollards across driveway entrances to the turfblock accessway as required by the Fire Department. d. Ultimate design of the truck delivery relocation_ will be subject to approval by the City of Huntington Beach Public Works and Planning Departments. e. The revised site plan dated October 22, 1998 will also require submittal and approval of a noise study prior to issuance of a building permit to verify that external noise levels as required by Chapter 8.40 of the Huntington Beach Ordinance Code will be met. An independent noise study shall be conducted at the direction of the City, but at the expense of the applicant and shall be subject to approval by the Planning Director. Deliveries shall be permitted only between the hours of 7:00 AM to 10:00 PM unless the noise study verifies the project's ability to comply with the noise code and does not rely on unusual delivery methods or monitoring by staff. Because the truck loading docks shall be fully enclosed, a maximum eight (8) foot high wall shall be designed along the south and east property lines without reliance on delivery methods that require unusual monitoring by City staff. The eight foot high wall shall be of high quality design and decorative materials to match the building. For example a smooth stucco wall with trim cap or similar approved wall shall be provided. f. Revise the site plan for consistency with the proposed building elevations by accurately depicting the projecting arcades, columns, and overhangs. Revise the site plan to reflect other improvements proposed on the August 5, 1998 site plan including decorative sidewalk (a decorative pattern shall delineate a minimum five (5) foot wide sidewalk along the front of the building), planter pots, tree wells, shrub planters, etc. Revise the site plan to include landscaping within the median area between the drop-off/pick-up area and the parking lot. Revise the site plan to include a 12 foot wide landscape planter adjacent to Talbert Avenue to accommodate the minimum 10 foot wide planter required plus a 2 foot vehicle overhang. Revise the site plan to depict the correct number of parking stalls proposed in the third row of double loaded parking spaces up from the south property line (82 instead of 84 spaces). g. Revise the building elevations by reducing the amount of fascia located beneath the archway elements. (93SR31 ja) — 4/5/99 Attachment No. 1.4 r 0 h. Revise the site plan to delete permanent outdoor sales and display. The applicant may apply for a calendar of outdoor sales events subject to the requirements of the HBZSO and review by the Zorurig Administrator. L Elevations shall depict colors and building materials as approved by Design Review Board. j. Revise the site plan to incorporate a bus pad on Talbert Avenue. Design plans and required improvements for the bus pad shall be coordinated with the revised loading dock location, the Traffic Engineer and OCTA. k. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 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. Relocate the screened transformer currently proposed on the East Side of the Wal-Mart building so it is not located.adjacent to residential units. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) m. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be -screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shaII be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) n. Depict C gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. o. Submit an outdoor lighting plan for the site, including loading areas, for review and approval by the Public Works, Police, and Planning Departments. Calculations in support of the selected lighting plan shall be submitted for review and approval. Energy savings 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 (including height and shielding detail). Project lighting shall include reduced levels after 10:00 PM to the satisfaction of the Public Works, Police, and Planning Departments. (98SR51j4) — 4/5/99 Attachment No. I.5 r-i p. Prior to issuance of building permits the applicant shall submit a public art element which is fully integrated into the site design and shall be located within a publicly accessible place within the project. Public art shall be subject to approval of the Plannin; Director, the Cultural Services Manager, and Design Review Board and'shall include art of: 1) Artistic excellence and innovation, 2) Appropriate to the design of the project, 3) Reflective of the community's cultural identity, (ecology, history, society). The public art shall be in place prior to final inspection. q. Revise the site plan or floor plan to depict a cart storage area. Cart storage shall either be located within the store or adjacent to the building as long as the area is properly screened by a low decorative wall or landscaping. Cart return facilities shall be located in convenient places throughout the parking lot and shall not include signage. r. Revise the site plan to reflect driveway, parking, and landscaping improvements as depicted on the partial/conceptual site plan received and dated February 19, 1999, which accommodates truck turning movements at the main project entrance and eliminates one driveway opening. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. The project shall be redesigned in accordance with Condition of Approval No. 1 and revised site plans, floor plans, and building elevations shall be submitted to the Planning Department. c. Depending on the uses proposed, uses within the satellite buildings may require approval of conditional use permits by the Zoning Administrator or Planning Commission pursuant to the regulations within the HBZSO. At a minimum, the satellite buildings shall be reviewed by the Design Review Board prior to submittal for building permits.- d. All Fire Department requirements shall be noted on the building plans. (FD). (935RS 1 j4) — 4/5/99 Attachment No. 1.6 • e. Demonstrate to the satisfaction of the City Traffic Engineer that the westerly driveway will: 1. Be restricted to right -turn in/out only. The raised median within this driveway shall end at the right-of-way line to allow for ADA compliance for the sidewalk. 2. Provide a minimum width of 30 feet and accommodate one inbound lane and one outbound lane. 3. Be stop sign -controlled. .f. Demonstrate to the satisfaction of the City Traffic Engineer that the main project driveway will: 1. Provide full access and a minimum width of 50 feet and accommodate two inbound and two outbound lanes. 2. Provide a 200-foot eastbound right -turn lane and a 250-foot westbound left -turn lane. g. Demonstrate to the satisfaction of the City Traffic Engineer that adequate truck ingress/egress is provided, including adequate maneuvering distances to access the revised location of all loading clacks. All project driveways shall include a 35-foot minimum curb return. 3. Prior to issuance of grading permits, the following shall be completed: a. Submittal of grading plans and site plans that define the grading, excavation, and placement of fill on the project site, and incorporate the recommendations of the geotechnical report; including: 1. Where not removed by cut or replaced with non -expansive soils, the upper three feet of the Wal-Mart pad shall be removed and replaced as properly compacted fill. For the' satellite pads, the subgrade shall be densified to a depth of two feet below existing grades unless removed by cut. 2. To mitigate the potential for distress of floor slabs, the slab shall be underlain with a minimum of two feet of non -expansive, sandy soils. On -site soils shall not be used in the upper two feet of the pads or as retaining wall backfill. 3. Prior to placement of new fill or construction of structures, all undocumented fill shall be removed and replaced as properly compacted fill. Actual depths of removal shall be determined in the field during grading, by the Geotechnical Engineer. 4. Where fills are exposed at the base of the footing excavation for the'noise wall (east and south property boundaries), the excavation shall be deepened to natural ground and backfilled with concrete. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operatiori of the project may be required if deemed necessary by the Director of Public Works. (PW) (93SR5 I j,4) — 415/99 Attarhment No. 1.7 Blockwall/fencing plans shall be submitted to and approved by the Department of Planning. Double walls shall be avoided to the greatest extent feasible. Applicant small coordinate with adjacent property o% ners and make reasonable attempts to construct one common property wall. If coordination between property owners can not be accomplished, the applicant shall construct an eight (8) foot high wall located entirely within the subject property and with a maximum two (2) inch separation from the property line. Prior to the construction of any new walls, a plan must be submitted. identifying the removal of any existing walls located on the Ocean View School District property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. d. A Grading and Site Improvement Composite Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval and shall include design for the following: 1. Flows leaving the site in the developed condition shall be restricted to pre- 1986 Q!o runoff quantities. All other flows shall be retained on -site until the peak storm has passed. 2. A maximum depth of 12 inches of water will be retained and ponded on -site in -the parking area of the project during major storm events, a maximum of 30 % of the parking stalls shall be inundated in the 100 year storm condition, the ponding shall be located in a remote portion of the parking lot, and one clear drive aisle between the main project entrance and the westerly driveway shall be elevated above the high water limit. Prior to issuance of a building permit the developer shall indemnify and defend the City from any claims for damages caused by the developer's decision to collect storm water on the parking area by recording a covenant on the property, and signs shall be posted -.v7thin the parking lot yarning patrons of potential flooding. The covenant shall be re -viewed and approved by the City Attorney's Office prior to recordation. All finished floors shall be a minimum of 12 inches above the highest storm water level. (PNV) e. 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) (98SR5 [ j4) — 4/5/99 Attachment No. 1.9 f. The project applicant shall file a Notice of Intent (NOI) and comply with the requirements of the NPDES General Construction Permit, including the preparation of a SWPPP incorporating 13MPs. The S%VPPP shall be prepared by a Civil or Environmental Engineer for review and approval by the City's Department of Public Works. The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate. Inlets for ponding shall be provided with storm water clarifiers. (PNV) g. No electric vaults, service pestals, or electrical boxes shall be permitted within the ponding area or in drainage swales. (PW) h. Submit a truck and construction vehicle routing plan (Traffic Control Plan) for review and approval. This plan shall specify the hours during which transport activities can occur and methods to minimize construction -related impacts to adjacent residences. Lane closures, if applicable, and all phases of construction should be indicated on the Traffic Control Plan. The final plan shall be approved by the City Engineer. (PW) i. A planned sign program for all signage shall be submitted to the Department of Planning. Said program shall be approved prior to the first sign request. The project applicant shall conduct asbestos surveys on any portions of the structures to be demolished for which a survey has not been previously conducted. Based on the previous surveys and any future surveys, an Asbestos Management Program for asbestos removal shall be prepared. The Asbestos Management Program shall comply with the requirements of Cal OSHA, the NESHAP regulations, SCAQMD Rule 1403, and the Connelly Warnings Act regarding asbestos identification, notification, and abatement removal. 4. Prior to issuance of building permits, the following shall be completed: a, Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Planning. b. A Landscape Construction Set must be approved by the Design Review Board and then submitted to the Department of Public Works. The plan must be approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials in compliance with the Arborist Report prepared for Environmental impact Report No. 97- 1. The complete landscape plans shall also include an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. A separate water meter and backflow prevention device shall be provided for the irrigation system. The landscape plan shall comply with the following: (985R5 lfg) — 415199 Attachaient No.- J.9 1. The seven Mexican Fan Palms shall either be transplanted or be replaced at a ratio of 2:1. If transplanted, these palms should be preserved with a root -ball of at least four feet square, and this process should be completed between April and August. 2. The remaining on -site trees (Cuban Laurel Fig, Fruitless Mulberries, Brazilian Pepper, Tipu Tree, and Carrot -wood trees), shall be replaced with a total of twelve 36" diameter, box trees (equivalent to an overall 2:1 replacement). 3. Depict the landscaping turf block, etc., for the area between the east property line and the rear of the building. 4. Be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance, Mitigation Measures contained within EIR No. 97-1, Water Ordinance 414.52 the Water Efficient Landscape Requirements, and the City Arboricultural and Landscape Standards and Specifications. (PW) (Code Requirement) c. Final hydrology and hydraulic studies for the site shall be submitted for Public Works approval. The Developer shall mitigate storm runoff generated from school site above existing flow based on pre-1986 hydrology. This can be done in several ways including on -site detention, off -site capacity improvements. etc. (See condition of approval no. 3.d. above). (PW) d. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PNV) e. An erosion control plan shall be submitted to the Department of Public Works. (PNV) f. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and the City of Huntington Beach Fire Department prior to any construction. (PW) g. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PNV) h. Irrevocable reciprocal driveway and parking easements shall be established between the four parcels of Tentative Parcel Map No. 97-161. The reciprocal driveway and parking easements shall include language regarding long term maintenance and property improvements upon and between the subject parcels. The legal i sirument shall be submitted to the Department of PIanning a minimum of 30 days prior to building permit issuance. The document shall be approved by the Department of Planning and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of PIanning. (Code Requirement) (98SR5 t j,4) — 415199 Attachment No. l.lo The subject property shall offer to dedicate reciprocal driveway and vehicular access easements between the entire westerly property line of the subject site and adjacent properties to the west. The owners shall be responsible for making necessary improvements to implement the reciprocal driveway when the offer of dedication is accepted by the opposite party. The legal instrument shall be submitted to the Department of Planning a minimum of 30 days prior to building permit issuance. The document shall be approved by the Department of Planning and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of Planning. (Code Requirement). j. Submit a Parking Management Plan approved by property owner for review and approval by the Department of Planning which contains parking space designations for tenants, employees, customers, and carpooling as required by the Transportation Demand Management Ordinance. (Code Requirement) k. The Final Map shall be accepted by the City Engineer, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. (Code Requirement) 1. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projeces construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. m. Demonstrate to the satisfaction of the City Traffic Engineer that standards regarding pedestrian/bicycle safety along the perimeter sidewalks have been met, including Americans with Disabilities Act (ADA) requirements. n. Complete a Traffic Progression Signal Analysis subject to review and approval by the City Traffic Engineer. o. Building permit plans shall demonstrate compliance with the requirements of Title 24 of the California Code of Regulations governing efficiency standards for heating;:cooliag, ventilation, water heating, and lighting.' P. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. 5. During grading and site development construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: (98SR51 j4) — 4/5/99 AttachrnencNo. I.1 I re b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high. ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. During demolition, clearing, grading, earth moving, or excavation, equipment engines shall be maintained in proper operation conditions. g. After clearing, grading, earth moving, or excavation, the following measures shall be implemented: 1. Unattended areas (disturbed lands which have been or are expected to be unused for four or more consecutive days) shall be watered, sufficient to form crust on the surface with repeated soakings, as necessary, to maintain crust and prevent dust pick up by the wind. 2. Soil binders shall be used. 3. Street sweeping shall be implemented, as necessary. 4. Vegetative ground cover planting shall berequired for stabilization, if construction is not anticipated within one month. h. Trucks hauling soil or other loose substances, such as building material, will be covered, or will maintain a minimum of two feet of freeboard between the top of the load and the top of the truck bed sides. i. During grading and construction, vehicle movement (except for water trucks) shall be terminated if winds exceed 15 mph. - b. Prior to final building permit inspection and commencement of use, the following shall be completed: a. The Developer shall design and construct the sewer system required to serve the development. The existing 8 inch sewer in Talbert Ave. shall be extended to serve the site. b. Access to the site from Lisa Lane shall be closed and driveway improvements removed. The developer shall construct a new block wall pursuant to requirements of the Public Works Department. (98SR5114) — 4/5/99 Attachment No. 1.I2 r c. The Developer shall construct raised landscaped medians in Talbert Avenue from Beach Boulevard to Hartlund Street. Left turn pockets shall be constructed for: (1) Main entrance to Wal-Mart (west bound left turn), (2) west bound Talbert Avenue at Beach Boulevard, (3) west bound Talbert Avenue at west driveway to Wal-Mart and (4) east bound Talbert Avenue at Good Shepherd Cemetery. d. The Developer shall construct new curb, gutter, paving, sidewalk, and street lights on Talbert frontage as directed by Public Works. e. Backfloty protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppression water services. f. Construct an 8" water line looped around the Wal-Mart Building with two connections to the largest water main in Talbert Avenue. Number and location of on -site fire hydrants shall be determined by the Fire Department. Each building required by the Fire Department to install a sprinkler system shall have a separate fire service line per Water Division Standards. g. Each building shall have separate water services for domestic, fire and irrigation. The domestic water services and meters will be sized per the Uniform Plumbing Code (UPC) and Uniform Fire Code. Water meters shall be placed in the sidewalk'along the street to which the property is addressed. h. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to the Planning Department. i. All improvements to the property shall be completed in accordance with the approved plans, conditions of approval specified herein, and mitigation measures identified in EIR No. 97-1, including: 1) Landscaping; 2) Improvements- identified in. above conditions of approval. (PW) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) (98SR.5 IjQ — 4/5/99 Attach=nt No. 1.I3 4) A fire alarm system will be installed to comply %pith Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; d) smoke detectors; and e) audible alarms (FD) 5) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 6) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 7) Fxit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Lour level exit signs will be included. (FD) 8) Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification #401. Include the circulation plan and dimensions of all access roads (24 ft or 27 ft fire lanes, turnarounds and 17 ft by 45 ft radius turns. (lA D) 9) Submit to the Fire Department for approval of a Fire Protection Plan containing 1egLdrements of Fire Department Specification #426. (FD) 10) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. (FD) 11) An automatic fire sprinkler system shall be approved and installed pursuant to National Fire Protection Association Standards to cover any high piled stock commodity, in -rack storage, or other storage areas. The system shall also comply .vidi Fire Department regulations and Uniform Building Code Standards. (FD) 12) Cornply with Fire Code requirements for opticom signal; if deemed necessary by the City of Huntington Beach Fire Chief. (FD) 13) Standpipes with fare hose connections shall be provided per Article 81 of the Huntington Beach Fire Code. (FD) 14) Curtain boards shall be installed per Article 18 of the Huntington Beach Fire Code. (FD) (98SR51 j4) — 4/5/99 Attachment No. I.14 15) A smoke removal system shall be installed per Article 18 of the Huntington Beach Fire Code. (FD) 16) Fire Department access doors shall be installed every 100 feet in exterior walls that lead to high piled merchandise storage areas per Article 81 of the Huntington Beach Fire. Code. (FD) j. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. k. 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. 1. The project shall comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) m. The developer shall submit copies of a written proposal and authorization or refusal of dual pane window from all eight property owners as described below. Upon written authorization from each property owner, the developer shall obtain building permits and install dual pane windows on the front (north side) of each single family dwelling located on th6 south side of Talbert Avenue from the northeast corner of the subject property to the southwesterly corner of Talbert Avenue and Hartlund Street (8242, 8252, 8262, 8272, 8282, 8302, 8312, and 8322 Talbert Avenue). The first single family dwelling adjacent to the northeast corner of the subject property (8242 Talbert'Avenue) shall be provided with dual pane windows on the entire structure. The developer'shall finalize each building permit for window replacement prior to issuance of any Certificate of Occupancy on the subject site. n. Submit a cash bond for sidewalk improvements as required in Condition of Approval No. 8 below. o. Right turns onto Talbert Avenue shall be prohibited for all delivery vehicles. The applicant shall post a regulatory type sign (black letters on white background) at the signalized exit from the project onto Talbert Avenue stating that "All Delivery Vehicles — Left Turn Only — Wal-Mart Management" The City of Fountain Valley shall be a third party beneficiary to this condition. (985R51j4)-4/5/99 AnachmeaFNo. i.15 r ' 7. The use shall comply with the following: a. All deliveries to the site -shall occur benveen the hours of 7:00 AM to 10:00 PM unless a noise study funded by the applicant and approved by the Planning Director demonstrates that the enclosed delivery bays meet the Huntington Beach Noise Code. Delivery methods shall not require unusual monitoring by staff. All delivery vehicles, including Wal-Mart trucks and outside vendors but excluding garden center deliveries, that can not be accommodated within a typical 9 foot wide by 19 foot deep parking stall shall utilize . the enclosed delivery bays for all loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited from the rear (east) and side (south) of the proposed Wal-Mart building. b. Customer hours shall be limited to 7:00 AM to 10:00 PM, seven days per week. c. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a temporary use permit be granted for use of the area between the Wal-Mart building and the south and east property lines. Any approved outdoor sales events shall be located in compliance with the required decorative paving pattern and shall maintain a minimum five (5) foot wide sidewalk. d. The Wal-Mart building shall be designated as a single user with a maximum of 10% o-f the gross building floor area devoted to an ancillary retail tenant. e. A maximum of 10% of the net retail Wal-Mart building floor area shall be devoted to display of non-taxable sales items. f. Any re -use of the site or request for future demising walls separating new tenant spaces within the Wal-Mart building shall require approval of a conditional use permit by the Planning Commission. g. If ground cover is proposed near loading docks and entry doors it shall be permanently maintained in a low manner to discourage concealment by potential offenders. h. Service roads and fire access lanes, as determined by the Fire Department, shall be posted' and marked. (FD) . L Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) (98SRS 1j4) -- 4/5/99 Attachmept No. I.16 _ • r• j. There shall be no outside storage'of storage containers or bins, vehicles, vehicle parts, equipment or trailers. There shall be no outside storage of pallets or trash compactors unless located behind screen walls and a noise study is submitted and approved verifying that all operations can comply with the Huntington Beach Noise Code. k. All future Wal-Mart store managers shall be required to review these conditions of approval and acknowledge that they have been read and understood by providing a written signature declaring such action has occurred. 1. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign shall be posted on -site both during construction and when the development is open for business identifying the store contact and telephone number. m. No overnight sleeping or camping shall be permitted on the property. n. Future business operators (project applicant or owner, tenants, and third party vendors) at the project site which store hazardous materials in excess of reporting thresholds, shall prepare and submit a HMBP to the County of Orange Health Care Agency and the Huntington Beach Fire Department, as appropriate. The HMBP will be maintained and updated, as necessary, per the requirements of the Waters Bill (1985). o. If the requirement threshold is met, the project applicant and/or owner, tenants, and third - party vendors will prepare and submit a Risk Management Prevention Program (RMPP) to the County of Orange Health Care Agency and the Huntington Beach Fire Department, as appropriate. The RMPP will be maintained and updated, as necessary, per the requirements of the La Follette Bill. p. The project applicant and/or owner, tenants, and third -party vendors, as necessary, will comply with all OSHA and Cal OSHA training and informational requirements concerning hazardous materials. q. The project applicant and/or owner, tenants, and third -party vendors, as necessary, will comply with the requirements of the Hazardous Waste Source Reduction and Management Review Act of 1989. r. Business operators shall comply with the requirements of Proposition 65 posting and reporting requirements related to hazardous building materials and hazardous chemicals, specifically asbestos and lead. s. The project applicant will, as necessary, implement the requirements of TSCA and the PCB -related requirements of the USEPA. (985R51j4) — 4/5/99 - Attachment No. 1.17 t. The installation of any underground storage tanks by the project applicant and/or owner, tenants, and third -party vendors will conform «ith the applicable requirements of the 1998 Cortese/Sher Bill and any other California Health and Safety Code requirements. 8. Prior to final building permit inspection, the developer shall submit three bids from a general contractor to install an A.C. sidewalk on the north side of Talbert from Beach Boulevard to the easterly property line of the Good Shepherd Cemetery. The three bids shall be used by the Public Works Department to determine the cost of required improvements. A cash bond in the amount of one and one-half times the cost of sidewalk installation shall be submitted to the Public Works Department. A pedestrian study, funded by the developer at the direction of the Public Works Department, shall be completed six months after issuance of a Certificate of Occupancy for Wal-Mart. The pedestrian study shall verify whether a nexus exists to require construction of sidewalk on the north side of Talbert from Beach Boulevard to the easterly property line of Good Shepherd Cemetery. Should a nexus exist, as determined by the Director of Public Works, the developer shall submit a Street Improvement Plan subject to review and approval by the Public Works Department and shall install the sidewalk within 30 days of receiving approval of such plan. The bond required in Condition of Approval No. 6.n. above shall be returned should no nexus exist or when Public Works inspects and approves the sidewalk installation, whichever occurs first. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the PIanning-Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 10. This Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97-I61 shall not become effective until Environmental Impact Report No. 97-1, General Plan Amendment No. 97-1, and Zoning Map Amendment No. 97-1 have been approved by the City Council and are in effect. INFORMATION ON SPECIFIC CODE REOUIRENi MNTS: THESE CODE REQUIRM'ENTS,ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS APPLICABLE TO. THIS PROJECT, 1. Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97-161 shall not become effective until the ten day appeal period has elapsed. (98SR51 j4) — 4/5/99 Attachment No. 1.19 2. Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97-161 shall become null and void unless exercised within two years (TPM) of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Administrative Citation process may be utilized by City Code Enforcement Officers should any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The Planning Commission reserves the right to revolve Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97- 161pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. (PW) 6. 'Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy, which ever occurs first. (PW) 7. A construction permit shall be required for all work within City right-of-m-ay. (PW) 8. All new and existing utilities -(less than 66 kV) shall be installed underground. (PW) 9. A Certificate of Occupancy must be issued by the Department.Building and Safety prior to occupying the building. 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. Payment of Capital Facilities Charge in accordance with the Huntington Beach Water Master Plan and City Council Resolution No. 6713. 12. 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. 13. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 14. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 15. All signs shall conform to the HBZSO unless otherwise approved. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. (98SR51j4) — 415199 Attachment No. 1.19 16. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two, (2) days of the Planning Commission's action. 17. All Mitigation Measures outlined in Environmental Impact Report No. 97-1 shall be complied with in accordance «zth the Mitigation Monitoring Program. C_ UYDITIONS OF APPROVAL —TENTATIVE PARCEL MAP NO. 97-161: 1- The tentative map received and dated August 11, 1997, shall be the approved layout, however the map shall be revised to match the approved site plan. 2. Prior to submittal of the final map for approval by the City Engineer, an irrevocable reciprocal parking ,access, and maintenance easement between and across all subject parcels within the tentative parcel map shall be submitted. The reciprocal easements shall state that all parties shall participate in maintenance of landscaping and parking lot facilities (new asphalt, restriping, etc.) at the same time and that all property shall be maintained in perpetual good condition. The City Attorney Office shall review and approve the form and content of the reciprocal parking, access, and maintenance agreement. The reciprocal document must be in recordable form prior to recordation of the map. The document shall be recorded with the County of Orange Recorders Office prior to final building permit inspection on the property. 3. 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. All'vehicular access rights to Talbert Avenue shall be released and relinquished to the City of Huntington Beach except in locations approved by the Planning Commission. b. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. '(PW): c. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18- (PW) 4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Dept, at the time of recordation. (PVC (98SR5 U4) — 4/5199 Attachment No. 120 r ` ` MOP-I�IATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL AP NO.97-1 b 1: THESE CODE REQUIREMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS APPLICABLE TO THIS PROJECT. - 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Tentative Parcel Map No. 97-161, Conditional Use Permit No. 97-70, Variance No. 98-. 18, and Design Review Board No. 97-8 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. (98SR5 1 j4) — 4I5I99 Attachment No. 1.21 UAL '.may '� � a-� � ! - � �� - �Y� f •� :!r! �'r • REQUEST FOR ACTION • MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL99-60 demonstrated in the above summary, asbestos removal .and disposal procedures fall un a jurisdiction of the SCAQMD and not the City of Huntington Beach. Although not fully des d here, the SCAQMD procedures are very stringent to ensure that asbestos is not released the air and that any water used in the removal is either treated and disposed of proper is in small amounts so that no runoff occurs. SCAQMD also requires that no open container ermitted on the site and that any asbestos containing material be completely contained sealed, locked containers and kept away from areas accessible to the public. Althou ruck hauling plans are not required by SCAQMD the trucks used in removal of the asbes aterial are required to comply with regulations regarding covering of the material, weight a trucks, and must follow designated truck routes to the approved disposal site. The noti i n requirements of SCAQMD require the disposal site to be designated prior to removal of the rial. The applicant has not begun the SCAQMD notification requir is and has not formally identified the method of asbestos removal. Although staff believes that compliance with the current regulations an dards of SCAQMD are more than adequate to protect the public health, staff recomm the (New) 11. Prior to issuance of a demolition permit, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the SCAQMD and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, and identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. PL99-60 -5- 09114199 1:33 PM • REQUEST FOR ACTION* MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL99-60 f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. h. All other conditions of approval of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative Parcel Map No. 97-161, and Design Review Board No. 97-8 shall remain in effect. Staff 'eves that the above recommended conditions of approval solidifies the responsibi of the applicant to meet all requirements for asbestos removal and' disposal. The hazardo aterial removal still remains the purview and expertise of the SCAQMD, however, the abo oted conditions of approval will ensure that all material is removed prior to demolition of any ing and specifically addresses the process for demolition permits. Environmental Status: This project is covered by EnvironRkKtal Impact Report No. 97-1 certified and adopted by the City Council of the City of Huntingt each on December 4, 1998. Attachment(s): 1. New Findings and Suggested Conditions ofllWroval 2. Notice of Action letter from Connie Brockway, Ci lerk, with Findings and Conditions of Approval as approved by the City ncil on April S; 1999 RCA Au o PL99-60 -6- 09114199 1:33 PM WUTZGATIO'XMO\TTORING PROGRAM . State Clearinghouse No. 97081046 CREST VIENY SCHOOL SITE MITIGATION MOI TTORING A--D REPORTING PROCEDURES Section 21081.6 of the Public Resources Code requires a Lead or Responsible Agency that approves or carries out a project where an EIR has identified significant environmental effects to adopt a "reportigg or monitoring program for the changes to the project which it has adopted or made a condition of project approval in- order to mitigate or avoid significant effects on the environment" (Mitigation Monitoring Program). The City of Huntington Beach is the Lead Agency for the subject project. This Mitigation Monitoring Program is designed to monitor implementation of all feasible mitigation measures for the Crest View School Site identified in the EIR. Future development identified as requiring mitigation measures is listed and categorized by impact area. The project Applicant shall be responsible for implementing all mitigation measures unless otherwise noted and shall be obligated to provide certification, as identified below, to the appropriate monitoring agency. Departments listed below are all departments of the City of Huntington Beach, unless otherwise - noted. 64 - �� d iP MITIGA270N MEASURE TIME OF MONITOR VMUPICA'I'ION OF DATE OF COMPLIANCE COMPLLANCE COMPLIANCE Trans artntlon/Curculatlon T-1 The applicant shall construct a traffic signal at Talbert Prior to issuance of City Engineer Avenue and the main project driveway, Certificate of Occupancy T 2 I'lic npplicnnt shall Install a protected left-lum signal at the Prior to issuance of City Engineer Newland StreetlTalbert Avenue Intersection. Certificate of Occupam T-3 The applicant shall contribute a fair share payment to the Prior to Issuance of City Engineer City of nountaln Valley to mitigate the deficiency described Certirlmle of Occupancy at the ' lntersectlon of Talbert Avenue and Bushard Street based on the vehicle trips added to the Intersection as redicted In the !raffle InVei assessment. T4 The applicant shall contribute a fair share payment to the Prior to Issuance of City Engineer City of Huntington Beach to mitigate the deficiency Certificate of Occupancy described at the Intersection of Beach Boulevard and Slater Avenue based on the vehicle trips added to the Intersection as predicted in the traMe Impact assessment. Noise N-1 Store deliveries shall be limited to between_ the hours of Post -Construction. Planning Department 7:n0A.M. and 10:00 p.M. On oln N 2 Prior to the issuance of grading permits, an acoustical Prior to the issuance of Planning Department analysis shall be prepared to determine design level grading permits mitigation required for noisy generated by on -site activities. Including truck deliveries and loading dock operations. no study shalt determine the precise height of a noise wall system required along the east and. south property boundaries to. successfully shield adjacent residential uses. (Based on the noise analysis condttbted for this EIR, an approximate 12-foot high wall will be mqulmd along the • entire east properly and a portion of die south boundary, and an approximate ten -foot high wall will be' requitxd along the balance of the south property boundary). 711s study shall be revlewcd and approved by tits City's Community Development Department prior to the issuance of mdin rmila. . N 3 Prior to the issuance of occupancy izmtits, an approprinte Prior to issuance of Building DCpartisicid nalse wall -syslctll (pufsuant to Mitigntlen Measure N-2) Certifcnte of Occupancy l'lnnning Department shall be constructed to the satisfaction of the City Engineer permits i 40 TIN I'nga 2 etri MITIGATION MEASURI; TIME OF MONITOR VERIFICATION OF DATE OF C0MPLfANCL COMPLIANCE COMPLIANCE Recreation R-1 Construction of access to Lambert Park from Newland Prior to issuance of Public Works Street shall be required. A switchback ramp is anticipated Certificate of Occupancy Department to be required and shall' be provided pursuant to. the permits Community Services irements or the Americans with Disabilities Act. Department R-2 A Phase I archaeological study,.' including it Ilion. lure Prior to and during Community Services search, records search, field visit, and .report outlining construction of the Department constraints or lack of constraints, shall be completed prior access improvements Planning Department to construction of the accost Improvements. In the event that constraints are Identified, an archaeological monitor :hail be present during the construction of access improvements. The - archaeologist shall have the authority to stop construction activities in the event archaeological resources are uncovered during grading until Inspection, evaluation and recovery activities are completed. R 3 The City shall develop a phased, long-term agreement with Prior to the imam of Community Services OVSD to mitigate the loss of recreational facilities at both building permits at Crest Department the Crest View School site and the Rancho View School View. Planning Department site, which Is also anticipated to be developed with commercial uses. The agreement Is anticipated to Incorporate the following; ' r . Phase ! — Upon development of she Crest View School site, Prior to issuance of Community Services facilities at Lake View School should be improved to building permits at Crest Department t accommodate the youth soccer and youth io ball activities View. Plamring Department previously Accommodated at Crot View. 7* will require the relocation of two softball backstops and the Installation c of one soccer field at Lakeview. ' Phase 2 -- Upon development of the Rancho View School Prior to issuance or Community Soviets slit:, the take View School. site-. facilities should be building permits nt Department reconfigured to accorirmodate two skinned Infield baseball Rancho Vlew. Planning Department diamonds (ror the OV Little League). The softball anti . soccer field ni Lake View School will Then need to he relomied in tiro bark Vices SolmliMurdy Part site. • i Page J nfJ i t5wi Milli � RECEIVED J U L 2 7 2000 CITY OF H U N T I N G T O N BEACH Department of Planning INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-56 — Reimbursement Agreement Amendment with Arnel Retail Group Date: July 27, 2000 As required by Resolution 4532, this Fiscal Impact Statement has been prepared for "Approve a Reimbursement Amendment with Arnel Retail Group, Inc. for Professional Planning Services to prepare a Noise Evaluation of the Wal-Mart Site". If the City Council approves this request (total appropriation $9,990) there will be no effect on the City's unreserved, undesignated General Fund balance since the amount is funded by a reimbursement from the developer. J6K6 Reekstin, Director of Administrative Services RCA 4OUTING STiEET INITIATING DEPARTMENT: PLANNING SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT WITH ARNEL RETAIL GROUP FOR PROFESSIONAL PLANNING SERVICES TO PREPARE A NOISE EVALUATION OF THE WAL-MART SITE COUNCIL MEETING DATE: I August 7, 2000 .... ... .... .... . . .. . .................. ............ :RCA A .......... ........................... ... . . ......... . . ........ . .. ...... OrdinanceLw/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the Cif y Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable FOR": MISSING, ATTACHMENT......&�% ...................................... .......... .................... ........... 4 ............. ... . ... ...... ....... .. .. . ... : . .. ... ::EXPLANATION FOR RETURN OF .................................................ITEM:..... RCA Author: HZ:SH:HF:JJ i S REQUEST FOR LATE SUBMITTAL OF RCA .............. Title a,a,f 7, Date of This Request: REASON(Why is this RCA being submitted late?): 6U0.itr :._ . ::.. :..:.:. EXPLANATION(Why is this RCA necessary to this a enda? : �-ca CONSEQUENCES How shall delay of this RCA adverse!y impact the Ci ? : Wlp- !r8 ]/e.ru-hzu S.�.Y1�I�t�t zcr- Gl . CD 01ty- tilt A)J - -e F-6a.P_. t a-H&-- Ati Of-agd