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HomeMy WebLinkAboutPublic Hearing -Two Appeals Planning Commission Approval of ry T eRsu��r Council/Agency Meeting Held: ?l a t,19 9 �"eSy nosy o /ter Deferred/Continued to: Approved ❑)Conditionally Approved Denied -z-P-4-7 City Clerk's Signature Council Meeting Date: September 20, 1999 Department ID Number: PL99-60 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrat.41 0 ��-.';; PREPARED BY: HOWARD ZELEFSKY, Planning Director- SUBJECT: APPROVE ADDITIONAL SUGGESTED CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 97-70 RELATING TO THE DEMOLITION PERMIT FOR CREST VIEW SCHOOL /WAL-MART Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request 'by the City Council to explore adding conditions of approval to the demolition permit for the Crest View School. The construction of a 130,342 square foot Wal-Mart, an 8,138 square foot garden center, and three other retail/restaurant pads was approved by the City Council on April 5, 1999. Initially, no conditions were tied to the demolition permit since it was believed at the time of approval that the Division of the State Architect had jurisdiction over demolition permits for a school property. However, since that time the City has been informed that it has jurisdiction over the demolition permit. Therefore, staff is recommending the addition of certain conditions of approval for the demolition permit (Recommended Action) because concerns have been raised regarding protection of the environment during asbestos removal and demolition of the existing structures. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve additional Conditions of Approval (#11) for Conditional Use Permit No. 97-70 with findings and conditions of approval (ATTACHMENT NO. 1)." L �� REQUEST FOR ACTION MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL99-60 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny additional conditions of approval for Conditional Use'Permit No. 97-70 with findings." 2. "Modify additional conditions of approval for Conditional Use Permit No. 97-70 with findings and modified conditions of approval." or 3. "Continue Conditional Use Permit No. 97-70 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Mr. Tom Love Mr. Greg McClelland Arnel Retail Group 949 South Coast Drive, Suite #600 Costa Mesa, CA 92626 Location: 18052 Lisa Lane (Crest View School, south side of Talbert Avenue, approximately 300 feet east of Beach Boulevard) Conditional Use Permit No. 97-70 was approved by the City Council on April 5, 1999 along with Variance No. 98-18, Tentative Parcel Map No. 97-161, and Design Review Board No. 97-8. These entitlements represent construction of a 130,342 square foot Wal-Mart with an 8,138 square foot garden center along with three other retail/restaurants pads at the Crest View School site. B. BACKGROUND At the time of the public hearing on April 5, 1999 it was believed that the Division of the State Architect and not the City of Huntington Beach would issue the demolition permit for the Crest View School. Typically, projects on public school grounds are the purview of the Division of the State Architect and do not fall under the jurisdiction of the City of Huntington Beach unless the project is unrelated to the education of children and the curriculum of the State of California. Therefore, since it was believed that the City would not issue the demolition permit there were no conditions of approval attached to the demolition permit. The community surrounding the project has indicated their concerns with health and safety issues during asbestos removal and demolition of the existing school buildings. PL99-60 -2- 09/14/99 1:33 PM REQUEST FOR ACTION MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL99-60 i At the August 30, 1999 City Council meeting, the City Council scheduled a public hearing for September 20, 1999 to consider adding conditions of approval to the conditional use permit for the demolition permit. C. STAFF ANALYSIS AND RECOMMENDATION: Some members of the public have expressed concern with the hazards of asbestos removal at the school site. Removal of asbestos and compliance with state laws regarding proper disposal of hazardous materials are neither the purview nor the expertise of City staff. The South Coast Air Quality Management District (SCAQMD) is the responsible agency for asbestos removal and disposal procedures. Staff has met with representatives from SCAQMD to learn more about the requirements regarding asbestos removal. The SCAQMD regulations have been established to ensure safe removal and disposal of asbestos material and address many of the questions raised by the City Council. The following is a summary of the procedures under the jurisdiction of the SCAQMD: SUMMARY OF SCAQMD ASBESTOS REMOVAL AND NOTIFICATION PROCEDURES 1. Asbestos Survey required. 2. 1st notification - SCAQMD shall be notified, by licensed contractor, 14 calendar days prior to asbestos removal. Notification shall include specific information regarding location and amount of asbestos and the procedure to remove it. 3. Depending on the location, amount, and method to remove asbestos, SCAQMD may require approval of an Asbestos Management Plan prior to the asbestos removal. (As of the writing of this report, the applicant has not begun the notification process at SCAQMD, therefore, the procedure for asbestos removal has not been identified). An Asbestos Management Plan is not required under the following conditions: a. Procedure 1 = asbestos removal with full containment of structures including but not limited to tenting, negative air pressure, a series of three tenting chambers, workers in body suits, proper HEPA air filters, and other containment measures. b. Procedure 2 = asbestos removal on a small scale where a special containment bag equipped with gloves can be used to remove a small amount of material. PL99-60 -3- 09/14/99 1:33 PM REQUEST FOR ACTION MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL99-60 c. Procedure 3 = asbestos removal of floor materials, roof materials, or siding materials by manual means. In this method, asbestos and screws, nails, and other material is removed by hand, no power tools are permitted, material is misted by low pressure sprayers, and all material is contained within appropriate containers. No water runoff is permitted when using this procedure. Prior written approval of an Asbestos Management Plan is required under the following conditions: d. Procedure 4: = Dry removal when asbestos is in an electrical vault or in similar area and water misting is not possible. e. Procedure 5: = Asbestos removal using a combination of the above methods, or exception to any of the above methods, or a method using a new technique or new technology not covered in the above procedures. 4. Inspections - SCAQMD mostly performs random inspections, however, significant large projects or projects with complaints are audited with a thorough inspection. 5. 2nd notification - the applicant shall notify SCAQMD at least 14 calendar days prior to demolition. During this 14 day period, SCAQMD determines if asbestos has been removed and disposed of properly. 6. Applicant presents a copy of the completed SCAQMD Notification to the Planning and Building Departments in order to request a building permit for demolition. The City will hold issuance of the demolition permit until SCAQMD has verified in writing that the required notification procedures have been completed (and therefore asbestos removal has occurred). 7. Demolition permit issued after City of Huntington Beach verifies completion of notification and removal of asbestos. 8. Time frame: From initial notification to the start of demolition is estimated to take approximately 8 weeks; 2 weeks for asbestos notification, 4 weeks for asbestos removal, and 2 weeks for demolition notification. The actual demolition time of the site takes 4 to 12 weeks depending on the method of demolition. Again, as of the writing of this report, the applicant has not begun the notification period at SCAQMD, therefore, the time frame described above has not commenced. PL99-60 -4- 09/14/99 1:33 PM REQUEST FOR ACTION MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL99-60 As demonstrated in the above summary, asbestos removal and disposal procedures fall under the jurisdiction of the SCAQMD and not the City of Huntington Beach. Although not fully described here, the SCAQMD procedures are very stringent to ensure that asbestos is not released into the air and that any water used in the removal is either treated and disposed of properly or is in small amounts so that no runoff occurs. SCAQMD also requires that no open containers be permitted on the site and that any asbestos containing material be completely contained within sealed, locked containers and kept away from areas accessible to the public. Although truck hauling plans are not required by SCAQMD the trucks used in removal of the asbestos material are required to comply with regulations regarding covering of the material, weight of the trucks, and must follow designated truck routes to the approved disposal site. The notification requirements of SCAQMD require the disposal site to be designated prior to removal of the material. The applicant has not begun the SCAQMD notification requirements and has not formally identified the method of asbestos removal. Although staff believes that compliance with the current regulations and standards of SCAQMD are more than adequate to protect the public health, staff recommends the following new conditions of approval: (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- 09/14/99 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. F. SUMMARY Staff believes that the above recommended conditions of approval solidifies the responsibilities of the applicant to meet all requirements for asbestos removal and disposal. The hazardous material removal still remains the purview and expertise of the SCAQMD, however, the above noted conditions of approval will ensure that all material is removed prior to demolition of any building and specifically addresses the process for demolition permits. i Environmental Status: This project is covered by Environmental Impact Report No. 97-1 certified and adopted by the City Council of the City of Huntington Beach on December 4, 1998. AttachmentM: City Clerk's • - Number No. Description 1. New Findings and Suggested Conditions of Approval 2. Notice of Action letter from Connie Brockway, City Clerk, with Findings and Conditions of Approval as approved by the City Council on April 5, 1999 RAHZSJu H I. PL99-60 -6- 09/14/99 1:33 PM . � � �\" <» • v \ k » > w.« ° - y ^.�: : ��s• ATTACHMENT NO. 1 SEPTEMBER 20. 1999 ADDITIONAL NEW FINDINGS AND CONDITIONS OF APPROVAL (#11) RELATING TO DEMOLITION OF CREST VIEW SCHOOL ONLY CONDITIONAL USE PERMIT NO. 97-70 (REVISED) NEW FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 97-70 RELATING TO DEMOLITION OF CREST VIEW SCHOOL ONLY: 1. Conditional Use Permit No. 97-70 (Revised) to add conditions of approval for demolition of Crest View School 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 additional conditions of approval relating to the demolition of the school buildings ensures a safe operation for demolition, removal, and disposal of hazardous materials. These additional conditions are intended to protect the-general welfare of persons working or residing in the vicinity. 2. The additional conditions of approval relating to demolition of the school buildings will be compatible with surrounding uses because the conditions are intended to require compliance with all local, state, and federal regulations regarding the identification, removal, and disposal of hazardous materials and ensure safe demolition of the structures. 3. The additional conditions of approval relating to demolition of the school buildings 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. The demolition of the school buildings does not represent an unusual or special request; all demolition activities will comply with the requirements of the General Commercial zone. 4. The additional conditions of approval relating to demolition of the school buildings will not adversely affect the General Plan. Demolition of the school buildings was anticipated in the original project approval and is considered consistent with the Land Use Element designation of CG-F1 (General Commercial with a floor area ratio of 0.35) on the subject property. In addition, it is consistent with the goals and policies of the General Plan described in Section 5.0 of the project Environmental Impact Report No. 97-1. PL99-60 Attachment No. 1.1 NEW CONDITIONS OF APPROVAL (#11) — CONDITIONAL USE PERMIT NO. 97-70 RELATING TO DEMOLITION OF CREST VIEW SCHOOL ONLY: 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. 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 declare the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. h. The applicant shall obtain a demolition permit from the City of Huntington Beach. i. 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. PL99-60 Attachment No. 1.2 i Y i art I-�• - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CO IITY CLERK K C April 22, 1999 APR 2 2 1999 DEPARiMEN7OF PLANNING 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. Sincerel , Connie Brockway, CMC City Clerk . CB:cc Enclosure: Findings for Approval Government Code 1094.6 cc: Greg McClelland, Arnel Retail Group City Administrator City Attorney Howard Zelefsky,Planning Director Jane Madera, Associate Planner Scott Hess,Principle Planner David Biggs, Economic Development Director g:/followup\letters\90dayltr (Telephone:714536-5227) § 1094.5 SPECIAI. PROCEEDINGS Part 3 Note 378 ,t.anded for new trial de not,.. 1'n•xrud v. miue,l t-mtu, hnd uu jurixilie inn californin 1'n,mplu}input his. Ai,prnla It,l. 111141 did not ilvit•rndue nwrita. Weatera Air t111;tt) 1_'7 viti.nptr, r.10. r,7 l'.A.341 21). Linrx rut•. v. Nobieski (11)t11) 13 Cnl.ltptr. Trial court'x judguu•ut th•n}ing writ of 711). 1p1 C.A_413110. ntmt,htre to cuutprl diret•tur of ngrieultnre INUL that letter dixcharging xcuior tyl,- to act nxi,le his derision revokiiig petitinn- loss clerk hi office al• vount� clerk stuted er•s lirrnxr us aircraft pilot in hnxinexx of butt oche Wait guilt• of ntixronduct in re- pest cuittrol wits rewrrxed and ensit re- atoving•publir.revurdx trout ilia files and mnndc,l In trial mart w•itit direetioux to ntttlilaring and secreting than on various remand vitse to dirt•ctor fur purpohe of dutea, wherenx iu ltparing before courtly rex-onxidrriue the penalty previously iut- civil a,ervive t:otnmiaalon evidrnee was in- posed, where it was found flint some of troduced only nit to n•Itnt took place oa rho charges against petitioner worn not ant: of the dates• did not require flip dis- xnpported by evidence. Wingfield V. t riot vonrt t.f appeal on ,il.penl from judg- Director of Astriculture (1072) 105 Ual. ment mvttnling xvnior•typi.-t clerk writ of Rpm e19,29 C.A.3d 200. mandate. offer reversing tl:o Judgmeut of L'rocceding toi review of denial by pout_ the superior rnurt, to rbntnntl the mutter mixsioner of rorporntions of permit to to the r,antnixxion for neousidprntion, change voting rights of alta relic)lderx whcrn there wax a similarity of facts our- would he rentnnded to superior court fur rounding ron dx•tr,val of thr , umcnts on all determination whether then: wns sub><ran= o d f the ntett. Pratt v..Los.; tigelpx Coun- tytial evidence to xu t tort c„unnisaiouers- Civil Service. Commissiuu (19G2) 238 fiudings, where court 'improperly deter• I'r3d'3,lOJ C.A��d 11i. § 1094.6. Judicial review; decisions of local ttgericies; petition; filing; tlme; record; decisibh and Marty defined; or- dinance or resolution (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent tYu•reof, may be had pursuant to Section 10945 of this code only if j. the petition for writ i of mandate pursuant- to such section is filed Y.,Rhin the time limits:specified in this section. (b) Any such petition shall be filed net 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 purposes of this section, the decis!C'r! is final on the date it is made. If there is such provision for 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 ectaon on the date that reconsideration is rejected. (c) The c:omplotcr record of the proceedings shall Ix-.prepared by llie Icx:al agency ar Ust•onitltix:;it111, Ixhtrd, o[[ic•cr, or agent which made the decision and shall be fit:livercd to the petitioner within W bays sifter he has filed a written request therefor.* The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the titan- Script of tht_ proceeding, all pleadings, all notices and faders, any proposed decision by a gearing.officer, the final decision, all admitted 674 ATTACHMENT NO. 1 CITY COUNCIL APRIL 5, 1999 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 97-70/ VARIANCE NO. 98-18/ TENTATIVE PARCEL MAP NO. 97-161/ DESIGN REVIEW BOARD NO. 97-8 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 97-70: 1. 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 'Aith 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 environmental 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. (98SR3 I j4)—4/5/99 AttachrQent No. 1.1 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 with a floor area ratio of 0.35) on the subject property. In addition, it is consistent with 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 staff s recommendation to relocate the truck loading/unloading dock,the variance is still necessary but the associated impacts of the project are substantially reduced. J 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 loading/unloading docks along Talbert Avenue. The proposed driveway 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 with 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. (98SRS tj4)—4/5/99 Attachment No. 1.2 FINDINGS FOR APPROVAL -TENTATIVE PARCEL MAP NO. 97-161: 1. Tentative Parcel Map No. 97-161 for subdivision of the subject site into four parcels is consistent with the General Plan Land Use Element designation of CG-F 1 (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 .meets all 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. 97-1*(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)—4/5/99 Attachment No. 1.3 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. (98SR51 ja)—4/5/99 Attachment No. 1.4 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 Zoning Administrator. i. 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) 1. 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 shall 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 all gas meters, -water meters, electrical panels, air conditioning units,mailbox facilities and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive,not interfere with sidewalk areas and comply with required setbacks. 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. (98SR51 ja)—4/5/99 Attachment No. 1.5 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 Planning 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). (93SR51 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 docks. 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 operation of the project may be required if deemed necessary by the Director of Public Works. (PW) (93SR5114)—4/5/99 Attaph-rnent No. 1.7 c. BlockwalUfencing plans shall be submitted to and approved by the Department of Planning. Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners 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«all 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 galls 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 Q10 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 within the parking lot yarning patrons of potential flooding. The covenant shall be reNzewed 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. (]?NV) 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) (98SR51 j4)—4/5/99 Attachment No. 1.8 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 BMPs. The SWPPP 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. (P`V) g. No electric vaults, service pestals, or electrical boxes shall be permitted within the ponding area or in drainage swales. (PV ) 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. j. 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: (98SR51 j})—4/5/99 Attachment No. 1.9 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 Carrotwood 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#14.52 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. (PW) e. An erosion control plan shall be submitted to the Department of Public Works. (PW) 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. (P`V) 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 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) (98SR51 j,4)—4/5/99 Attachment No. 1.10 I i. 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 project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 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,cooling., . 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 AtrachmentNo. 1.11 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 be required 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. 6. 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. (98SR51 j4)—4/5/99 Attachment No. 1.12 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. Backflow protection is required and shall be installed per the Huntington teach 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. (PV ) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) (98SR51 j4)—4/5/99 Attachment No. 1.13 4) A fire alarm system will be installed to comply with 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) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low 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. (FD) 9) Submit to the Fire Department for approval of a Fire Protection Plan containing requirements 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 with Fire Department regulations and Uniform Building Code Standards. (FD) 12)Comply with Fire Code requirements for opticom signal, if deemed necessary by the City of Huntington Beach Fire Chief.(FD) 13)Standpipes with fire 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. -1.14 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 br 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 comer of the subject property to the southwesterly comer 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 TalbertAvenue) 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. (98SR51 j4)—4/5199 Attachmeat No. 1.15 i 7. The use shall comply with the following: a. All deliveries to the site-shall occur between 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% of 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) i. 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) (98SR51 j4)—4/5/99 Attachmept No. 1.16 t 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 raterials 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 (R VTP) 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. (98SR51 j4)—4/5/99 Attachment No. 1117 t. The installation of any underground storage tanks by the project applicant and/or owner, tenants, and third-party vendors will conform with 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 stud•, 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 Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the BBZSO. 10. This 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 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 REOUIREMI MNTS: THESE CODE REQUIREMENTS 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. 1.18 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 revoke 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 build ing.permits. (PNV) 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-way. (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)—4/5/99 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 with the Mitigation Monitoring Program. CONDITIONS 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. (PW) (98SR51 j4)—4/5/99 Attachment No. 1.20 r r INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE PARCEL MAP NO. 97-161: 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. (PV ) 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. (98SR51 j4)—4/5/99 Attachment No. 121 r f 1 AlITIGATION MO\TTORING PROGRAM State Clearinghouse No. 97081046 CREST VIEW SCHOOL SITE MITIGATION MO\TTORIIYG AND 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 oreporftg 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 C. noted. 2� Page 10 MITIGATION MEASURE TIME OF MONITOR VERIFICATION OF DATE OF COMPLIANCE COMPLIANCE COMPLIANCE Trans ortatlon/Curculation 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 7`he applicant shall install a protected 10-turn signal at the Prior to issuance of City Engineer Newland Street/Talbert Avenue Intersection. Certificate of Occupancy T 3 The applicant shall contribute a fair share payment to the Prior to Issuance of City Engineer City of Fountain Valley to nitigate the deficiency described Certificate of Occupancy at the intersection of Talbert Avenue and Bushard Street based on the vehicle trips added to.the Intersection as predicted In the traffic Impact 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 traffic Impact assessment. Noise N-1 Store deliveries shall be limited to between the hours of Post-Construction. Planning Department 7:OOA.M. and 10:00 P.M. Ongoing 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 noise generated by on-site activities, Including truck deliveries and loading dock operations. The study shall determine the precise height of a noise wall system required along the cast and south property boundaries to•successfully shield adjacent residential uses. (Based on the noise analysis conducted for this EIR, an approximate 12-foot high wall will be required along the entire cast property and it portion of ilia south boundary, and an approximate ten-foot high wall will be' required along the balance of the south property boundary). This study shall be reviewed and approved by the City's Community Development Department prior to the Issuance of grading permits. N-3 Prior to lice Issuance of occupancy jxmnits, an appropriate Prior to issuance of Building Department noise wall•system (pursuant to Mitigation Measure N-2) Certificate of Occupancy Planning Department shall be constructed to the satisfaction of the City Engineer permits M1T1GATION MEASURE TIME OF MONITOR VERIFICATION OF DATE OF �! COMPLIANCE COMPLIANCE COMPLIANCE Recreation R•1 Construction of access to Lambert Park from Newland Prior to issuance of Public Works Q. 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 requirements of the Americans with Disabilities Act. Department R-2 A Phase I archaeological study,' including a literature 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 access Improvements. In the event that constraints are identified, an archaeological monitor shall 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 issuance 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: Phase 1—Upon development of the Crest View School site, Prior to Issuance of Community Services facilities at Lake View School should be improved to building permits at Crest Department accommodate ' the youth soccer and youth •soh"ball activities View. Planning Department - previously accommodated at Crest View. Thjs will require the relocation of two softball.backstops and the installation of one soccer field at Lake View. Phase 2 — Upon development of the Rancho View School Prior to Issuance of Community Services site, the Lake View School. site. facilities should be building permits at Department reconfigured to accommodate two skinned infield baseball Rancho View. Planning Department diamonds (for the OV Little League). The softball and. } soccer held nt Lake View School will Men need to he relocated in the Park View SchnolLMurdy Park site. l-^,, fnge 9.orb Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk ` — - RO. Box 190 Huntington Beach, CA 92648Al '-�., �• _,` i�•,�; � ._. ' ••"_,- ..._ . . fot' mist ..F° 6ihcY . ING y. P d� x . 3.4 5. ��►�NSTpQ' ntain Z F�ppNTV LEGAL NOTICE - PUBLIC HFARIISIG ii,Iiil�:,,,�lil,i�:li�„i+!„li,,:,,l�il PROOF OF PUBLICATION STATE OF CALIFORNIA) - ) SS. County of Orange ) am a Citizen of the United States and a NOTICE OF ;s covered.b V,Enyironnien' PUBLIC HEARING-'_ �taLlmpart-ReportiNp V'14 resident of the Countyaforesaid; ! am BEFORE THE CITY certified and approvedx`b,` COUNCIL OF THEt. the;City Cou it3of the City' over the age of eighteen years, and not a - CITy;OF of 'Hunungfdri�*ABeach: one HUNTINGTON.BEACH December41.998 party to or interested In the below ; :NOTICE IS•'HEREBY SON FILE�A ioo of theme entitled matter. I am a principal clerk of GIVEN that on Monda`y1 si hp ed requestAis'fon file September 20; 1999,arat m,thePlanningUepart the HUNTINGTON BEACH INDEPENDENT a �CharfiMinlhe:CdyCouncil merit `200-Pq aq ,�paifet Chambers 200G Maih Huntington Beach,Califor, / Street Huntington Beach s qip 92648For inspecUonlbyk newspaper of general circulation printed the City Council will hold;a the public+ Avcci ofa the b / p I public hearing;on the fol staff report will•betavvadable9 and published In the City of Huntington Llowinggitem rttointerestedrpartiesatrCityr CONDITIONAL,USE PER Hall orrthblWam CN.LIM 1 MIT NO 97 70 FOR a brary (7111 Talbert'�Ave+ Beach, County of Orange, State of CREST VIEWuSCHOOL nue)"-aftter Se0te6 gr1l x. (Wal-Mart) ;Request .To 1999 k :F. California and that attached Notice Is a potential coridi ALL INTERESTED PER y discuss V, i r: true and complete copy as was printed lions of approval relatmgao, SONS are invited - prps - a demolition permit for the said=-hearing and expresat Crest View School site as opinions a or�:submit evix and published In the Huntington Beach I art of Conditional Use gamstTtheap: p dencefor�orahcation as outlined abover Permit No 97-70 Variance P ou chalten e�the'Cit 1 and Fountain Valley Issues of said No: 9818; Tentative , Y 9 E Parcel Map No 97 161 Council s acfion�mcourt . I and'Design'Review Board ,you=may be'limded to gals newspaper to wit the issues) of: iNo.978 TheCdyCouocil' ingq KAthose+issueslyou> will;not discuss the bq[its. or someone elsez'raisedkati of"the previously appro5ed, (the public%•heanrig�rde Wal=Mart project and-will .'scribed m this'notice�oY in» `not.alter the;previous,ap":Written, correspondence I`proval action one the ! 'delivered toJKe City at-tor;" (project Discussion will lie 'Prior to tfie public hearing.' limited to demohtion ofifie If there are_any.furlo!u September 9, 1999 school site only:However -questions=please,•call -the- September be'noted:;thai.at :Plannmq Department at (the I lohe apphcantLpre"s=� 596-5271•and refer,to'-the r ents all of the-required in above item: .Direct-your �format&116=obtain a,dem- 'Written communications to the City option permit, the City will y Clerk rbe obligated,to�ssue,the Connie Brockway demolition permit There fCity Clerk ` + declare, under penalty of perjury, thatIJ fore,-rt is possible„thaf 'a- the 6- - I-demohtio�pennttPmay'tbe [ *A20dq Wiri Streett the foregoing is true and correct. issued asNamirnsterial' 2nd$Flools ' �tion--prior towthis-`pubIic Huntington Bea,; hearing -ovation 180524 . Calitornia 92648°t . Lisa '-Laney (Crest 'View r h'`-;(7s14 k 36 5227 School She bcated�on-3ttie r kPublished HuntmgtoniFJ Executed on r� south sidejofitTafbert Aye, ;Beach Fountain Valley September 9 , 1 9 7�--- nue appproximateIV!3001feet� Independent+-., aFtt€t at Costa Mesa California. east of,Beaeh,'Bouleyard) September9 19909238 / Plahrier`Assigned_;Jane - - James r :.4 _R NOTICE- IS r.-HER_EB_Y. GIVEN that the above;tern" Signature /� ckway, City Clerk — S T i6tington'Beach J the City Clerk 9/-zQ/cj ci Box 190 Beach, CA 92648 - / .� 157-394-01 J. Ri d W i l l`x�¢m5, Sunbeam Circ9 O N6Tpy Huntington Beach �664( t LEGAL NOTICE. ..PYgUQiLA., .ING II,I,,,,►,I.II,,,I„II„I,II„,,,,III,I„II,,,I,I„II,,,,,I,II mtington Beach - the City Clerk d Box 190 Beach, CA 92648 Qo C- -51 V i x.x� o J� �✓ 157-392-38 E /jj 3Jrs MG Etta M er �y Tpy 839 weetwater Cir """fo ��,y tington Beach 92646 _ s LEGAL NOTICE. pv I E;ARING �� C luntington Beach :)f the City Clerk D. Box 190 i Beach, CA 92648 l U ►'�►�-2� / ` � is�' sus, . Loc �r t I NGTpy 21 Ma LOON ro44 B�, - Hun ' gton-Bea 92646 Ix lots ,Xrr - LEGAL NOTICE -.���L�C CIF NG-- II,I,,,,I,I,II,,,I„II„I,II,,,,,,►I►,I„II,,,I,I„I►,,,,,►,►I kway, City Clerk J - iti.ngton Beach the City Clerk -1/_-�O / / 6- Box 190 c t� leach, CA 92648 W/�L M A KV_T- r, ��n. 1 �C7 7 34¢ r\ ' Ka S. s. 83 8 Gold VGTpy \Q �`� Hu �rt Cir gton each 92646 s �►. 0� RETURN i (UF ii f.►¢ _ HSENDER LEGAL NCE'--R C G,�_._;_„__.__.-.. _� �'a a Zo illlllllillllll�llllilililll...11lllllliillllllllilllil)I�I111 �;MWay, %aIIy ]/ICI I. ntington Beach J the City Clerk Box 190 (: /a O/q 3each, CA 92648 y0 157- 25-07 `�� Q l�o� Gary L Hew' t t 1ST AGTpy 8321 Ki Ave Hunt ' to Beach q24 ^RETURN TO cZFH Tr LEGAL NOTICE -.P_.l B C NG i `'Ir' :, �= ru�o. IIIIII III IIIII fill IIIilfill]illiillllllllllilll�llllllllli]II1 mnngion tseacn -f the City Clerk J -3 �. Box 190 Beach, CA 92648 l y� 9 -2 5 e & Betsy Pierce i INGTpj, 81 Ave �Ilbf,.,o d� Hu i S Beach 92646 n r_ 1 ,,.*9 ``�o . TO �C�ID�RI= ►;? ;ftFR r -- - - - -- �p _ - , >rTr LEGAL NOTICE - . ' f��Hyyyy`l]�( [ lL1I1`?FK11 NG< IIIIIII IIIIIIIIIIII II111IIII III III III1IIIIIIIIIIII ]111111 t1) r ,ckway, City Clerk intington'Beach f the City Clerk _ �. Box 190 V I 1 Beach, CA 92648 \J ti 157-3 -1f9� IMGTO Luci e I C��x yd 829 Kiner H tington Be h��,P2646 1TY ca LEGAL NOTICE - PUBLIC HEARING s S+ + :_ ;kway, City Clerk ntington Beach the City Clerk Box 190 LG l L,'jA'Z ftY ( 3each, CA 92648 157-39�� Bernard zpatrick 8435 etC r ; NGTO Hu ington cA 9264(LEGAL NOTICE - PUBLIC HEARING ____ . .. ��&��._•���a•n�:: I1,1,,,,t,t,I1,,,t„1{„f�ti,,,,,,t11,1„I1,�,1,i,J1,,,,,l,tl the City Clerk �} 1 �6 l -- J — 3 Box 190 3each, CA 92648 �� V �— /W/�} L. -Yl) RECEIVED l©y SEP 14 W9 esident 18141 Bea YGT --Huntirigtori--Beach 92648 Oyu JONES-CAHL&ASSOC. 9 _ e LEGAL NOTICE - PUBLIC HEARING SS64& c,vZo :kway, City Clerk itington l3each - the City Clerk Box 190 1 a 3each, CA 92648 - �''��, '0 ��A -16 7/ P li Y Waugh NGTpy® 807 i er Ave P044 Hunti on Beach 92646 ii� Tl1Rt� 1"�//--�" —� R ;nTUR;,r�- ( C (i�`�V� Tr .1 1 ca - L AL1IOTIM,-=-:PUBLIC=H RING_ „i,11,,,!„ill fi„11,,,111,,11,,,,,1,1i he City Clerk — °-- 3ox 190 each, CA 92648 U John bin Feeney 8402 Ave GTpj, H tingt each 92646 L r1 DE064-RIOT PUBLIC HEARING _ L1: _;1i'f , ���4�'_ kf,�a _: li,i,,,,1,1,II,,,I,fill III 11,,,tt,111,1t,11n,1,1„11,,,,,1111 ;kway, City Clerk ntington Beach _the City Clerk / Box190 �t -zO - 3each, CA 92648 I� . 2- 6 4q NG h R a 'ano ro Tpy id .,, 815 K ,a ` e� ntingt �� 4 ._92646 ETURN ,d D E P, 1A r)Rt LEGAL'NOTICE UPUBLiC HEA NG is - r`vvay, kiiy t.�ierK — ntington'Beach the City'Cierk f a p Box 190 6. 3each, CA 92648 C i v tvv /wq C7 157-392-OB9�0 l(/ Charles y 84 pring Ave GT��'� untington Beach 92646 R --- • 1-1C �r �M 1EGAFNQ CE - PUBLIC HEARING S--V44 -•'j�i•�=�s'_ ,way, City Clerk tington Beach ie City Clerk c� / 2 0 J q - 3ox 190 , each, CA 92648 V 1��/ x• 11 `� �-)A-1 a I cam; Ms. Kar LaP( 111 S efling 0 gton Beach, C" 1GTpy�� Q , ca` LEGAL NOTICE- PUBLIC HEARING _ II,I"Id,I,II,,,I„II till)fill the City Clerk O Box 190 ( _ leach, CA 92648 157-393 5 �c9 0Vmqe i GTOy Rona J. Phil 18 1 Gum Tree2/ untington Beach CA 'J4� f'ET h lost- TO LEGAL NOTICE - PUBLIC HEARING ' L � .��nnt•w•�•���i�:';• •.:.i'; lI,I„t,l,l,ll,��lull,�ln„Ill t-�--ll--�-�j fll �--ij --LL f{ -I-I I Kway, Uty Clerk — itington Beach c- q the City Clerk 9 /2 ` Box 190 3each, CA 92648 1 0 " I' `' 2 -18 1940 y �fi a A Rademaker 'YGTp�Yd 82 e Conte Dr °° F Hu i on Beach 92646 .e+ItE T URh {: IfOf.►9 �`to '�•.� f s ? f n i t wit- �a Tn/-1 !;r r,101 E R rr LEGAL NOTICE - PUBLIC HE•ATIN ' :kway, City Clerk S ntington Beach the City Clerk Box 190 3each, CA 92648 v vq � l W -//�,�1 W54— )De . o ^��> 333 MGTp 1 ` Iv' c arieb.,. � Ple Ve Cir s b on Be� CA 92646 c LEGAL NOTICE- PUBLIC HEARING;`0! j � ` 6.fi:+�7rus:-; ti,l,,,,I,l,li,,,t„11„1�III,,,,JIIAll11 ,1,1„I1,,,I,ll11 .nvvay, vnY vwe n v - - -itington Beach /ao )� . . the City Clerk 1 / Box 190 3each, CA 92648 )�es o Froelich Gulf I;n �ngton Beach 92646 YGg, 7i0 j.. RE T : . RE T R-1 . cam- �; LEGAL NOTIC i`PUBLI vHEAfQ _ .: r._. ti,i,,,,i,i,ti,,,t„tl,.i....tu i ► .!i -t.t1. �tt_L_j1 __t.� tt -y_1_a May, Cify Clerk tington leach = ie City Clerk - - Sox 190 each, CA 92648 :E.x. �r11! #�s�=.1• `1`. C�.ST- V lrz� / NA Tero%k,Ta °2 4 Wes.` Or C Resident ?' 8 Sp urst Ave �• 'r Huntingt�2 teach 92646 IG _ y y LEGAL NOTICE - PUBLIC HEARING - -y 16a6 cv't0 ckway, City Clerk mtington Beach the City Clerk - Box 190 Beach, CA 92648 _ C REST V 16-ow W&L-M 14r2� INGTpy 165-181-34 B�. Daniel & Patrice Levin 17752 Beach Blvd 105 Huntington Beach 92647 LEGAL �OTICE-.RQ C b �•.;:���,�;1_ �_ -•�r,�� ' NG u,un,ywn oedcn +f the City Clerk ). Box 190 Beach, CA 92648 159-27I�7a joy 22'- Tatarian, Sarkis 10cp i 1 NGTpj,� 18121 Beach Blvd Huntington Beach CA 92648 ;Y 1 EnA1 AIf1T1017" 111ini 1n u&4 ''110 n�im.. i ;kway, City Clerk itington-Beach �� the City Clerk Box 190 Q 3each, CA 92648 �o�6/� ( _ - ;. . C° � U IAwftL=m ftfa i 157-392-43 Townhomes Homeowners Ass P.O. Box 16T4 V6TQ,l, Santa Ana CA .92702 _ y y �a` LEGAL -aU 1 is .T8�42� ft nngion eseacn f) '� _ -ie City Clerk .J 3 Sox 190 each, CA 92648 - CK i V t', 4w�t M 1}pa 157-392-42 354 Springhurst Townhomes H GTQ,y PO Box 1674 •.�° ��9 Santa Ana CA 92702 .01 LEGAL:NOTICE:- PUBLIC HE9fiM AUT6=-947W-P '- - - - Xway, Uly l.iferfc - itington Beach - the City Clerk 9��O /C) Box 190 A , 3each, CA 92648 1=..��� 1 y �E4 w)q'L. `rn j x Y. D —3 (1 � V r 0 B nt Resident H6TQ �i f Ln IuntiO� Beach 92646 �. % LEGAL NOTICE - PUBLIC HEARING '9G wsm vay, City Clerk ngton Beach �JJ a City Clerk ox 190 /��C� ach, CA 92648 - - 0-1S7 V I �j fi✓ -V 1'�> f21 :.:$. �/11 � =: -1:_�;�. 159-271-67 102 Bank, Pacific Inland Tr Tony H.Luis Trust PO box 3289 Costa Mesa, CA 92628 S E,t 1�jf�J�'gE!/•�lF7Lrr= yR!I4I N j '�`��. ""''• � ( I;- .J1�s�,.�'46�j�} EAI ING 111111„111III till lll,f,i41,1„I1till 11 lilt III,11111 :kway, City Clerk — 3 itington Beach the City Clerk Box 190 c ✓�,� _: Seach, CA 92648 157-381-13 e2G Douglas R Circle 4701 E El Rito Dr iGTpy Orange CA 92867 y CIRC701 928674023 1598 16 09/14/99 FORWARD TIME EXP RTN TO SEND CIRCLE Z VILLA PARKDCA CIR 42861-gaO2 f Y - LEGAL NOTICE - PUBLI I N� v till,l,1111,11,111,1111 lilt till eacn, UA 92648 1v _ "• `1 1 l Fl Jack & Jeanette Haley/05 s�to90 Or Current Resident /06 L,9 ti F9 18121 Beach Blvd y07 Huntington Beach 92648 44, CEEST- r �a` LEGAL NOTICE - PUBLIC HEARING (way, City Clerk tington Beach 0 - 3 = : he City Clerk Box 190 each, CA 92648 �/a �/ / 9 x:.x. �:•11;: ' tea -1-Sill Huntington Associates Or Current Resident 17822 Beach Blvd YGTpy Huntington Beach 92647 044r44, BF V TrcaLEGAL NOTICE - PUj��I HEAR ......III�1��11�,�f�is�li>>s��f�ll i� Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 6� Huntington Beach, CA 92648 �9 2 o n 24 c3g'f ( YEea G M aY ott INGTp�, //� JV 839 G port Cir 9 V H tingt n Beach 92646 f• . pUlYTY�-, a — LEGAL NOTICE — PUBLIC HEARING ,. :.,�.__. . .,--- � '� =i•w��r���:: ll,f,,,,l,l,ll,„1„II„I,,,,II1 },f„fI„f,Il,„,„ffl,l„ii,,,f,l„li,,,f,f,... uolinie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 157-392.46 Deb , Marie �pNTINGTpy /y� 121 Maple Groove ,.�.ro.4,,o`d�9y26QHuntington Beach Ca 92646 Cam. It ISO �� T(l �::}}URI'" r . , Cy� iin .. — LEGAL NOTICE —.PU LI'G{HEMIN � Real Estatc and Engineering-West SE Street Wal-Mart Stores, Inc. Bentonville,0AR727112 6 89 On Line: www.wal-mart.00in Michael Gardner,Real Estate Mgr. David Gilmore,Engineering Mgr. Sue Robinson,Ant.501-2734727 RE Phone:501-273-4713 Engineering Phone: 501-273-34627 FAX: 501-273-9380 E-Mail: me ardn wal-mart.com E-Mail:dw lmo al-mart.wm E-Mail: sarobin@al-martcoin September 20, 1999 T Mr.David Biggs Director of Economic Development -r' --.i City of Huntington Beach rn ci C-,`? -� "— j Huntington Beach,California 92648 __{ 4� j Cr v Mr.Biggs. rat ;.Ma..,, /1 This letter shall serve to memorialize the commitment I made at the City Council meeting of'Stpteifiber 7s'. Wal-Mart Stores, Inc. is willing to commit that we will pull no building permit and will q no construction or demolition on the Crestview School site prior to an election on the initiative petl"-'tion. I Wal-Mart would want to continue to work with your staff to ensure that we have satisfied all the conditions of the Council's approval with the intent that we would pull our building permit once the results of the election are known. Understand this commitment varies slightly from that which I made at your Council meeting_ We are now willing to also commit to wait until a vote of the people takes place regardless of the resolution of the pending challenge to the initiative by Arnel Development. If you have any questions,please feel free to contact me. Respectfully, WAL-MART 5 RES C. Michael E. Gardner Real Estate Manager CC: Thomas F.Love,Arne]Development Joe Meyer,Pacific Retail Partners Cynthia Lin,WaI-Mart F-.TUBLIC\KMARDNUETTERSqMCommnmm,w not Veda SEP-20-1999 15:14 96% P.02 CUP 97-70 CREST VIEW / WAL-MART DEMOLITION PERMIT SEPTEMBER 20, 1999 CUP 97-70 - Approved by City Council on April 5, 1999: • 130,342 sq. ft. Wal-Mart • 8,138 sq. ft. Garden Center • 3 Other Retail / Restaurant Pads z 1 Conditions of Approval • Division of State Architect jurisdiction over school buildings • City jurisdiction over demolition • August 30, 1999 - City Council scheduled a public hearing to consider adding conditions 3 South Coast Air Quality Management District (SCAQMD) • Responsible agency for asbestos removal and disposal • Survey required • 1 st notification - 14 days prior to asbestos removal • Location • Amount • Procedure • Exact dates • Disposal site • Certified, licensed contractor 4 2 South Coast Air Quality Management District (SCAQMD) (font'd.) • Inspections at random unless large project or complaints • 2nd notification - 14 days prior to demolition • Present completed SCAQIVM notification to City prior to demolition permit 5 Recommendation • Recommend new Condition of Approval No. 11; Prior to issuance of a demolition permit • Follow all procedural requirements of SCAQMD, local, state and federal regulations • Complete survey as required by SCAQMD • Complete all notification requirements of SCAQMD • City shall receive written verification of completed notification • All asbestos removed from all buildings prior to demolition of any building 6 3 Recommendation (Cont'd.) • Truck hauling and routing plan • Disclose method of demolition • All other conditions remain in effect Summary • Conditions solidify applicant's responsibility • Hazardous material removal remains purview and expertise of responsible agency • Ensures all hazardous materials removed prior to any demolition 8 4 END OF PRESENTATION 9 5 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk i P.O. Box 190 Huntington Beach CA 92648 - • a x x. v Mr. Joe Konars 30 Corinthian Walk Long Beach, CA 90803 TINGT V 4A tKONA030* 900033014 1590 11 09/16/99 — -- FORWARD TIME EXP RTN TO SEND O — KONARS Z 2721 HIDDEN HILLS WAY yCF F�+L,fos.� ♦ �GGNTY ca` LEGAL NOTICE - PUBLIC HEARING Connie Brockway, City Clerk u� City of Huntington Beach -- Office-of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 School Ocean View Dist Or Current Resident INGTOy 18052 Lisa Ln *e- Huntington Beach 92646 � s i' ��ouNTY ca LEGAL NOTICE - PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Bc)( 190 Huntington Beach, CA 92648 /V1 157-352BYOU ING Paul J ckner 4P 217 S V et Ln Orange CA 92869 C-j C=1 LEGAL NOTICE- PUBLIC HEARING Ta Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 157-392-32 34q Anne Ladon 8412 Goldsport Cir ING Fountain Valley C 92708 C.2 co Igo LEGAL NOTICE :. PUBLIC HEa.VQ Connie Brockway, City Clerk City of Huntington Beach Office of,the City Clerk P.O. Box 190 • ,, Huntington Beach, CA 92648 y y - , 157- 3-1�09�t� 373 J n St Den ► �VaTING TOy 401 Sunbeam Ci o`� F Huntington Beac 646 s �ouNrr �a` LEGAL NOTICE -PUBLIC HEARING ` :' a 1,1„11„1,11,fit,,111,1„11,,,11 i„11,,,111) 1 Cor Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 . .• i 1yq V �: - 1.J1'i.. AP# 165-181-24 1 OCCUPANT 17931 Bell Circle, Unit D 1NGTDy� Huntington Beach, CA 92647 � s 9 LEGAL NOTICE - PUBLIC HEARING 3 ~ Ar�'t r"� 92.667 1�El SSStI{1!I�S!i�tttl!IlSl litifii il�illtll iti�4�[}fllftil�i�l ' i Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach, CA 92648 L, RURAL RO .x x 9!11/99 454-1.i Q ACJ1AIEMN I 4 NMU H K�g OR FFIRW CR�ADD , 157-394-20 yAC ARD#VGGRDRES►S David E. Albert ��NSINGTpy AM ERRED 3985 Silver Clipper Lane O� ro•,, 6F Lake Havasu City AZ 86406 � s C�•COUN...y T LEGAL NOTICE - PUBLIC HEAWINC W�-,�.�; ►!,j„ ,l;l;!!;►,l;;1l;;1;!l;;;;;;ll1;If;tt,;;1;1;;11;;;;;1;11 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 9r'11!99 V.54.-1.11:1 i Or Current Resident!-11. TINGT 17931 Bell Cir �VN Oy Huntington Beach 92647 � s oix nol- _ z Hrr �a` .. LEGAL NOTICE - PUBLIC HEARING.:ekS2M%'br3 �,���o IIIII,;;I,l;li;,;I;,iI;;Isli;;,,;;111111;11;3;111,;91;;I;;l;H NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, September 20, 1999, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: ❑ CONDITIONAL USE PERMIT NO. 97-70 FOR CREST VIEW SCHOOL (Wal-Mart) Request: To discuss potential conditions of approval relating to a demolition permit for the Crest View School site as part of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative Parcel Map No. 97-161, and Design Review Board No. 97-8. The City Council will not discuss the merits of the previously approved Wal-Mart project and will not alter the previous approval action on the project. Discussion will be limited to demolition of the school site only. However, it should be noted that at the time the applicant presents all of the required information to obtain a demolition permit, the City will be obligated to issue the demolition permit. Therefore, it is possible that a demolition permit may be issued as a ministerial action prior to this public hearing. Location: 18052 Lisa Lane (Crest View School site located on the south side of Talbert Avenue approximately 300 feet east of Beach Boulevard) Planner Assigned: Jane James NOTICE IS HEREBY GIVEN that the above item is covered by Environmental Impact Report No. 97-1 certified and approved by the City Council of the City of Huntington Beach on December 4, 1998. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after September 16, 1999. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (G:\LEGALS\COUNCIL\99\99cc920.doc) . 0 157-384-20 3e24O 157-384-21 3,2-7 157-481-03 -3 Steven Brereton Kenneth E Cheshire Richard Bukowski 213 E 21st St 32422 Nautilus Way 380 Rancho Del Ray Costa Mesa CA 92627 San Juan Capistra 92675 Escondido CA 92025 157-481-04 4 157-48 -0511✓ Jr 157-481-06 Mary T Bottari L an N & Lynn Nguyen June R Pressel 18062 Beach Blvd 101 Bol Ave A204 1393 Scotch Cir Huntington Beach 92648 Westminster CA 92683 Placentia CA 92870 157-481-07 7 157-481-08 8 157-491-01 9 Tien & A Chao School Ocean View Dist Linda C Hulings 18112 Beach Blvd. 17021 Beach Blvd 8011 Sterling Ave Huntington Beach 92648 Huntington Beach 92647 Huntington Beach 92646 157-491-02 l� 1\ey -03'vv !� 157-4 -04 '�✓ 42- Steven M Crouch Bnvardarli Mi hael & Jerry Nelson 8021 Sterling Ave P1 94PO x 7Huntington Beach 92646 Hto Beach 92647 Hunti ton Beach 92648 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92646 Huntington Beach 92646 157-492-05 .26 157-492-06 oZ9 157-492-07 3b Joseph R Catrabone Mary K Stanley Charles A Nemeth 18152 Gleada St 18151 Vallea Cir 18161 Vallea Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 o 157-492-08 `31 1 7-4 -09�✓ `3z 157-492-10 `33 Nick A & Andrea Walker Ant on -M-.Shaff-e Jean S Pinigis 18171 Vallea Cir 2070 Be h Blvd 5��92 18172 Vallea Cir Huntington Beach 92646 Hun i`n on each Huntington Beach 92646 34 35 Vf 157-4 2-11-1f 157-492-12 7-4 -13- ,An ew erriandez ---- James W Wood Creneth Holesing8122 to ling Ave 8132 Sterling Ave Rocish Cir Huntin toBeach 92646 : Huntington Beach 92646 unta V ley C 92708 , — -- - 157-492-14 37 157-492-15 38 157-492-16 3 Howard L Schoonover David M Park Marilyn Tomsick 18171 Pemberco Cir 18175 Pemberco Cir 18172 Pemberco Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-17 40 157-492-18 157-492-19 Marvin J Josephson Avis L Ryan Philip D Nuckles 18162 Pemberco Cir 18152 Pemberco Cir 18151 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-20 �3 —4- �✓ _ ) 157-492-22 45' Elsa I Perez o rt & Judy Cul .� Don J La Penna 18171 Lisa Ln \18 1 T — 18191 Lisa Ln Huntington Beach 92646 Huntin ton each 92646 Huntington Beach 92646 157-492-23 4& 157-492-24 47 157-492-25 40 George M Bello Ann Popek Martha M Herela 18211 Lisa Ln 8181 Kiner Ave 8161 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-26 47 157-492-27 5D 157-492-28 5-1 Anthony R Graziano Russel R Jakob Clifford C Murphy 8151 Kiner Ave 216 Newport Ave 8131 Kiner Ave Huntington Beach 92646 Long Beach CA 90803 Huntington Beach 92646 157-492-29 5-7- 157-492-30 5-3 157-492-31 54 Sue Zawasky Donald R Duncan Judith A Giocondo 8121 Kiner Ave 20952 Morningside Dr 8101 Kiner Ave Huntington Beach 92646 Trabuco Canyon CA 92679 Huntington Beach 9264.6 157-492-32 53 157-493-01 SZ 157-493-02 67 Dennis M Kroll Esmaeil Daghigh Esmaeil Daghigh 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Y Waugh Michael D Buongiorno 8062 Kiner Ave 8072 Kiner Ave 8082 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-18 73 157-493-19 74 157-493-20 75 Dale A Barber Tomas R Mc Natt Elizabeth R Fitzgerald 8102 Kiner Ave 8112 Kiner Ave 8122 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-21 7(v 157-493-22 77 157-493-23 78 Jose L Tapanes Mary R Murphy John P Hodge 8132 Kiner Ave 8142 Kiner Ave 9372 Hazelbrook Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-24 7q 157-493-25 eO 157-493-26 8� Arthur Calvano Craig L & Betsy Pierce Bruce L Atchley 8172 Kiner Ave 8192 Kiner Ave 8202 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-494-01 8.2 157-494-02 83 157-494-03 84- Linda S Moore Paul J & Ellen Kleizo Maria N Toledo-Castillo 18152 Lisa Ln 18172 Lisa Ln 18182 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-494-04 85 157-494-05 84 157-494-06 87 Kevin & Robin O'mahony Beverly Morang Van T Lieu 18202 Lisa Ln 18212 Lisa Ln 15892 Villanova Cir Huntington Beach 92646 Huntington Beach 92646 Westminster CA 92683 157-494-07 88 157-495-01 847 159-031-01 q� Kenneth J Mc Geein Robert M Wagner Howard L Abel 19232 Lisa Ln 3079 Nestall Rd 12740 Poway Rd l� ntington Beach 92646 Laguna Beach CA 92651 Poway CA 92064 LV i Q 159-141- 159-141-66 159-141-83 93 Cla sics P kside Serge S Weibel Kaiser Foundation Healt 1637 Bolsa hica St 231 S Gale Dr 1/2 393 E Walnut St Hu tin ton Beach 92649 Beverly Hills CA 90211 Pasadena CA 91101 159-141-90 �¢ 159-141-95 95 159-271-10 4?& Sea View Village Sohrab Sassounian David L Campbell 16373 Bolsa Chica St 16373 Bolsa Chica St 18172 Sharon Ln Huntington Beach 92649 Huntington Beach 92649 Huntington Beach 92648 159-271-11 177 159-271-12 98 159-271-13 99 James L Johnson Albert L Withers James M Mras 18162 Sharon Ln 18156 Sharon Ln 18146 Sharon Ln Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92648 159-271-14 i0o 159-271-15 fG� 1 9-27 -67 Barbara A Skinner Stanley J & Anna Jay Ba Pa ' fic Inland 7865 Lori Dr 7861 Lori Dr PO 61 01 Huntington Beach 92648 Huntington Beach 92648 Anahei CA '92803 159-271-68 103 159-271-69 l0g 159-271-70 /OS Frank A Richmond Soto Kafetzopoulos Jack & Jeanette Haley 12700 N Saint James Pl 1110 S Coast Hwy 208 16812 Pacific Coast Hwy Hayden Lake ID 83835 Laguna Beach CA 92651 Sunset Beach CA 90742 1 9-2 -71 1060 - 71-72 /07 165-181-19 I0$ Ja & eanette Haley ' gvre- ck & Jeanette Haley Ruby R Scott 1681 Pa ' fic Coast Hwy 16 2 Pa ific Coast Hwy 520 Broadway 100 Sunset ea h CA 90742 Suns Beach CA 90742 Santa Monica CA 90401 165-181-21 10g 165-181-22 ��� 165-18 -23 Huntington Beach Congre Bruce E Miller Br e Mi11erV%A-rt ' 7851 Talbert Ave 7871 Talbert Ave 7871 al ert Ave Huntington Beach 92648 Huntington Beach 92648 Huntin t Beach 92648 165-181-24 //2 1 5-1 1-25 113 1 5 81-26 Manuel T Hidalgo Ma el T Hidalgo �,q, nue T Hidalgo 865 S San Marino Ave 865 S Marino Ave 86 S an Marino Ave San Marino CA 91108 San rin CA 91108 San a no CA 91108 165-181.-27 ��S 165 -28 �l 16 -18 29 87 Man 1 Hidalgo ,��' Manu Hidalgo lQ Man 1 Hidalgo 865 S San Marino Ave 865 S an Marino Ave 865 San Marino Ave San Ma 'no CA 91108 San Mar o A 91108 San Ma 'no CA 91108 165-181-30 j� 165 18 -31 ��q 16 -18 -32 Manu T idalgo ��""\ Manu idalgo" Man 1 Hidalgo jN , 865 S an rino Ave 865 S an arino Ave 865 S a Marino Ave San Mari o 91108 San Mar o A 91108 San Ma n CA 91108 165- 81N3- � 165-181-34 165-181 35 ✓lManue al co Daniel & Patrice Levin obert L Taube 865 Srino Ave 17752 Beach Blvd 105 22 Circ Dr San MarA 91108 Huntington Beach 92647 Ne ort Bea h CA 92663 165-181-36 1.1-4 165-181-37 /25, 165-181-38 Leon T Kuczynski Decatur L Dilday Allen E Hom 33 Rollingwood Dr 18612 Quarterhorse Ln 1652 Browning Rolling Hills CA 90274 Huntington Beach 92648 Irvine CA 92606 1651181-39 /,2'7 165-181-40 420 165-302-19 l�9 Artemio R Ramil Donald P Jones Charles S Palmer 22301 Harwich Ln• PO Box 4018 6552 Cory Dr Huntington Beach 92646 Newport Beach CA 92661 Huntington Beach 92647 165-302-20 130 165-302-21 /31 165-302-22 Steven J Mangione Mary E Fox Margaret M Dattels 7912 Ronald Dr 25141 La Cresta Dr 324 N Palm Dr 305 Huntington Beach 92647 Dana Point CA 92629 Beverly Hills CA 90210 167-531-20 133 167-531-21 134- 167-531-22 135 Gustav Kirchweger Mark Cooper Barret S Deck 8412 Jalm Dr 8402 Jalm Dr 8392 Jalm Dr Huntington Beach 92647 Huntington Beach 92647 Huntington Beach 92647 167-531-24 1310 167-601-08 l'37 1 7-60 -12 ipu,��2 • 139 Julien E Lecrivain Roman Catholic Bishop O Ro an C\VAI lic Bishop O 8371 Talbert Ave 2811 E Villa Real Dr 2811 a Real Dr Huntington Beach 92646 Orange CA 92867 Orange92867 167-6 1-13 /3! 167-601-14 140 167-601•-15 pK 141 RQ�man tholic Bishop O Intercommunity H Huntin In t rcot nity Huntin 281 E lla Real Dr PO Box 570 PO B Orang CA 92867 Nashville TN 37202 Nashvi 37202 cuc u,p� . 167- 01-18 ' 167-601-19 �Q,Q l¢3 167-601-20 f� R. man atholic Bishop O man CatholiPBt shop O Huntington Associates 281 E lla Real Dr 281 E illa Real Dr PO Box 570 Orang CA 92867 Oran 92867 Nashville TN 37202 �,�•. Tax .Dep 1' . 167-609-01 /¢S ((,p ^ 3C)Z' 21 Huntington Beach CoDX, PO Box 285 Houston TX 77001 ����� pv0YZA'A YWc vx fir' © C 'Y�j� CA `� *** 145 Printed *** 157-323-01 157-32 02 �l✓ 14-7 157-323-03 140 V-9w,, dVlCL4- - uardo imentel Martin J Hadrian 18132 Hartlund St 18 2 Har and St 18162 Hartlund St Huntington Beach 92646 Huntington each 92646 Huntington Beach 92646 157-323-04 14q 157-323-05 /50 157-323-06 /57 Michael D Canas Jiukichi Furuyama Robert F Cronk 18182 Hartlund St 18192 Hartlund St 18312 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-324-01 57-324-02 A53 157-324-03 Steven P Biedebach Huntington Beac Edward M Miller 18232 Hartlund St Cit a 18242 Hartlund St Huntington Beach 92646 Huntin to h CA 92648 Huntington Beach 92646 157-324-04 165 157-324-05 15 4 157-324-06 l57 Agnes S Chow Ursula T Zimmermann Gregory S Brewsaugh 18252 Hartlund St 18262 Hartlund St 18282 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-324-20 15D 157-324-21 1:5 157-324-22 Gervin I Laity David L Smith William Hencke 18291 Hartlund St 18281 Hartlund St 18282 Springtime Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-324-23 l�P� 157-324-24 11O� 157-325-01 Frank Landri Thomas W Quick Gilbert F Biedebach 18292 Springtime Ln 18302 Springtime Ln 8321 Rolf Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-02 1&4- 157-.325-03 llOs 157-325-04 Nona M Nelles George D De Rego Bruce & _ Sheena Walczyk 8311 Rolf Cir 8305 Rolf Cir l� UyLkx- Huntington Beach 92646 Huntington Beach 92646 �,(,y� �v1�1 1xt-Cl1,(A gz,le* 157-325-05 11e7 157-325-06 1&0 157-325-07 16 Earl W Frye Ophelia F Canas Gary L Hewitt 8312 Rolf Cir 8322 Rolf Cir 8321 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-08 /70 157-325-09 f7/ 157-325-10 7.7- Hue M Than Jacques Cools Adrienne A Bode 8311 Kiner Ave 8291 Kiner Ave 8281 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-11 /73 157-325-12 (74 157-325-13 /75 Prapas Chaichan Althea M Stuart Margaret A Bresnahan 8271 Kiner Ave 18182 Wharton St 18172 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-14 M0 157-325-15 `77 157-325-16 ✓✓ 178 Melvin B Erickson Robert F Cronk An in 0p1atka 18162 Wharton St PO Box 732 18132 -aeon St Huntington Beach 92646 Huntington Beach 92648 Huntington Beach 92646 157-326-01 /7q 157-326-02 IbO 157-326-03 M Gary E Llewellyn Lyle D Moore Nelson Lopez 18151 Wharton St 18161 Wharton St 18181 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-04 /O L 157-326-05 rS3 157-326-06 194 Clarence & Velma Smith Donald L Sneed Robert G Evans 18191 Wharton St. 18201 Wharton St 18221 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-07 !S5 157-326-08 157-326-09 1467 Alicia Smith Robert G Magotch Grover P Thomas 8252 Kiner Ave 9207 E1 Azul Cir 616 Ingalls Ln Huntington Beach 92646 Fountain Valley C 92708 Wilderville OR 97543 157-326-10 �88 157-326-11 �8� 157-326-12 90 Lucille I Menser Takashi T Yamada Billy F Couch 8292 Kiner Ave 8312 Kiner Ave 8322 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-13 191 157-326-14 /9-7, 157-326-15 M 3 Henry Acosta Raymond J Danfield Pravin Mehta 8321 Le Conte Dr 8311 Le Conte Dr 8301 Le Conte Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-16 114- 157-326-17 /95 157-326-18 /94 Philip A Widetick Jack W & Coralee Long Michael A Rademaker 8291 Le Conte Dr 8281 Le Conte Dr 8271 Le Conte Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-19 /97 157-326-20 19S 157-326-21 199 Arthur W & Patsy Maltby Daniel E Marantette Ronald I Sturtevant 8251 Le Conte Dr 8241 Le Conte Dr 8242 Le Conte Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-22 .200 157-326-23 o70/ 157-326-24 Church First United Met Clinton E Silverman Saadullah Yosafi 2721 17th St 8272 Le Conte Dr 8282 Le Conte Dr Huntington Beach 92648 Huntington Beach 92646 Huntington Beach 92646 157-326-25 -2D3 157-326-26 '70q 157-326-27 c;205- Frederick E Verrall Lynn J Heacox Geraldine M Nagle 18291 Springtime Ln 8281 Dancy Cir 8271 Dancy Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-28 2040 157-326-29 c2D7 157-351-01 SOS Bela I Messzik Geoffrey R Smith Curtis D Ruth 6251 Dancy Cir 8241 Dancy Cir 8001 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-351-02 01017 157-351-03 0210 157-351-04 Edward W & Lynn Wilson Robert A Fesmire Robert C Grondahl 8011 Taylor Dr 8021 Taylor Dr 3153 Limerick Ln Huntington Beach 92646 Huntington Beach 92646 Costa Mesa CA 92626 157*-351-05 ' 157-351-06 �''3 157-351-07 °2/4 Edward L Roy Lee J & Traci Ty Florencio Villalobos 8051 Taylor Dr PO Box 264 8071 Taylor Dr Huntington Beach 92646 Coalinga CA 93210 Huntington Beach 92646 157-351-08 a/5 157-351-09 .216- 157-351-10 a/7 Philip L Rodasta Stanley L Hefley Marian B Franks 8091 Taylor Dr 6132 Point Loma Dr 8125 Islandview Cir A Huntington Beach 92646 Huntington Beach 92647 Huntington Beach 92646 157-351-11 1210 157-351-12 02/9 157-351-13 07Z0 Fred P Gonzales Walter J Larson Diane A Esper 8121 Taylor Dr 8141 Taylor Dr 8151 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-351-14 02.2-/ 157-351-15Z" 157-351-163 Karin Pihl Maria T Cerrito Lucille Foster 5322 Trinette Ave 18173 Santa Cecilia 8191 Taylor Dr Garden Grove CA 92845 Fountain Valley _C 92708 Huntington Beach 92646 157-351-i7 a24- 157-352-02 aa57 157-352-03 � W R & Donna Mason Jack C & Jing Hsu Jiin B & Ray-Rong Wang 8201 Taylor Dr 18801 Via San Marco 9121 Atlanta Ave 329 Huntington Beach 92646 Irvine CA 92612 Huntington Beach 92646 157-352-05 SC��CGtN '�7 157-352-06 07�$ 7- 2-07 ✓� a�q Paul J Bruckner Angela R Mc Rae Li da Deckard 217 S Violet Ln 8002 Taylor Dr 596 Clo rland Dr Orange CA 92869 Huntington Beach 92646 Brent ood 37027 157-352-08 . a30 157-352-09 e2-3/ 157-352-10 e? Clifford E Robison Bruce A Greenwood Wayne O Woodroof 16331 Underhill Ln 8042 Taylor Dr 5347 Lone Oak Ln Huntington Beach 92647 Huntington Beach 92646 Loomis CA 95650 157-352-11 .233 157-352-12 a34- 157-352-13J`+ William F Shirley Victor M Espinoza Grace E Wingett 8062 Taylor Dr 8072 Taylor Dr 18271 Thomas Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-352-14 023�0 157-352-15 a 3 7 157-352-20 -.23 8 Seymour Buder Daniel A D'agostino Alvaro A Sifuentes PO Box 92 18301 Thomas Cir 18302 Thomas Cir Seal Beach CA 90740 Huntington Beach 92646 Huntington Beach 92646 157-352-21 239 157-352-22 1740 157-352-23 Stephen P Hurd Erwin A Weaver Fred R Schmuck 18282 Thomas Cir 18272 Thomas Cir 18271 Roberta Cir Huntington Beach 92646 Huntington Beach 92646 . Huntington Beach 92646 157-352-24 `�4a 157- 52-25 a¢3 157-352-30 .-44 Eugene D Micco hamb s Thomas N Trezek 20782 Mataro Ln 1 01 R erta Cir 18302 Roberta Cir Huntington Beach 92646 Hun 'ngto Beach 92646 Huntington Beach 92646 157-352-31 o24q-T 157-352-32 e7*1��0 157-352-33 -24-7 Norman E King Eric Mozell Duane C & Dj Black 18282 Roberta Cir 2414 Voorhees Ave 2 18271 Lisa Ln Huntington Beach 92646 Redondo Beach CA 90278 Huntington Beach 92646 157-352-34 -240 157-352-35 157-353-01 .256 Edward S Bixler Mattew P & Robin Miles Lisa J Robinson 18281 Lisa Ln 18301 Lisa Ln 18242 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 1 -353 02 �Vhran ash 157-353-03 ��� 157-353-04 aS3 Jam E c Florentino I Magdaleno Mathias M Keller 18252 Lisa n 18262 Lisa Ln 18272 Lisa Ln Huntin on Bech 92646 Huntington Beach 92646 Huntington Beach 92646 157-353-05 254 157-353-06 025557 157-11kI-01 4✓ 4=17S( Joel E Moore Gary M & Shannon Smith iane Turko 18282 Lisa Ln 2 Canal Cir P Box 9 Huntington Beach 92646 Newport Beach CA 92663 Alza MT 59311 157-381-02 e25.7 157-381-03 075- 8 157-381-04 .259 Irene R Bailey Dale E Hoover Tri-Palms Financial Inc 8252 Talbert Ave 8262 Talbert Ave 4550 W Oakey Blvd 111w Huntington Beach 92646 Huntington Beach 92646 Las Vegas NV 89102 157-381-05 e2&O 157-381-06 -2&1 157-381-07 e74,.2 Kevin C Tran Frank & Carole Ruiz Juan Gonzalez 8282 Talbert Ave 32088 Via Seron 8312 Talbert Ave Huntington Beach 92646 Temecula CA 92592 Huntington Beach 92646 157-381-08 o2&3 157-381-09 0244 157-381-10 ✓v*' c26'5 Hoang N & Thu Tran Hsiu C Hsu Do 1 W Turner 8322 Talbert Ave 6 Santa Luzia Aisle 8311 G dys Ave Huntington Beach 92646 Irvine CA 92606 Hunti t n Beach 92646 157-381-11 02�� 157-381-12 aG7 157-381-13 �G8 Neal B Voorhees Benjamin Montoya Douglas R Circle PO Box 2142 8281 Gladys Ave 4701 E El Rito Dr Westminster CA 92684 Huntington Beach 92646 Orange CA 92867 157-381-14 oZ�Og 157-381-15 1:2'70 157-381-16 c. Deene T Brandt Mark T Wilson Paul R Cloutier 8251 Gladys Ave 8241 Gladys Ave 18061 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 1 7-381- 7 ✓✓ a7�- 157-381-18 -273 157-381-19 a7T Pau R Clo tier Lawrence J Sallmann Sandra Harmon 18061 hart St 18091 Wharton St 18101 Wharton St Hunting on Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-381-20 276 157-381-21 a74P 157-381-22 '�77 Murari Gupta Ching S & Ru Chang Wilmer R Henritzy 18201 E Evergreen Cir 9069 Mcbride River Ave 8241 Sterling Ave Villa Park CA 92861 Fountain Valley C 92708 Huntington Beach 92646 157-382-01 *278 157-382-02 a79 157-382-03 2$O Jean T Sleeper Ronald J Foreman Albert R Rodriguez 18122 Wharton St 18112 Wharton St 18102 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-382-04 15 -382-05 V`' c2 157-382-06 .283 Michael J Leahy Glo 'a T llino William J Steiner 18092 Wharton St 3552 nevi ve St 8282 Gladys Ave Huntington Beach 92646 San Ber rdino CA 92405 Huntington Beach 92646 157-382-07 01e4 157-382-08 a85 157-382-09 a8G Stuart Gaston James P Marsh Thomas E Nelson 8282 Drybank Dr 8312 Gladys Ave 8322 Gladys Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-382-10 0?87 157-382-11 �88 157-382-12 '289 Stephen A Locks Osman & Hesna Taban John I Bower 2324 N Heather Ave 8311 Magic Cir 8305 Magic Cir Long Beach CA 90815 Huntington Beach 92646 Huntington Beach 92646 157-382-13 dCIO 157-382-14 0�9l 157-382-15 Leon Solomon Than Nguyen Stuart T Uyetake 2306 Magic Cir 8312 Magic Cir 2345 Kaola Way Huntington Beach 92646 Huntington Beach 92646 Honolulu HI 96813 157-383-01 o293 157-383-02 o2q4 157-383-03 -295' John Meijer H Le Hoang Robert F Renfrow 18122 Hartlund St 18112 Hartlund St 18102 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-04 C2% 157-383-05 c2 77 157-383-06 Ivan K Burleigh Rex E Mapes Armand Alvillar 18092 Hartlund St 18072 Hartlund St 18062 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-07 a�9q 157-383-08 300 157-383-09 301 Hsueh F & Young Hsu Anthony N Gomez Lorraine N Ermel 16843 Valley Blvd F 18032 Hartlund St 18022 Hartlund St Fontana CA 92335 Huntington Beach 92646 . Huntington Beach 92646 157-383-10 30e2 157-383-11 303 157-383-12 304 Qui N Nguyen Janice A Hale Ronald L Courreges 18002 Hartlund St 18001 Gulf Ln 18011 Gulf Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-13 305 157-383-14 30� 157-383-15 307 William L Niendorf Ceres P Froelich John A & Nina Hendricks 18021 Gulf Ln 18031 Gulf Ln 18041 Gulf Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-16 308 157-383-17 309 157-383-18 Patr4-'..- Patterson David L Williams Karl R Uhlig 1806- Ln 18071 Gulf Ln 8442 Tradewind Cir Hunt-; : Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-19 3jI 157-383-20 3la- 157-384-01 3 3 Alvin W Evert Ben T Chen Trung K Nguyen 18091 Gulf Ln 23735 Singapore St 8402 Santana Cir Huntington Beach 92646 Mission Viejo CA 92691 Huntington Beach 92646 157-384-02 314- 157-384-03 315 157-384-07 314- Ernest E Wright Walter J Stoklosa Steven A Sianez 8412 Santana Cir 8422 Santana Cir 8421 Santana Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-384-08 317 157-384-09 3/9 157-384-10 3I9 Steven & Marivic Janda Barry Bravo Scott Biedermann 8411 Santana Cir 8401 Santana Cir 8402 Tradewind Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-384-11 3.70 157-384-12 .3al 157-384-16 3��- George W Bisnar Duane E Cosby Karl R Uhlig 8412 Tradewind Cir 8422 Tradewind Cir 8442 Tradewind Cir Huntington Beach 92646 Huntington Beach 92646 :Huntington Beach 92646 157-384-17 A.23 157-384-18 3a4 157-384-19 3,'Z5 Louis Calderon Manfred C Kunze John R & Robin Feeney 8411 Tradewind Cir 8401 Tradewind Cir 8402 Talbert Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-01 329 157-392-02 3.29 157-392-03 330 Jerome Tarpin Charles M Unger Merril L Mathias 156 Stanford Way 8442 Springhurst Ave 8452 Springhurst Ave Sausalito CA 94965 Huntington Beach 92646 Huntington Beach 92646 157 392-0 ✓✓ 331 157-392-05 3.3-2. 15 -39 -16 tip✓ 333 A D Mari1 Smith James H Vogt W Debo 9410 L Colo ' a Ave 8462 Springhurst Ave 1812 Map egrove Cir Fountai Valley C 92708 Huntington Beach 92646 Hunti ton Beach 92646 157-392-17 334 157-392-18 .335 157-392-19 336 William B Dobrusky Joseph M Halcisak Diana P Helm 18125 Maplegrove. Cir 8441 Springhurst Ave 16426 Scotch Pine Ave 'Huntington Beach 92646 Huntington Beach 92646 Fountain Valley C 92708 157-392-20 337 157-392-21 338 157-392-22 334 Sandra M Meyer James M & Cheryl Keys Gayle L Harriman 8431 Springhurst Ave PO Box 26692 8421 Springhurst Ave Huntington Beach 92646 Santa Ana CA 92799 Huntington Beach 92646 157 92-2 ./v 340 157-392-24 341 157-392-25 34�- Rebec a S ss Eleanor G Mayott Mary E Parsons 8416 S etwa r Cir 8395 Goldsport Cir 8391 Goldsport Cir Huntingt Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-26 34-3 157-392-27 344 157-392-28 345 Elizabeth Csillag Karen Jones Eleanor M Sinclair 8385 Goldsport Cir 8386 Goldsport Cir 8392 Goldsport Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-29 34& 157-392-30 34-7 157-392-31 340 Mona O Parker Deborah J Englert Evelyn C Snow 8396 Goldsport Cir 8402 Goldsport Cir 18655 W Bernardo Dr 223 Huntington Beach 92646 Huntington Beach 92646 San Diego CA 92127 157-392-32 34q 157-392-33 350 157-392-34 35/ Anne Ladon Susan L Highland Ralph A & Rita Yedinak 8412 Goldsport Cir 8422 Goldsport Cir 8424 Goldsport Cir Fountain Valley C 92708 Huntington Beach 92646 Huntington Beach 92646 157-392-35 35a 157-392-36 353 157-392-37 354 Darlene K Stinnett Jerold B Ruzicka Jo A Horne 8426 Goldsport Cir 8381 Sweetwater Cir 8385 Sweetwater Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-38 355 157-392-39 3156, 157-392-40 357 Etta M Becker Robert T Le Grue Roy D Wilson 8395 Sweetwater Cir 8401 Sweetwater Cir 8405 Sweetwater Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-41 35$ 157-392-42 35� 157-3 -44 -pq Julia W Grabel Springhurst Townhomes H S ingh st Townhomes H 8411 Sweetwater Cir PO Box 1674 PO IIQ x 1 4 Huntington Beach 92646 Santa Ana CA 92702 Santa a 92702 157- 2-45 Pu�p�Zctl3�ol 57- 2-46 D � � 57-3 -48 �u�� �.C3�3 ringh st Townhomes H S ing rst Townhomes H S in st Townhomes H PO 1 4 PO 1 4 PO 16 4 Santa a 92702 Santa a 92702 Santa a 92702 157-393-01 3(04" 157-393-02 3l05 157-393-03 3&4, Stanley Anderson Rosalind J Jue Larry Mc Phie 8416 Sweetwater Cir 8414 Sweetwater Cir 8412 Sweetwater Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-393-04 31f7 157-393-05 3l08 157-393-06 309 Michael D Berdine Raymond Yang Gloria A Nelson 8406 Sweetwater Cir PO Box 94 8396 Sweetwater Cir Huntington Beach 92646 Redondo Beach CA 90277 Huntington Beach 92646 157-393-07 370 157-393-08 37l 157-393-09 37;- Roger L Baker Elaine Skelly Mark D Wuestling 8392 Sweetwater Cir 8385 Sunbeam Cir 8395 Sunbeam Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-393-10 373 157-393-11 374 157- -34 p(��3?5 John St Denis Susan Redmond ringhu t Townhomes H 8401 Sunbeam Cir 17392 Forbes Ln P ox 1674 Huntington Beach 92646 Huntington Beach 92649 Santa CA 2702 157- 3-35 I1�37& 157-393-37 377 Is-7 - 3012 - ���'�^ ring rst ownhomes H Alva Wilson Co sS�ILtd,q i 4 C �'1 PO ox 1 109 Emerald Bay , Santa a 92702 Laguna Beach CA 92651 l`�37Z �ILY,�I�-I�-Ct LVL l �tih I�v� CA `MY *** 50 Printed *** i 157-481-01 157-481-05 157-491-04 Jane Lambert Trust Nguyen,Luan N TR Nelson Micheal 21112 Windchild Ln 9127 Caladium Ave. 8051 Sterling Ave Huntington Beach CA 92646 Fountain Valley,CA 92708 Huntington Beach CA 92646 157-491-14 157-493-04 165-181-35 Henson,Miltonh Kim,Kwi Nam Robertson,Wendy 410 Pine Nut Rd 18202 Beach Blvd 18377 Beach Blvd 4326 Coleville CA 96107 I Huntington Beach CA 92648 Huntington Beach CA 92648 157-323-02 157-352-07 157-352-25 Eduardo Pimentel Deckard,Linda James Lalith 18152 Hartland St 4697 Peytonsville Rd 18301 Roberta Cir Huntington Beach CA 92646 Franklin,TN 37064 Huntington Beach CA 92646 157-353-02 157-381-01 157-382-05 Cochran,Phyllis Inf sate,Fred W Bellind, Gloria 18252 Lisa Ln 8242 Talbert Ave 15403 Las Vecinas Dr Huntington Beach CA 92646 Huntington Beach Ca 92646 La Puente, CA 91744 157-392-04 331 157-392-16 157-392-23 Smith,A Duane Debody,W Marie Anderson, Staanley 9410.La Colonia Ave 18121 Maple Groove 8416 Sweetwater Fountain Valley, CA 92708 Huntington Beach Ca 92646 Huntington Beach CA 92646 157-392-19 S 5 TP 157-392-27 157-392-32' Helm,David Prebel,Ronald Ladon,Anne 8435 Springhurst Ave 8386 Goldsport 5499 Paseo Del Lago unit 2E Huntington Beach CA 92646 Huntington Beach CA 92646 Laguna Hills,CA 92653 157-383-14 157-383-19 157-384-09 Cutiss,David Doover,Eric L. Bravo,Barry , 18031 Gulf Ln 18091 Gulf In 108 Belle Plaine Ave Huntington Beach CA 92646 Huntington Beach Ca 92646 Park Ridge,1160068 157-384-19 157-382-10 157-381-10 Feeny,John Ross Locks, Stephen Turner,Douglas 1097 Sea Bluff Dr 8321 Magic Cir 616160' St Costa Mesa Ca 92627 Huntington Beach CA 92646 Huntington Beach CA 92648 157-491-06 157491-08 157-492-09 Felton, Steven La Pier, Shane Shaffer,Anthony 8081 Sterling Ave 9085 La Crescenta Ave 21292 Lemontree Ln Huntington Beach CA 92648 Fountain Valley, CA 92708 Huntington Beach CA 92646 157-492-11 157-492-26 159-271-70 log Hernandez,Andrew Clark,Peter Tatarian, Sarkis A oy AocP 17696 Beech St 8151 Kiner Ave 18121 Beach Blvd Fountain Valley, CA 92708 Huntington Beach CA 92648 Huntington Beach CA 92648 157-392-06 157-392-07 157-392-08 Susan S. Nakase Robert M. Baker Thanu Boonyawatana 8483 Shamrock Cir 18192 Gum Tree Lane 1818.6 Gum Tree Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 926410 157-392-09 157-392-10 157-392-11 Angeline Dao Frank Di Gregorio Carole A. Neelands 18949 MT Walton Circle 18144 Maplegrove Cir 18142 Maplegrove Cir Fountain Valley CA 92708 Huntington Beach CA 92646 Huntington Beach CA 92644 157-392-12 157-392-13 157-392-14 Robert M. Kohls Jack Briscoe Robert S. Bains 18134 Maplegrove Cir 18132 Maplegrove Cir 15552 Sunburst Lane Huntington Beach CA 92646 Huntington Beach' CA 92646 Huntington Beach CA 92647 157-392-15 157-392-43 157-393-12 Carla M. Haase Townhomes Homeowners Ass Edwin W. Coinson 18122 Maplegrove Cir P.O. Box 1674 8411 Sunbeam Cir Huntington Beach CA 92646 Santa Ana CA 92702 Huntington Beach CA 926% 157-393-13 157-393-14 157-393-15 Gary A. Sinclair Charles F. Regehr Ronald J. Phillips 10428 Klamath River Cir 8425 Sunbeam Cir 18291 Gum Tree Lane Fountain Valley CA 92708 Huntington Beach CA 92646 Huntington Beach CA 9264( 157-393-16 157-393-17 157-393-18 Adrianne H. Geiger Judith H. Sills Jack M. Brennan 5282 Princeton Ave . 18275 Gum Tree Lane 18273 Gum Tree Lane Westminster CA 92683 Huntington Beach CA 92646 Huntington Beach CA 9264(p 157-393-19 157-393-20 157-393-21 James W. Donnell Mary E. French Donald P. Graves 8466 Idlewild Circle P.O. Box 8345 8456 Idlewild Cir Huntington Beach CA 92646 Fountain Valley CA 92728 Huntington Beach CA 92644 157-393-22 157-393-23 157-393-24 Abigail K. Francis May A. Lange Bernard J. Fitzpatrick 8444 Idlewild Cir 8436 Idlewild Cir 8435 Idlewild Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 926416 157-393-25 157-393-26 157-393-27 Richard S. Ritchie Carmen M. Olin Jo Ann Frey 8445 Idlewild Cir 8455 Idlewild Cir 8461 Idlewild Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 157-393-28 157-393-29 157-393-30 Howard Charle Langpap Albert P. Ingham Joanne B. Smith 18262 Gum Tree Lane 18272 Gum Tree Lane 18274 Gum Tree Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264(o 157-393-31 157-393-32 157-394-01 Vladimir Polhovsky George Rapoza J. Richard Williams 18282 Gum Tree Lane 18292 Gum Tree Lane 8412 Sunbeam Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264� 157-394-02 157-394-03 157-394-04 Richard P. Voltmer Alex Zapassoff Charles H. Morus 22856 Via Cordova 8402 Sunbeam Cir 8396 Sunbeam Cir So Laguna CA 92667 Huntington Beach CA 92646 Huntington Beach CA 9264j, 157-394-05 157-394-06. 157-394-07 William C. Barnes Donald E. Roberts John J. Curren 1694 Riverview Dr. 18355 Gum Tree Lane 18351 Gum Tree Lane Fallbrook CA 92028 Huntington Beach CA 92646 Huntington Beach CA 92646 157-394-08 157-394-09 157-394-10 Neal R. Doty Gayson Haug Cecelia F. Gronotte 9632 Innsbruck Dr. 228 Windsong Dr. 18335 Gum Tree Lane Huntington Beach CA 92646 Henderson NV 89014 Huntington Beach CA 9264(p 157-394-11 157-394-12 157-394-13 Alison Vitacolonna Stephen A. E. Skromeda Susan Mary Gibson 18331 Gum Tree Lane 18325 Gum Tree Lane 18321 Gum Tree Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264� 157-394-14 157-394-15 157-394-16 Joan Gunderlock-Aguinag Janet Newcomb Dorothyan M. Balsom 10261 Shadyridge Dr. 18311 Gum Tree Lane 18301 Gum Tree Lane Santa Ana CA 92705 Huntington Beach CA 92646 Huntington Beach CA 9264� 157-394-17 157-394-18 157-394-19 John D. Merck Hossein Etemadi Darrell L. Mountjoy 18294 Gum Tree Lane 18302 Gum Tree Lane 22042 Tanbark Lane Huntington Beach CA 92646 Huntington Beach CA 92646 El Toro CA 92630 157-394-20 157-394-21 157-394-22 David E. Albert Margaret S . Robin Constance G. Larson 3985 Silver Clipper Lane 18362 Mapledale Lane 18366 Mapledale Lane Lake Havasu City AZ 86406 Huntington Beach CA 92646 Huntington Beach CA 9264b 157-394-23 157-394-24 Kenneth P . Ishida William Lum 18372 Mapledale Lane 18382 Mapledale Lane Huntington Beach CA 92646 Huntington Beach CA 92646 00-CuP,4N2-S Lambert Alice Jane 112'_ Richard Bukowski Mary T Bottari I Or Current Resident Or Current Resident Or Current Resident 18012 Beach Blvd 18042 Beach Blvd 18072 Beach Blvd Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92648 ,c- rp Or Current Resident 11� Luan N & Lynn Nguyen ✓ June R Pressel Robert M Wagner Or Current Resident Or Current Resident Or Sterling Ave 18082 Beach Blvd 18090 Beach Blvd 8231 Huntington Beach 92646 Huntington Beach 92648 Huntington Beach 92648 School Ocean View Dist Van T Lieu Steven M C ouch Or Current Resident Or Current Resident Or Curren Resident 18052 Lisa Ln 18222 Lisa Ln 8021 Ste ng Ave Huntington Beach 92646 Huntington Beach 92646 Hunting on Beach 92646 Betty Senvardarli Michael & Jerry Nelson Tien & A Chao 1 -5 Or Current Resident Or Current Resident Or Current Resident 8041 Sterling Ave 8051 Sterling Ave 8071 Sterling Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Marvin F & Laura Fox / 9 Esther Kon e /S Howard L Abel 17o Or Current Resident Or Curresident Or Current Resident 8081 Sterling Ave 8101 Stg Ave 18255 Beach Blvd Huntington Beach 92646 Huntingeach 92646 Huntington Beach 92648 Bobby R A n / 7 Serge .S Weibel 9,� Kevin H ' eson /9 Or Current esident Or Current Resident Or Curre t Resident 8121 Ster Ave 18001 Beach Blvd 8141 St r ing Ave Huntingt B ach 92646 Huntington Beach 92648 Huntin to Beach 92646 VirginiXlng etran �0 John P Hodge 78 Milton H Henson 4 Or Curresident Or Current Resident Or Current Resident 8161 St Ave 8162 Kiner Ave 8191 Sterling Ave Huntingeach 92646 Huntington Beach 92646 Huntington Beach 92646 Vananh & i Duong 3 Jack T An rson 9 Esther derson '2 5 Or Curren Resident Or Curren Resident Or Curre Resident 8201 Ste \ng Ave 18212 G1 St18202 G e da St Huntingtoneach 92646 Hunting n ach 92646 Hunti to Beach 92646 William J o. m W William A alenta 27 Joseph R trabone a Or Current esident Or Current Resident Or Curre Resident 18182 Glea a St 18172 Gle St 18152 G da St Huntingto Be ch 92646 Huntingt n each 92646 Huntin on Beach 92646 Mary K Stan y 9 Charles A - meth 10 Nick A & drea Walker 3/ Or Current sident Or Current esident Or Curren Resident 18151 Val a it 18161 Vall�a Cir 18171 Va ea Cir Huntington Be ch 92646 Huntington. B ach 92646 Hunting on Beach 92646 1^3 Anthony M Shaffer 30� Jean S P 'gis �3 Andrew 'e nandez 39 Or Current Resident Or Curre Resident Or Curre Resident 18175 Vallea Cir 18172 V ea Cir 8122 St ing Ave Huntington Beach 92646 Huntin ton Beach 92646 Huntin ton Beach 92646 James W o d 35" Kenneth J Holesinger 36 Howard L ' c "oonover 3 7 Or Curren Resident Or Current Resident Or Curren Resident 8132 Ste 'ng Ave 8142 Sterling Ave 18171 Pe rco Cir Hunting on Beach 92646 Huntington Beach 92646 Hunting on Beach 92646 David M P -3� Marilyn o sick 31 Marvin J J /sephson 7 Or Current esident Or Curren Resident Or Curre Resident 18175 Pe e o Cir 18172 Pe rco Cir 18162 P rco Cir Huntingt B ach 92646 Hunting on each 92646 Hunti ton each 92646 Avis L y n g� Philip D uckles T� Elsa Alia ez Or Curre Resident Or Curre t Resident Or Cu Resident 18152 P erco Cir 18151 VLsc Ln 18171 Ln Huntin on Beach 92646 Huntinn Beach 92646 HuntiBeach 92646 Robert B Judy Culhanl� Don J La a na 7J GeorgV 11O 9 Or Current esident Or Current esident Or CuResident 18181 Lisa 18191 Li 18211Ln Huntingto B ch 92646 Huntingt n B ach 92646 Hunti each 92646 Ann Popek 7 Martha M e ela 48 Anthony R G aziano / 9 Or Curren Resident Or Current Resident Or Current esident 8181 Kin ve 8161 Kin ve 8151 Kin Ave Hunting on ach 92646 Huntingt n B ach 92646 Hunting on ach 92646 Russel R Jakob So Clifford C Murphy 5) Sue Zawas y , S.2 Or Current Resident Or Curre Resident Or Curren esident 8141 Kiner Ave 8131 Ki a Ave 8121 Kine ve Huntington Beach 92646 Huntin ton Beach 92646 Hunting n B ach 92646 Donald R Duncan 53 Judith A G' condo J 4 Dennis M Kroll -5-5 Or Current Resident Or Curren esident Or Current Resident 8111 Kiner Ave 8101 Kin ve 8081 Kiner Ave Huntington Beach 92646 Huntington B ach 92646 Huntington Beach 92646 Esmaeil D high �� EsmaeilTah high -s 7 Arthur R De Groot S8 Or Curren Resident Or Cu reResident Or Current Resident 18232 Be c Blvd 18222 B Blvd 18212 Beach Blvd Huntingdon each 92648 Huntin tBeach 92648 Huntington Beach 92648 Jimi Ho e �/ Israel M a 6f7 Jean Wong �P � Or Curre Resident Or Curren Resident Or Current Resident 18202 Be,a Blvd 18182. Be c Blvd 18172 Beach Blvd Huntington Beach 92648 Huntington each 92648 Huntington Beach 92648 Kaiser Foundation Healt David L mpbell /(O , James L ohnson 9 7 Or Current Resident Or Curre Resident Or Curr nt Resident 18081 Beach Blvd 18172 S ar n Ln 18162 h ron Ln Huntington Beach 92648 Huntin ton Beach 92648 Hunti gt ,n Beach 92648 n p Albert L ithers �p James M ras �/ Barbara Skinner ��b Or Curre Resident Or Curr t Resident Or Curre Resident 18156 S ar n Ln 18146 on Ln 7865 Lo i Dr Hunti ton each 92648 Hunti gto Beach 92648 Huntin ton Beach 92648 Stanley & Anna Jay Bank Pacific Inland '2 Frank A Richmond �dJ Or Curre Resident Or Current Resident Or Current Resident 7861 Lo i r 18211 Beach Blvd 18151 Beach Blvd Huntin ton each 92648 Huntington Beach 92648 Huntington Beach 92648 Soto Kafetzopoulos l 9 Jack & Jeanette Haley/o5 Ruby R Scott lL�8 Or Current Resident Or Current Resident Or Current Resident 18141 Beach Blvd 18121 Beach Blvd /07 7811 Talbert Ave Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92648 Huntingt Beach Congre Bruce E ' ller //0 Manuel T Hidalgo Or Curre t Resident Or Curre Resident Or Current Residential 7851 Ta rt Ave 7871 Ta rt Ave 17931 Bell Cir Huntin ton Beach 92648 Huntin ton Beach 92648 Huntington Beach 92647 Daniel & Patrice Levin Robert L Taube Leon T Kuczynski 1.2Y Or Current Resident Or Current Resident Or Current Resident 7891 Talbert Ave 17941 Beach Blvd 17931 Beach Blvd Huntington Beach 92648 Huntington Beach 92647 Huntington Beach 92647 Decatur L Dilday l.2 5- Allen E Hom 106 Artemio R Ramil /.2Iq Or Current Resident Or Current Resident Or Current Resident 1.7911 Beach Blvd 17881 Beach Blvd 17871 Beach Blvd Huntington Beach 92647 Huntington Beach 92647 Huntington Beach 92647 Donald P Jones /a8 Charles S Palmer Steven J ngione /-3a Or Current Resident Or Current Resident Or Curren Resident 17855 Beach Blvd 7902 Ronald Dr 7912 Ro 1 Dr Huntington Beach 92647 Huntington Beach 92647 Huntin on Beach 92647 Mary E Fox 13) Margaret M Dattels Gustav chweger IYY' Or Current Resident Or Current Resident Or. Curre t Resident 17831 Beach Blvd 17851 Beach Blvd 8412 J Dr Huntington Beach 92647 Huntington Beach 92647 Huntin to Beach 92647 Mark Co er f T Barret/S Deck 35 Julien ecrivain r-T6 Or Curr t Resident Or Cu; ent Resident Or Cur r t Resident 8402 J Dr 8392� lm Dr 8371 T 1 ert Ave Huntin to Beach 92647 Huntin ton Beach 92647 Huntington Beach 92646 Bruce & Sheena Walczyk Robert F Cronk l 7 Robert G Magotch / c Or Current Resident Or Current Resident Or Current Resident 8306 Rolf Cir 18142 Wharton St 8262 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 . Huntington Beach 92646 Grover P Thomas 1?7 Church First United Met Robert C Grondahl Or Current Resident Or Current Resident Or Current Resident 8282 Kiner Ave 8252 Le Conte Dr 8041 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Lee J & Traci Ty ;l3 Stanley L Hefley 1 b Marian B Franks 17 Or Current Resident Or Current Resident Or Current Resident 8061 Taylor Dr 8101 Taylor Dr 8111 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Karin Pihl / Maria T Cerrito �0 Paul J Bruckner 7 Or Current Resident Or Current Resident Or Current Resident 8161 Taylor Dr 8171 Taylor Dr 18302 Beach Blvd Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92648 Linda L Deckard _-229 Clifford E Robison 36) Wayne O Woodroof 3� Or Current Resident Or Current Resident Or Current Resident 8012 Taylor Dr 8022 Taylor Dr 8052 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Seymour Buder a2 5� Eugene D Micco Eric Mozell Or Current Resident Or Current Resident Or Current Resident 18281 Thomas Cir 18281 Roberta Cir 18272 Roberta Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Gary M & Shannon SmitJ5�� Diane M Turko 5 Tri-Palms Financial Inc Or Current Resident Or Current Resident Or Current Resident a59 18302 Lisa Ln 8242 Talbert Ave 8272 Talbert Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Frank & Carole Ruiz Hsiu C Hsu b� Neal B Voorhees Or Current Resident Or Current Resident Or Current Resident 8302 Talbert Ave 8321 Gladys Ave 8301 Gladys Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Douglas R Circle a 8 Paul R Cloutier �f Murari Gupta -� 7-5" Or Current Resident Or Current Resident Or Current Resident 8271 Gladys Ave 18071 Wharton St 18111 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Ching S & Ru Chang 7�- Gloria T Bellino Stuart Gaston Or Current Resident Or Current Resident Or Current Resident 8251 Sterling Ave 8272 Gladys Ave 8302 Gladys Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Stephen A Locks Leon Solomon Stuart T Uyetake Or Current Resident Or Current Resident Or Current Resident 8321 Magic Cir 8306 Magic Cir 8322 Magic Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Hsueh F & Young Hsu 9/ Karl R Uhlig �1 Ben T Chen Or Current Resident Or Current Resident Or Current Resident 18052 Hartlund St 18081 Gulf Ln 18101 Gulf Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Karl R Uhlig 5;2 Steven Brereton ° Kenneth E Cheshire S,;7 Or Current Resident Or Current Resident Or Current Resident 8421 Tradewind Cir 8412 Talbert Ave 8422 Talbert Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 *** 9 Printed *** Jerome Tarpin ` A D & Marilyn Smith Diana P Helm Or Current Resident Or Current Resident Or Current Resident 8436 Springhurst Ave 8456 Springhurst Ave 8435 Springhurst Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 James M & Cheryl Keys-rj, Rebecca S Ross 340 Evelyn C Snow 519 Or Current Resident Or Current Resident Or Current Resident 8425 Springhurst Ave 8401 Goldsport Cir 8406 Goldsport Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Raymond Yang Susan Redmond 7 Or Current Resident Or Current Resident 8402 Sweetwater Cir 8405 Sunbeam Cir Huntington Beach 92646 Huntington Beach 92646 I *** 8 Printed *** /38 14o Roman Catholic Bishop O Intercommunity H Huntin Roman Catholic Bishop O Or Current Resident Or Current Resident 14 ' Or Current Resident 17952 Beach Blvd 17772 Beach Blvd 8345 Talbert Ave Huntington Beach 92647 Huntington Beach 92647 Huntington Beach 92646 Huntington Associates Or Current Resident 17822 Beach Blvd Huntington Beach 92647 *** 124 Printed *** 22� AP# 165-181-19 ! �O AP# 165-181-19 ` D6 AP# 165-181-19 t OR OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#23 7811 Talbert Ave., Unit#24 7811 Talbert Ave., Unit#25 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 n AP# 165-181-19 f OS AP# 165-181-19 L �S AP# 165-181-19 lOo OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#26 7811 Talbert Ave., Unit 427 7811 Talbert Ave., Unit 428 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 !Q8 AP# 165-181-19 l D 8 AP# 165-181-19 !tO 8 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#29 7811 Talbert Ave., Unit#30 7811 Talbert Ave., Unit#31 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 08 AP# 165-181-19 l U S AP# 165-181-19 (r,g OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#32 7811 Talbert Ave., Unit#33 7811 Talbert Ave., Unit#34 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 /a8 AP# 165-181-19 C AP# 165-181-19 l o 8 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit 435 7811 Talbert Ave., Unit#36 7811 Talbert Ave., Unit#37 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 /08 AP# 165-181-19 l C8 AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 438 7811 Talbert Ave.,Unit 439 7811 Talbert Ave., Unit#40 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 /OS AP# 165-181-19 l�g AP# 165-181-19 1�8 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#41 7811 Talbert Ave., Unit#42 7811 Talbert Ave., Unit#43 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 / Og AP# 165-181-19 LO AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#44 7811 Talbert Ave., Unit#45 7811 Talbert Ave., Unit#46 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 `09 AP# 165-181-19 l�v AP# 165-181-19 108 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit 447 7811 Talbert Ave., Unit#48 7811 Talbert Ave., Unit 449 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 AP9 165-181-19 1 0� AP# 165-181-19 AP# 165-181-19 /08 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit 450 7811 Talbert Ave., Unit 451 7811 Talbert Ave., Unit 452 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 l 0 AP# 165-181-19 AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 78 11 Talbert Ave., Unit#53 7811 Talbert Ave., Unit#54 7811 Talbert Ave., Unit 455 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP" 165-181-19 l AP# 165-181-19 1o8 AP# 165-181-19 l08 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#56 7811 Talbert Ave., Unit 457 7811 Talbert Ave., Unit 458 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 l D8 AP# 165-181-19 v AP# 165-181-19 10B OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#59 7811 Talbert Ave., Unit#60 7811 Talbert Ave., Unit 461 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 1 C8 AP# 165-181-19 208 AP# 165-181-19 /Og OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#62 7811 Talbert Ave., Unit#63 7811 Talbert Ave., Unit 464 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 8 AP# 165-181-24 AP# 165-181-24 �1 z OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#65 17931 Bell Circle, Unit A 17931 Bell Circle, Unit B Huntington Beach, CA 92648 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-24 r AP4 165-181-24 AP# 165-181-25 �1 OCCUPANT OCCUPANT OCCUPANT 17931 Bell Circle, Unit C 17931 Bell Circle, Unit D 17901 Bell Circle, Unit A Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-25 3 AP# 165-181-25 �1 AP# 165-181-26 OCCUPANT OCCUPANT OCCUPANT 17901 Bell Circle, Unit B 17901 Bell Circle, Unit C 17891 Bell Circle, Unit A Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-26 AP4 165-181-26 4 AP4 165-181-26 OCCUPANT OCCUPANT OCCUPANT 17891 Bell Circle, Unit B 17891 Bell Circle, Unit C 17891 Bell Circle, Unit D Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-27 AP4 165-181-27 115- AP# 165-181-27 OCCUPANT OCCUPANT OCCUPANT 17881 Bell Circle, Unit A 17881 Bell Circle, Unit B 17881 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-28 AP# 165-181-28 AP# 165-181-28 OCCUPANT OCCUPANT OCCUPANT 17872 Bell Circle, Unit A 17872 Bell Circle, Unit B 17872 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-29 AP# 165-181-29 l ' 7 AP# 165-181-29 117 OCCUPANT OCCUPANT OCCUPANT 17882 Bell Circle, Unit A 17882 Bell Circle, Unit B 17882 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-30 1 AP# 165-181-30 / AP# 165-181-30 OCCUPANT OCCUPANT OCCUPANT 17892 Bell Circle, Unit A 17892 Bell Circle, Unit B 17892 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP4 165-181-30 O AP# 165-181-31 9 AP9 165-181-31 OCCUPANT OCCUPANT OCCUPANT 17892 Bell Circle, Unit D' 17902 Bell Circle, Unit A 17902 Bell Circle, Unit B Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-31 // 9 AP# 165-181-31 l 9 AP# 165-181-32 d OCCUPANT OCCUPANT OCCUPANT 17902 Bell Circle, Unit C 17902 Bell Circle, Unit D 17912 Bell Circle, Unit A Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP9 165-181-32 AP# 165-181-32 AP# 165-181-32 OCCUPANT OCCUPANT OCCUPANT 17912 Bell Circle, Unit B 17912 Bell Circle, Unit C 17912 Bell Circle, Unit D Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-33 �'2 AP# 165-181-33 AP# 165-181-33 10� OCCUPANT OCCUPANT OCCUPANT 17932 Bell Circle, Unit A 17932 Bell Circle, Unit B 17932 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 CHuntington Beach, CA 92647 AP9 165-181-33 I AP# 165-302-19 9 AP# 165-302-19 1 a 9 OCCUPANT OCCUPANT OCCUPANT 17932 Bell Circle, Unit D 7902 Ronald Drive, Unit A 7902 Ronald Drive, Unit B Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-302-19 �� 9 AP# 165-302-20 'O AP# 165-302-20 f OCCUPANT OCCUPANT OCCUPANT 7902 Ronald Drive, Unit C 7912 Ronald Drive, Unit A 7912 Ronald Drive, Unit B Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-302-20 �0 AP9 165-302-20 3o AP# 165-302-20 3 C OCCUPANT OCCUPANT OCCUPANT 7912 Ronald Drive, Unit C 7912 Ronald Drive, Unit D 7912 Ronald Drive, Unit E Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 157-352-02 �2�?S AP# 157-352-02 AP# 157-352-02 OCCUPANT OCCUPANT OCCUPANT 18302 Patterson Ln., Unit#1 18302 Patterson Ln., Unit 42 18302 Patterson Ln., Unit 43 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 AP# 157-352-02 AP# 157-352-03 AP# 157-352-03 OCCUPANT OCCUPANT OCCUPANT 18302 Patterson Ln., Unit#4 18301 Patterson Ln., Unit A 18301 Patterson Ln., Unit B Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 AP# 157-352-03 a AP# 157-352-03 AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 18301 Patterson Ln., Unit C 18301 Patterson Ln.,Unit D 7811 Talbert Ave., Unit 41 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648 AP# 165-181-19 /06 AP# 165-181-19 /OS AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit 42 7811 Talbert Ave., Unit 43 7811 Talbert Ave., Unit#4 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 !fig AP# 165-181-19 log AP# 165-181-19 108 OCCUPANT OCCUPANT OCCUPANT 7911 Talbert Ave., Unit 45 7811 Talbert Ave., Unit#6 7811 Talbert Ave., Unit 47 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 /08 AP# 165-181-19 r08 AP# 165-181-19 l �� OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#8 7811 Talbert Ave., Unit#9 7811 Talbert Ave., Unit 410 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP9 165-181-19 1 08 AP4 165-181-19 �08 AP# 165-181-19 l©� OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit 411 7811 Talbert Ave., Unit 412 7811 Talbert Ave., Unit#13 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 log AP# 165-181-19 /0 AP# 165-181-19 �0 S OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit 414 7811 Talbert Ave., Unit#15 7811 Talbert Ave., Unit#16 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 /09 AP# 165-181-19 ( AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#17 7811 Talbert Ave., Unit 418 7811 Talbert Ave.,Unit#19 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 /leg AP# 165-181-19 I OU AP# 165-181-19 l D8 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#20 7811 Talbert Ave., Unit 421 7811 Talbert Ave., Unit#22 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 PUBLIC HEARING NOTIFICATION CHECKLIST "B" MAILING LABELS - January 13, 1999 President 1 Huntington bo POA 10 FANS 16 H.B. Chamber of Commerce P. O. Box 7 John es 21Do Main Street, Suite 200 Sunset B ch. Z9'O742 19 C ewood Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Judy Legan 2 William D. Holman 11 Sue John 'n 16 Orange County Assoc. of Realtors PLC 19671 uiet y Lane 25552 La Paz Road 23 Corporate Plaza, Suite 250 Hu ing n Beach, CA 92648 Laguna Hills, CA 92653 Newport Beach CA 92660-7912 Presi/ngton 3 Mr, Tom Zanic 12 Edna Littlebury 17 Amio Chica New Urban West Gldn St.Mob. Hm. Owners Leag. P. O 8 520 Broadway Ste. 100 11021 Magnolia Blvd. HunBeach, CA 92605 Santa Monica, CA 90401 Garden Grove, CA 92642 Sunset Beac 'Co unity Assoc. 4 Pres.,H.B. Hist. Society 13 Pacific Coast Archaeological 18 Pat Thie , re ent C/O Newland House Museum Society,Inc. PO B 21 19820 Beach Blvd. P.O. Box 10926 Sunset Beach, CA 90742-0215 Huntington Beach,CA 92648 Costa Mesa, CA 92627 Attn:Jane Gothold President 5 Chairperson 14 County of Orange/EMA 19 Huntington Beach Tomorrow Historical Resources Bd. Michael M.Ruane,Dir. PO Box 865 Comm. Services Dept. P.O.Box 4048 Huntington Beach, CA 92648 2000 Main St. Santa Ana, CA 92702-4048 Huntington Beach, CA 92648 Julie Van3Vh9odst 6 Council o gin 15 County of Orange/EMA 19 BIA-O 1706 O nge e. Thomas Mathews 9 E cut e Circle#100 Hun ingto each, CA 92648 P. O. Box 4048 Irvine Ca 92714-6734 Santa Ana, CA 92702-4048 Richard Spicer 7 Jeff Metzel, 16 Planning Department 19 SCAG Seachff A Orange County EMA 818 West 7th, 12th Floor 19391 ady arbor Circle P. O. Box 4048 Los Angeles, CA 90017 Hun ingto Beach, CA 92648 Santa Ana, CA 92702-4-48 E.T.I. Corral 100 8 John Fy6e 16 County of Orange/EMA 19 Mary Bell Sea f HqK Tim Miller 20292 Eastwood Cir. 1 82 S dale Lane P.O. Box 4048 Huntington Beach, CA 92646 Huntington Beach, CA 92648 Santa Ana, CA 92702-4048 John Scandura 9 Lou aXean 16 Planning Dir. 20 Environmental Board Chairman Sea iff City of Costa Mesa 17492 Valeworth Circle 19 21 Oluff Circle P. O. Box 1200 Huntington Beach, CA 92649 Huntington Beach CA 92648 Costa Mesa, CA 92628-1200 Hangel:phlbl PUBLIC HEARING NOTIFICATION CHECKLIST "B" 0 MAILING LABELS - January 13, 1999 Planning Dir. 21 Dr.Duane Dishno 29 CountZVie Estates HOA 37 City of Fountain Valley HB City Elementary School Dist. Carrie10200 Slater Ave. PO Box 71 6642 ive Fountain Valley, CA 92708 Huntington Beach, CA 92626 Huntington each CA 92648 Planning Director 22 Jerry Buchanan 29 Count/eCi Estates HOA 37 City of Westminster HB City Elementary School Dist. Geraldan 8200 Westminster Blvd. 20451 Craimer Lane 6742 SeWestminster, CA 92683 Huntington Beach, CA 92648 Huntiach CA 92648 Planning Director 23 James Jones 30 HB Hampt s HOA 37 City of Seal Beach Ocean View Elementary Keyston acific p.Mangmt.Inc. 211 Eight St. School district 16845 on K an Avenue, Suite 200 Seal Beach, CA 90740 17200 Pinehurst Lane Irvi e, CA 2606 Huntington Beach CA 92647 California Coastal Commission 24 BaC1a« wknarS 31 Sally Graham 38 Theresa He Westminster School District .MeadoKeldin k Ar South Co t /10thfFloor ce 14121 Cedarwood Avenue 5161 ircle 200 O angat Westminster CA 92683 H tingt Beach, CA 92649 Long Beach, CA 92802-4302 California C tal mission 24 Patricia Koch 32 Cheryle Bro ning 38 South Co t Are ffice HB Union High School Ditrict Meadowl Are 200 O angate, Oth Floor 10251 Yorktown Avenue 16771 oosev Lane Long Beach, CA 92802-4302 Huntington Beach, CA 92646 Hun ingto each, CA 92649 Robert Joseph 25 CSA 33 CA Coastal Communities,Inc. 39 Caltrans District 12 730 El Camino Way#200 6 Executive Circle,Suite 250 2501 Pullman St. Tustin, CA 92680 Irvine, CA 92614 Santa Ana, CA 92705 Director 26 Goldenwest College 34 Bolsa Chic and rust 40 Local Sol' ast A Agy. Attn:Fre we Nancy onov O.C. ealth re Agency 15744 olde est St. 4831 As Pa s P.O.Box 35 Huntington Beach CA 92647 Huntingto Beach, CA 92649 Santa Ana, CA 92702 New Growth Coordinator 27 OC County Harbors, Beach 35 Bolsa Chica Land Trust 40 Huntington Beach Post Office and Parks Dept. Paul Horgan,President 6771 Warner Ave. P. O.Box 4048 207-21n Street Huntington Beach,CA 92647 Santa Ana,CA 92702-4048 Huntington Beach,CA 92648 Marc Ecker 28 Huntingto Bea Mall 36 SEHBNA 41 Fountain Valley Attn. P og s-Laude 22032 Capistrano Lane Elementary School District 7777 inger Ave. #300 Huntington Beach, CA 92646-8309 17210 Oak Street Huntington Beach CA 92647 Fountain Valley CA 92708 Hangel:phlbl Draft EIR Distribution List (KL9743a) 114-n Lo D� ��� Planning D• ector . Gre c land e Arn Retai roup City of F untai alley � Q Arnel tail up 949 S th Coa rive, Ste. 600 1020 later ve. 949 Sout oast ive, Ste. 600 Costa Mesa, CA 92626 Fountain Key, CA 92708 Costa Mesa, CA 92626 Orange County Sanitation District Mr. Herb Nakasone, General Manager Ms.Tish Koch ac rt PO Box 8127 OC Flood Control District Asst. Superi ende of Business Fountain Valley, CA 92728-8127 300 N. Flower Street HB Unio igh ool District Santa Ana, CA.92702-4048 10251 orkto n Avenue Huntington each,CA 92646 Dr. James Tarwater, Superintendent Allen Mace i, CIpirman N/ �y Mr. Gilbert Challer, District Mngr. v' Ocean View Elem. School District HB En onmen Board / \ OC Vector Control District 17200 Pinehurst Drive 2002 awso an PO Box 87 Huntington Beach, CA 92647 Hunf ington each,CA 92646 Santa Ana, CA 92702 Mr. John Nelson, Asst. Superintendent Ms.Nancy Pollard,President Mr. John Wodraska, General Mgr. OC Department of Education Board of Trustees Metropolitan Water District of SC 200 Kalmus Drive OC Community College District PO Box 54153 Costa Mesa, CA 92628 1370 Adams Avenue Los Angeles, CA 90054 Costa Mesa,CA 92626 Lisa Mills, CEO NU. Stanley Sprague, General Manager Mr. William R. Mills,Jr. OC Transit Authority(OCTA) OC Municipal Water District General Manager, OC Water Dist. PO Box 14184 PO Box 20895 PO Box 8300 Orange,CA 92613-1581 Fountain Valley,CA 92728 Fountain Valley, CA 92708 Mr.Jerry Bu anan " Olt Ms. Gail Wickstrom, Superintendent Mr. Robert Mazzola, Engineer Asst. Super' ten t of Adm. Serv. Westminster Elem. School District Telephone Operations GTE HB Ele nta chool District 14121 Cedarwood Avenue 7292 Slater Avenue PO B 71 Westminster, CA 92683 Huntington Beach, CA 92647-6240 Huntington Beach,CA 92648 Ms.Patricia Wolf Mr. Robert S. Warth Mr. WXna, C r, Sup ising Engr. Regional Manager,Region 5 Technical Supervisor,the Gas Company Southnia ison Co. Department of Fish and Game PO Box 3334 1325 venue 330 Golden Shore, Suite 50 Anaheim, CA 92803-3334 Santa2705 Long Beach,CA 90802 Mr. Robert J eph, Chief Mr. Wayne Pitzer, Supervising Engineer Robert Moel,Vice President and General Advance annin Branch �w� " Southern California Edison Company Manager Capra , Distr' t 12 1325 South Grand Avenue Time Warner Communications 250 ullm Street Santa Ana, CA 92705 7441 Chapman Avenue Santa Ana, A 92705 Garden Grove,CA 92641 Aileen Taber Public Works Commission George Britton, Manager South Air Quality Management District 505 Van Ness Avenue Environmental Proj. Planning Div. (SCAQMD) San Francisco, CA 94102 Orange County EMA 21865 E. Copley Drive PO Box 4048 Diamond Bar, CA 91765-4182 Santa Ana, CA 92702-4048 CRESTVIEW LABELS—UPDATES AND INTERESTED PARTIES 9/09/99 157-481-01 1 157-491-04 12 157-491-14 22 Lambert Alice Jane Michael Jerry Nelson Milton H Henson 21112 Windchild Ln. 8051 Sterling Ave. 410 Pine Nut Rd. Huntington Beach, CA 92646-6834 Huntington Beach, CA 92646 Coleville, CA 96107 157-493-04 59 159-141-90 91,94 189-271-69 Kim Kwi Nam Park Side Classics Newport Victoria c/o Lam Donald 18202 Beach Blvd. c/o Etco Development Inc. 7255 Figueroa St. #2438 2031 Orchard St.,Ste.211 Huntington Beach, CA 92648 Newport Beach,CA 92660-0754 Los Angeles, CA 90017-5424 165-181-35 123 157-323-02 147 157-352-07 Robertson,Wendy L Eduardo Pimentel & Mary Jo Copper Linda L Deckard c/o RHE Investments Inc. 18152 Hartlund Ln. 4697 Peytonsville Rd. 18177 Beach Blvd.#326 Huntington Beach,CA 92648 Huntington Beach, CA 92646 Franklin, TN 37064 157-352-25 243 157-353-02 251 157-381-01 256 James and Maureen Lalith Cochran, Phyllis J Fred Infante 18301 Roberta Cir. 18252 Lisa Ln 8242 Talbert Ave. Huntington Beach, 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 157-381-17 271, 272 157-382-05 282 157-392-04 331 Cloutier,Blanche Gloria T Bellino Smith, A Duane . 18061 Wharton St 15403 Las Vecinas Dr 9410 La Colina Ave Huntington Beach, CA 92646 La Puente, CA 91744 Fountain Valley, CA 92708 157-392-16 333 157-392-23 340 157-481-05 Debooy, W Marie Anderson, Stanley James Luan N. &Lynn Nguyen 18121 Maplegrove Cir 8416 Sweetwater Cir 9127 Calladium Ave. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Fountain Valley, CA 92708-1420 Mr. Brian Young Mr. Joe Konars Ms. Paulette Edmonston 8530 Stanton Ave. 30 Corinthian Walk 18333 Santa Stethana Circle Buena Park, CA 90622 Long Beach, CA 90803 Fountain Valley, CA 92708 Mr. Chuck Beauregard 159-271-67 102 Mr. Bernard R. Hout Computer Professionals Unlimited Bank,Pacific Inland Tr 16787 Beach Boulevard 5942 Edinger Avenue, Suite 113-242 Tony H.Luis Trust Huntington Beach, CA 92647 Huntington Beach, CA 92649 PO box 3289 Costa Mesa, CA 92628 Ms. Dennese Murphy Antonette Christenson Ms. Marie May 8231 Sterling 2743 No. Olive Lane 9342 Hyannis Port Drive Huntington Beach, CA 92646 Santa Ana, CA 92706 Huntington Beach, CA 92646 Ms. June Tate Ms. Karen LaPier Ms. Dorothy Akstinas 17382 Mira Loma Circle 8111 Sterling 20741 Charwood Lane Huntington Beach, CA 92647 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Mr. David Curtiss Ms. Susan Koch Mr. Harold Ellis 18031 Gulf Lane 18321 Roberta Circle 18069 Santa Cecilia Huntington Beach, CA 92646 Huntington Beach, CA 92646 Fountain Valley, CA 92708 Mr. Larry Slonim Ms. Margaret Sheckell Ms. Deborah Englert 19792 Gloucester Lane Ultrasystems Environmental 8402 Goldsport Huntington Beach, CA 92646 6 Jenner, Suite 210 Huntington Beach, CA 92646 Irvine, CA 92618-3811 Mr. Victor Leipzig Dr. James Tarwater Greg Broughton 17461 Skyline Lane Ocean View School District Planning Consultants Research Huntington Beach, Ca 92647 17200 Pinehurst Lane 233 Wilshire Boulevard, Suite 130 Huntington Beach, CA 92647 Santa Monica, CA 90401 Tom Love Greg McClelland Lauren Jue Arnel Retail Group Amel Retail Group Planning Consultants Research 949 South Coast Drive, Suite#600 949 South Coast Drive, Suite#600 One Venture, Suite 150 Costa Mesa, CA 92626 Costa Mesa, CA 92626 Irvine, CA 92618 Robert Kahn Steve Reiner Stanley R. Hoffman RKJI{ Hall and Foreman, Inc. 18031 Irvine Boulevard, Suite 202 1601 Dove Street, Suite 290 545 North Mountain Ave., Suite 106 Tustin, CA 92680 Newport Beach, CA 92660 Upland, CA 91786-9997 Mr. William A. Parrish Mr. Joe Meyer Greenbrook Fountain Valley Little & Associates Architects Pacific Retail Partners Homeowner's Association 431 South Albertson Avenue 5225 Canyon Crest Drive,#166 18222 Santa Joanana St. Covina, CA 91723-2903 Riverside, CA 92507 Fountain Valley, CA 92708 Trevin&Dianne Wooddard Mr. Victor Leipzig Sandra Cerda 17231 Ash,No. 6 17461 Skyline Lane 18221 Gleada Street Huntington Beach, CA 92649 Huntington Beach, CA 92647 Huntington Beach, CA 92646 Jo Elliott Julie Weinfeld John J. Bower 18062 Beach Boulevard 18062 Joyful Lane 8305 Magic Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Pat Evans Mike Nelson Gayle O'Connor 18221 Wharton 8051 Sterling 8441 Tradewind Circle Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 D. Bailey 157-491-08 Shelley & Vern Vogt 123 Costero Aisle Shane La Pier 8671 Shannon River Irvine, CA 92614 9085 La Crescenta Fountain Valley, CA 92708 Fountain Valley, CA 92708 Steven Dow Carter Orrison Mathew& Robin Miles 18422 Goodwin 8061 Ellis Avenue 18301 Lisa Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Debbie Shipley Jenny Larson Sue Sterns 18219 Santa Joanana 17889 Maggie Lane 18322 Roberta Circle Fountain Valley, CA 92708 Huntington Beach, Ca 92647 Huntington Beach, CA 92646 Joe Rafferty Steve & Michele Welch Carla Franks 19022 Hillsboro 8062 Taylor 18342 Hartlund Lane Huntington Beach, CA 92646 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Jim Marsh Dave McPhail Patricia Coponiti 8312 Gladys Avenue 18082 Hartlund Lane 6372 Bellinger Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92647-3370 157-325-16 178 Craig Carter Greg Cordrey Glenn, Gloria Tr 8566 Whitefish 19142 Festival Cir. PO Box 6306 Fountain Valley, CA 92708 Huntington Beach, CA 92648 Laguna Niguel, CA 92607 Mr. Gary Cushnie Mr. Barry Shepard Mr. Roger Rhoades Chevron Products Co. 17974 Konings Mark 12460 Woodhall Way 17881 Gothard Street Fountain Valley, CA 92708 Tustin, CA 92782 Huntington Beach, CA 92647 Mr. Rob Kuehn 157-491-03 157-491-06 6801 Crista Palma Drive Edward J. Gallegros Steven K. Felton Huntington Beach, CA 92647 17439 Santa Maria Street 8081 Sterling Ave. Fountain Valley, CA 92708 Huntington Beach, CA 92646 157-491-10 157-492-02 157-492-03 Helen A. Hawley Esther R. Evans James E. Brown 8131 Sterling Ave. 18202 Gleada 18182 Gleada St. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 157-492-08 157-492-09 157-492-11 Nick A. Walker Anthony M. Shaffer Andrew Hernandez 18171 Vallea Cir. 21292 Lemontree Ln. 17696 Beech St. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Fountain Valley, CA 92708 157-492-13 157-492-21 159-141-90 Jacqueline L. Bushman Jose Rafael Martinez Lotz, David and Marsha 11131 Kensington Rd. 18181 Lisa Lane 7838 Orchid Dr. Rossmoor, CA 90720 Huntington Beach, CA 92646 Huntington Beach, CA 92648 159-031-01 165-181-35 Abel, Howard Robertson, Wendy 74-719 Arroyo Drive 2622 Circle Drive Indian Wells, CA 92210 Newport Beach, CA 92663 A O c Connie Brockway, City Clerk s' City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 /11/99 W5471.111,1 165-302-21 INGTp Mary R Fox 25141 La Cresta Dr Dana Point CA 92629 uNTr LEGAL NOTICE - PUBLIC HEARING " �;r;�;� � : . ��e4�.t►3���+v�a � II,{,,,,{,I,I{,�,I„I{„I,1{,,,,,,Ill,l„II,,,I,I„II,,,,,I,II . _ NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, September 20, 1999, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: 0 CONDITIONAL USE PERMIT NO. 97-70 FOR CREST VIEW SCHOOL (Wal-Mart) Request: To discuss potential conditions of approval relating to a demolition permit for the Crest View School site as part of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative Parcel Map No. 97-161, and Design RC;vicw Board No. 97-8. The City Council will not discuss the merits of the previously approved Wal-Mart project and will not alter the previous approval action on the project. Discussion will be limited to demolition of the school site only. However, it should be noted that at the time the applicant presents all of the required information to obtain a demolition permit, the City will be obligated to issue the demolition permit. Therefore, it is possible that a demolition permit may be issued as a ministerial action prior to this public hearing. Location: 18052 Lisa Lane (Crest View School site located on the south side of Talbert Avenue approximately 300 feet east of Beach Boulevard) Planner Assigned: Jane James NOTICE IS HEREBY GIVEN that the above item is covered by Environmental Impact Report No. 97-1 certified and approved by the City Council of the City of Huntington Beach on December 4, 1998. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after September 16, 1999. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public. hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (G:\LEGA LS\COUNCIL\99\99cc920.doc) Connie Brockway, City Clerk ...... ; City of Huntington Beach Office of the City Clerk P.O. Box 190 c1 Huntington Beach, CA 92648 �! 5/1 V99 454•-.1a girt �NSINGTp <3:57'L 3 51-0 7 Fl.prencio villalobos V071 Taylor Dr V VJL.l.07i 9=•?646401.9 IN PJ. 09/14/99 — - RETURN TO SENDER Z NO FORWARD ORDER ON FILE 9.j Q UNABLE TO FORWARD RETURN TO SENDER �paNTI ca LEGAL NOTICE- PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach ''� _,�-�-- --``•- .• Office of the City Clerk ru `U ' P.O. Box 190 f 4Vj rr.r, ...:a t £"1 • Huntington Beach, CA 92648 -'...�.--'t , g _ i..��ft9fiilM,i Ji K•r.n�'n —_ r,+.i.. .e. Y: �?/11/ � --:1=31'1.' ,t II?iti , 157-382-10 a87 Stephen A Locks . o ING 2324 N Heather Ave Tpy�F V/ Long Beach CA 90815 3LE TO URN To Ca Q LEGAL 'OTICE- PUBLIC HEARING Connie Brockway, City Clerk " City of Huntington Beach - Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 Ut 159-141-90 91,94 Park Side Classics c/o Etco Development Inc. INGTQy� 2031 Orchard St.,Ste.211 O' �•w•ro�+,,o` �9y Newport Beach, CA 92660-0754 ETC0031 926603009 IN 23 09/16/99 DER FORWARD....ORDERg ON � ON FILE 9 r ",•. Q UNABLE, TO p'ORWARD yC� 4+x nm•� ��� RETURN TO $ENDER CUUNTV cps LEGAL NOTICE-PUBLIIC HEARINGto Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 y ; Huntington Beach, CA 92648 _ n f' - I57-352-02 - * 1, CUPANT uhTINGTp ��;�' I` _.. } 02 Patterson Ln., Unit#4 to PC yBF9 ' vl 1� ' I'l Lintington Beach, CA 92646 C-a o LEGAL NOTICE- PUBLIC HEARING 011TO. 9264.6 Council/Age icy Meeting Held: ' S- 92 Deferred/Continued to: - a Approved, ❑ Conditionally Approved ❑ Denied City Clerk's Sig a ure Council Meeting ate., April 5, 1999 Department ID Number: PL99-09 ha4h appeals Lor1,/ifis;,,r/wire mit Wo.9!701YAevJr ,ee Wo. e/ �ap�do.9,7/(0l 7)cSl9n ,Qevieu)Bo4r� CITY OF HUNTINGTON BEACH -p - �{/o. /i/47 q*a�06+ Aie4su.,nes ,c„cW REQUEST FOR ACTION efiin%No./ A lye q es+0 A��aume: ff!! ion dla�iCd�f-S-W SUBMITTED TO: ONORABLE MAYOR AND CITY COUNCIL MEMBERS D SUBMITTED BY: RAY SILVER, City AdministratorxZP = z s� w PREPARED BY: HOWARD ZELEFSKY, Planning Director SUBJECT: UPHOLD THE PLANNING COMMISSION'S APPROVAL AND DENY THE APPEALS OF CONDITIONAL USE PERMIT NO. 97-70/ VARIANCE NO. 98-18/ TENTATIVE PARCEL MAP NO. 97-161/ DESIGN REVIEW BOARD NO. 97-8 (Crest View School/Wall-Mart) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment Statement of Issue: Transmitted for your consideration are two appeals of the Planning Commission's 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, which represent a request to construct a commercial project on the closed Crest View School. Crest View School is located on the south side of Talbert Avenue approximately 300 feet east of Beach Boulevard. The proposed project consists of development of a 130,342 square foot Wal-Mart with an 8,158 square foot garden center as well as three (3) retail/restaurant pads. Arnel Retail Group, applicant, has filed an appeal of certain conditions of approval imposed with the Planning Commission's approval of the project. The City of Fountain Valley has also filed an appeal based primarily on their objection to truck traffic on Talbert Avenue and because they believe the EIR for the project was deficient. The Planning Commission approved the request as conditioned (Recommended Action - 1) because the required conditions of approval improve the compatibility of the project with the surrounding residential neighborhood. Staff is recommending approval of the project as conditioned by the Planning Commission with two minor amendments to reflect a revised site plan. The first appellant, the applicant, requests that numerous conditions of approval be modified (Alternative Action - 1). The second appellant, the City of Fountain Valley, requests Condition of Approval No. 1.d. be modified to prohibit truck trips traveling east on Talbert Avenue (Alternative Action — 2). REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 The Mitigation Monitoring Program for Environmental Impact Report No. 97-1 is also included in this report for City Council's consideration. The Mitigation Monitoring Program requires implementation and completion of Mitigation Measures identified in Environmental Impact Report No. 97-1 (EIR) for the potential development of the closed Crest View School. The City Council continued this item from the March 15, 1999 meeting. Staff recommends approval of the Mitigation Monitoring Program as submitted (Recommended Action - 2). Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION NO. 1: Motion to: 1. "Uphold the Planning Commission's approval and deny both appeals of Conditional Use Permit No. 97-70/ Variance No. 98-18/ Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 with findings, mitigation measures and modified conditions of approval (ATTACHMENT NO. 1)." Planning Commission Action on January 26, 1999: THE MOTION MADE BY KERINS, SECONDED BY LAIRD TO APPROVE CONDITIONAL USE PERMIT NO. 97-70/ VARIANCE NO. 98-18/ TENTATIVE PARCEL MAP NO. 97-161/ DESIGN REVIEW BOARD NO. 97-8 AS MODIFIED BY STRAW VOTES WITH FINDINGS AND CONDITIONS FOR APPROVAL (ATTACHMENT NO. 1) CARRIED BY THE FOLLOWING VOTE: AYES: LAIRD, KERINS, CHAPMAN, SPEAKER, LIVENGOOD, MANDIC NOES: NONE ABSENT: NONE ABSTAIN: BIDDLE MOTION PASSED STAFF RECOMMENDATION NO. 2: Motion to: 2. "Approve Mitigation Monitoring Program for Environmental Impact Report No. 97-1 (ATTACHMENT NO. 5)." CD99-09 -2- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "(Applicant's Request) Approve the appeal of Conditional Use Permit No. 97-70/ Variance No. 98-18/Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 and approve the project with findings, mitigation measures, and amended conditions of approval as modified by the City Council (ATTACHMENT NO. 2)." 2. "(City of Fountain Valley's Request) Approve the appeal of Conditional Use Permit No. 97-70/Variance No. 98-18/Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 and approve the project with findings, mitigation measures, and t amended conditions of approval as modified by the City Council (ATTACHMENT NO. 3. "Approve an Alternate Site Plan — reconfigure the site and move the building to the west, backing to the commercial uses along Beach Boulevard with the three satellite buildings along Talbert Avenue on the east side of the site (ATTACHMENT NO. 9)." 4. "Uphold the Planning Commission's approval and deny both appeals of Conditional Use Permit No. 97-70/ Variance No. 98-18/ Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 with findings, mitigation measures, modified conditions of approval, and modified building elevation design as recommended by Urban Design Studio (ATTACHMENT NO. 8)." 5. "Continue the appeals of Conditional Use Permit No. 97-70/ Variance No. 98-18/ Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant/ Appellant No. 1: Arnel Retail Group Mr. Greg McClelland / Mr. Tom Love 949 South Coast Drive, Suite 600 Costa Mesa, CA 92626 Appellant No. 2: City of Fountain Valley Mr. John J. Collins, Mayor 10200 Slater Avenue Fountain Valley, CA 92708 Location: 18052 Lisa Lane (Closed Crest View School/South of Talbert Avenue, approximately 300 feet east of Beach Boulevard) CD99-09 -3- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Conditional Use Permit No. 97-70 represents a request for the following: A. To permit the development of an approximate 130,342 square foot Wal-Mart retail store with an approximate 8,158 square foot garden center pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance, B. The request also includes three retail/restaurant pads along Talbert Avenue ranging from 3,500 square feet to 5,500 square feet. Specific uses for the three pads are not known at this time and depending on future tenant mixes the uses may require a discretionary hearing and approval before the Zoning Administrator or Planning Commission. Variance No. 98-18 represents a request to permit a drive aisle opening along the minimum 100 feet long main driveway entrance from Talbert Avenue pursuant to Section 231.18 B of the Huntington Beach Zoning and Subdivision Ordinance. The main driveway entrance design standard does not permit openings along the entire 100 foot length of the main entrance. Tentative Parcel Map No. 97-161 represents a request to subdivide the subject 13.89 acre site into four parcels. Design Review Board No. 97-8 represents an analysis of the proposed architecture, design, colors, and materials for the proposed project. B. BACKGROUND On October 27, 1998 the Planning Commission recommended that the City Council deny Environmental Impact Report No. 97-1, General Plan Amendment No. 97-1, and Zoning Map Amendment No. 97-1, which represent a request to amend the general plan and zoning designations on the property to General Commercial. The Planning Commission determined that commercial retail sales were not an appropriate land use for the site and that they believed the site would better serve the community as open space. Since the Planning Commission's recommended denial of the land use amendments the proposed commercial development of the site (CUP, VAR, TPM, etc.) was not acted on. Subsequent to the Planning Commission's recommendation for denial, the applicant appealed the zoning map amendment to the City Council. The City Council reviewed the proposed land use amendments and the associated environmental impact report during a public hearing on December 14, 1998. On that day, the City Council certified and approved Environmental Impact Report No. 97-1, General Plan Amendment No. 97-1, and Zoning Map Amendment No. 97-1 amending the land use designations to General Commercial. CD99-09 -4- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Since the Planning Commission had not acted on the actual proposed development (CUP, VAR, TPM, etc.), the project was returned to the Planning Commission for action on January 26, 1999. At that hearing, the Planning Commission approved the project with modified conditions of approval. The Planning Commission's approval has since been appealed by both the applicant and the City of Fountain Valley. Subsequent to the certification of the EIR by the City Council, a legal challenge of the City's environmental process has been filed by Save the Open-space and Parks Alliance. The United States court system will ultimately determine whether the City of Huntington Beach followed procedures mandated by the California Environmental Quality Act in regards to the Crest View development proposal by Arnel Retail Group. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On January 26, 1999, the Planning Commission held a public hearing on the proposed request to develop the Crest View School site with a Wal-Mart and three ancillary retail/restaurant pads. Approximately 19 people spoke in opposition to the project and described a myriad of concerns with the proposed development. Speakers discussed their opposition to the project as well as concerns with a 24 hour operation, noise, traffic, need for a decorative perimeter wall, need for double pane windows on adjacent homes, lack of sidewalk on north side of Talbert, air quality, aesthetics, poor drainage conditions in the area, shade impacts, adequacy of the EIR certification process, and compatibility with the cemetery and church across Talbert Avenue as well as the adjacent residential neighborhood. Numerous letters and petitions both in support and in opposition to the project have also been received. The applicant and their representatives, spoke in support of the project and discussed the positive benefits of the project. However, the applicant disputed several of the conditions of approval recommended by staff. In general, the applicant was opposed to fully enclosing the delivery dock facility, limiting the square footage devoted to display of non-taxable sales items, restricting outdoor sales displays, designing pedestrian links between the satellite pads and Wal-Mart, vacation and improvements of Lisa Lane, providing a decorative perimeter wall, restricting delivery hours, and providing raised landscape medians within Talbert Avenue. CD99-09 -5- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 After discussion and straw votes of numerous project issues, the Planning Commission approved the project with revisions. In summary, the Planning Commission required the applicant to complete the following: fully enclose the loading docks; relocate the at-grade dock to the enclosure; move the building 20 feet west for a total 90 foot separation from the easterly property line; provide raised landscape medians on Talbert Avenue; design the on- site ponding system so that at least one main drive aisle is maintained clear of ponding; delineate any future outdoor sidewalk sales areas with a five (5) foot wide decorative sidewalk; limit a maximum of 10% of net retail floor area for display of non-taxable sales items; conduct a pedestrian study on the north side of Talbert Avenue after 6 months of operation; submit a bond to cover the cost of future sidewalk improvements across Talbert; limit customers hours to 7:00 AM to 10:00 PM; construct double pane windows in residences facing Talbert between project and Hartlund Street; and provide low level lighting after store closes. D. APPEAL AND ANALYSIS: Two appeals of the Planning Commission's action have been filed. For ease of analysis, both appeal letters are reprinted verbatim below and followed by staffs response to each issue raised. First, the applicant's letter of appeal is analyzed in its entirety followed by the appeal from the City of Fountain Valley. In order to assist the City Council in analyzing the appeal requests, a matrix of all the appealed issues has been provided for easy reference (Attachment No. 4). APPEAL NO. 1: APPLICANT'S APPEAL The applicant filed an appeal (Attachment No. 2) to certain conditions of approval imposed by the Planning Commission (Attachment No. 1) with the approval of the proposed request. The applicant's reasons for appeal have been reprinted verbatim below and are followed by staff's response to each issue. CD99-09 -6- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Issue No. 1 Applicant's Reason for Appeal: Condition No. 1.b. Loading docks enclosed and relocation of at-grade dock. Fully enclosing the loading docks and relocating the at-grade loading dock within the enclosed loading area, is unnecessary to making the project compatible with surrounding uses. The project is already conditioned to provide a substantial landscape buffer, including a berm adjacent to residential uses, along with a 12 foot high wall. As such, the project will meet all noise requirements of the City of Huntington Beach, without the need for this condition. This is further borne out by the project noise study prepared by Colia Acoustical Consultants dated June 29, 1998. It should be noted that the noise study was based upon twenty-four (24) hours of operations and deliveries at Wal-Mart. Staffs Response: Staffs original recommendation to relocate the loading docks from the east side of the building included a recommendation to fully enclose the docks. Although the applicant relocated the loading docks to the north side of the building away from the adjacent residential, the docks are open and face the main project entrance. The Planning Commission and staff feel it is important to enclose the loading dock to ensure a high quality building design, to minimize noise impacts to the adjacent neighbors, and to minimize the public view of the loading activities. It appears the applicant has misunderstood this condition of approval. Staff agrees that the project is conditioned to provide a substantial landscape buffer but contrary to the applicant's statements it is not conditioned to provide "...a berm adjacent to residential uses, along with a 12 foot high wall." Rather than providing a landscape berm adjacent to residential uses the applicant is proposing to use this area as a detention basin to store storm water during heavy storm conditions and a requirement for a berm has never been imposed. In fact, the project is conditioned to focus more on provision of mature trees between the building and the residential property line to the south and east and less on low ground cover, shrubs, and typical low landscaping. It is also important to note that the project is required to provide an eight foot high wall adjacent to residential uses, not a 12 foot high wall. It is possible the applicant was referring to a 12 foot high screenwall proposed near the open loading dock. In any case the project is not conditioned to provide a 12 foot wall, rather, the applicant's proposed plan has been rejected by the Planning Commission and requires a redesign to fully enclose the loading dock operations. CD99-09 -7- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 The applicant also states that the project will meet the City of Huntington Beach's Noise Ordinance as shown in the Colia Acoustical Consultants Noise Study dated June 29, 1998. However, that noise study analyzed the site plan prior to relocation of the loading docks to the north side of the building and more importantly relied on unenforceable conditions of approval to demonstrate compliance with the noise code. For example, Colia recommended that the delivery trucks do not idle more than 30 minutes in any hour, no more than one delivery every half hour, no unnecessary release of air brakes, and no yelling or horn honking be allowed at the loading docks, which are all conditions that are not practical for enforcement by City staff, especially during nighttime hours. In addition, the Colia Noise Study recommended ten (10) foot high property line walls, which result in a negative aesthetic (and possible shade) impact to the adjacent residential properties. Issue No. 2 Applicant's Reason for Appeal: Condition 1.e. Eight (8) foot high wall of high quality design and decorative materials to match the building. This wall was always intended to be landscaped by vines. As such, it would appear wasteful to describe it as of "high quality design and decorative materials to match the building". These terms are vague and misleading, and unnecessary to making the project compatible with surrounding uses Staffs Response: It is recognized that it has been the request by the applicant to provide a wall with landscape vines. However, staff has consistently recommended that the applicant provide a decorative wall for the perimeter of the project on the south and east property lines. The existing walls along the property line vary in type and location and consist of chainlink on the school property, some wood fences on private property, and some newer block walls mostly on the residential side of the property. Since construction of a new wall is required by the developer, it is undesirable for a double wall condition to occur. Therefore, the applicant has been conditioned to work with the adjacent property owners in negotiating construction of a single common wall. However, if agreements with adjacent property owners can not be reached, then the applicant shall construct a new eight foot.high wall a maximum of two (2) inches from the property line. Since the perimeter wall will be visible from the majority of the project's parking lot as well as from the residential properties surrounding the site, staff believes it is important to provide a high quality decorative wall that matches the building. The condition of approval states that the wall should be "...a smooth stucco wall with trim cap or similar approved wall." The condition is flexible enough that the applicant may propose alternative wall designs and materials subject to approval by the Planning Director. However, the intent is to provide a wall with decorative materials on both sides for the benefit of the commercial patrons and the adjacent residences. CD99-09 -8- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Issue No. 3 Applicant's Reason for Appeal: Condition 4.n. Traffic Progression, signal analysis. Insofar as the condition requires the completion of a traffic progression signal analysis subject to review and approval of the City Traffic Engineer, it would appear to be vague and ambiguous with little or no nexus to the project itself. It would appear to relate rather to the general traffic circulation of the City as a whole. Staffs Response: A traffic progression signal analysis is mandated to ensure the correct timing of the new traffic signal required at the main project entrance on Talbert Avenue. The analysis will coordinate proper signalization timing between the traffic signal at Beach/Talbert, the new signal for the project, and the traffic signal at Talbert/Newland. This is a typical condition to ensure proper functioning and traffic flow on the public street system adjacent to the project. Issue No. 4 Applicant's Reason for Appeal: Condition 6.c. Landscape medians within Talbert Avenue right-of-way. As indicated in the staff reports the landscaped medians within Talbert emanate from the Master Plan of Arterial Street Median Landscape Development adopted in 1986, rather than from any nexus with the project in question. The landscape medians are aesthetic in nature and help ensure traffic circulation through the entire community. They are not the result of or made necessary by the project in question. This is particularly true as a result of trucks exiting the project which are restricted to a right turn onto Talbert and then required to follow a designated truck route to the 405 Freeway. As demonstrated by the Environmental Impact Report the proposed project will not contribute significant trips to degrade the level of service at area intersections during off peak hours. Thus the small incremental increase in traffic will result in an impact that was considered less than significant. (See, Final Environmental Impact Report, page 24; see also the June 29, 1998 letter signed by Hans Van Liten including Exhibit "D'; which is a review of the traffic impact analysis by Linscott, Law & Greenspan signed by Kyle D. Mayberry). CD99-09 -9- 03/25199 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Staffs Response: As stated in the applicant's appeal, landscaped medians are required in the Master Plan of Arterial Street Median Landscape Development. Staff agrees with the applicant that landscape medians are aesthetic in nature and ensure safe traffic circulation throughout the entire community. Landscape medians, in this case, also are required for the specific function of traffic flow into, around, and out of the proposed development and are an important aspect of safe circulation for Wal-Mart. Typically, off-site, improvements are required of new developments to the centerline of the street adjacent to the project as is the recommendation in this case. Issue No. 5 Applicant's Reason for Appeal: Condition 6.m. The double paneing of windows for homes located on Talbert. This off-site requirement does not stem from any noise generated by the project, but rather from general traffic conditions on Talbert Avenue. There is no evidence to suggest the proposed project will either cause or exacerbate the existing problem, if any. Therefore, there is no legal nexus between the project and the problem or issue proposed to be addressed or solved by this condition. In the absence of such a nexus the condition cannot be legally imposed. In the alternative, if any nexus exists, any contribution by the project must be limited to its fair share of contribution to the problem being addressed. Staffs Response: Although not part of the original staff recommendation, installation of double pane windows on the eight homes fronting Talbert Avenue between the project and Hartlund Street was imposed by the Planning Commission. The Planning Commission determined that double pane windows were important to ensure compatibility between the project and the surrounding neighborhood. Planning staff concurs with the direction provided by the Planning Commission. Issue No. 6 Applicant's Reason for Appeal: Condition T a. Delivery vehicles that cannot be accommodated within a 9 foot wide by 19 foot deep parking stall shall utilize enclosed delivery bays. This condition is unduly restrictive and virtually impossible for Wal-Mart to enforce. Obviously all large delivery trucks will use the delivery bays consistent with Wal-Mart's operation. CD99-09 -10- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Staffs Response: This condition was originally drafted when staff was informed that up to 30 miscellaneous vendor deliveries occur through the front door to the store. Since no loading area was provided near the front door, staff determined that all delivery trucks larger than a normal parking stall must utilize the loading and unloading bays provided. Otherwise it appeared that large delivery vehicles would park in the driveaisle or parking area near the front entrance. The applicant has also failed to adequately demonstrate how the garden center deliveries and the at-grade dock located on the north side of the building will function. It is possible that large vendor trucks will block the driveaisle impeding access through the delivery area and will be an eyesore to passing motorists on Talbert. It is not obvious that "...all large delivery trucks will use the delivery bays consistent with Wal-Mart's operation" since the exterior at-grade dock is still proposed by the applicant. Staff believes this condition is important from a circulation and aesthetic standpoint. Issue No. 7: Applicant's Reason for Appeal: Condition No. Ta. and 7.b. Limitation of deliveries and hours of operation. The applicant would expect that all deliveries to the site, as well as all other aspects of store operation shall meet the City of Huntington Beach Noise Code. That should be the extent of the restriction. To suggest any hours restrictions relating to deliveries and/or customer hours, are both unnecessary and redundant. They not only interfere with Interstate Commerce, but potentially place Wal-Mart at a competitive disadvantage and are counter-productive in terms of achieving maximum sales and, therefore, tax dollars to the City of Huntington Beach. Staffs Response: The Planning Commission imposed a condition of approval limiting customer hours from 7:00 AM to 10:00 PM because of the store's close proximity to residential properties. In particular, the location of the store's front door is on the southerly end of the building nearby single family residential. In addition, at the Planning Commission meeting on January 26, 1999, a Wal-Mart representative testified that their intent was not to open as a 24 hour store until the market conditions warranted it. The Planning Commission also noted that the applicant has the opportunity to request a revision to the condition of approval in the future should the retail market demand it. It should be noted that the limitation on customer hours coincides with the Noise Ordinance standards, which stipulate a drop in the acceptable decibel levels during nighttime hours. Planning staff concurs with the Planning Commission's condition of approval. CD99-09 -11- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Issue No. 8: Applicant's Reason for Appeal: Condition 7.c. Outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any portion of the project site. This condition is appealed for clarification purposes to clarify that Wal-Mart may utilize the sidewalk area in front of its store for display of seasonal, holiday, special events, and temporary outdoor sales events provided that a minimum five foot wide sidewalk is maintained. Staffs Response: The applicant's site plan depicts an area along the front of the building as permanent outdoor sales area as well as a note that states an additional 1,500 square feet of outdoor display to be located anywhere on the lot. The current zoning code requires approval of a Temporary Use Permit by the Zoning Administrator for outdoor sales events lasting more than two (2) days. The Planning Commission discussed permanent outdoor sales as requested by the applicant. However, the Planning Commission determined that the project should comply with code requirements throughout the city and stated that the applicant should establish a calendar of seasonal events and request approval through the Zoning Administrator as normally required. Condition of Approval No. 1.h. requires the site plan to be revised to delete these references to permanent outdoor display. The Planning Commission also stated that a minimum five (5) foot wide sidewalk width should be required within the sales area and that sidewalk should be differentiated from the sales area by a decorative pattern. Staff does not feel this condition of approval needs to be clarified because the Planning Commission did not approve the sidewalk area in front of the building for permanent outdoor sales. Rather, the Planning Commission imposed a condition to require a minimum five (5) foot wide sidewalk with decorative pattern for any outdoor sales event and required the proponent to apply to the Zoning Administrator for a yearly calendar of sales events. Issue No. 9: Applicant's Reason for Appeal: Condition No. T d. Wal-Mart building designated as a single user. It is the desire of appellant to have this condition clarified to make sure that Wal-Mart may utilize independent vendors, such as optometrists, jewelers, McDonalds, etc. Obviously, the design of the building must accommodate these vendors to some extent. Moreover, Wal-Mart would like flexibility to exceed the 10% limitation to respond to changing market conditions. CD99-09 -12- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Staffs Response: Since sales tax revenue is an important factor of the proposed project, staff has a concern with possible recycling of the building in the future and the ability of the City to guarantee sales of taxable items should construction of the big-box building be approved. To this end, a condition of approval requires that the Wal-Mart building be designated as a single user with a maximum of 10% of the gross building floor area devoted to an ancillary retail tenant. Ancillary tenants include all other businesses within the building, such as, optometrists, jewelers, McDonald's, etc. Since the proposed building is 130,342 square feet it would yield approximately 13,034 square feet for ancillary tenants. Issue No. 10: Applicant's Reason for Appeal: Condition T e. Limitations on floor area devoted to display of nontaxable sales items. In order to ensure that the Wal-Mart building is primarily geared to sale of taxable items the Planning Commission imposed a condition that a maximum of 10% of net floor area be devoted to non-taxable items. The condition is attempted to be supported by the Statement of Overriding Conseration relating to economic and social benefits of the project which outweigh its negative impact. In the first place, the Statement of Overriding Considerations refers to a minimum of 10% to a maximum of 20% of big box floor area being devoted to non-taxable sales items. Such flexibility would be far more reasonable in enabling Wal-Mart to competitively adjust to future market conditions. But more significantly, such a restriction is not a land use restriction at all, but is rather an impermissible condition relating to tax laws which have been preempted by State law. Moreover, such a condition would single Wal- Mart out and place it at a potential disadvantage with other big box retailers, and potentially interfere with Interstate Commerce. Most importantly, the condition is unnecessary in view of the well documented history of Wal-Mart and their sales tax generation. Staffs Response: The City Council's certification of EIR No. 97-1 included a Statement of Overriding Considerations because significant unavoidable environmental impacts remain in the areas of Air Quality and Land Use. The Statement of Overriding Considerations stated that the project's ability to generate a substantial amount of sales tax revenue was an important factor in approving the project and the economic benefits outweighed the environmental impacts. The City Council concluded that a guarantee of a retail sales tax generating use was important both now and in the future for the site. Thus, the Council determined that the project should be limited to between 10-20% of the floor area as display of non-taxable items. The Council's action made it possible for the Planning Commission to further define CD99-09 -13- 03/25199 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 the floor area for non-taxable items but made it clear that the number should be between 10- 20%. The Planning Commission evaluated the project and determined that a maximum of 10% of the net retail floor area should be devoted to display of non-taxable items. The Planning Commission's action, therefore, does not allow non-retail areas such as storage, offices, restrooms, etc. to be considered when calculating non-sales tax display area. Although a complete floor plan has not been provided at this time it is estimated that approximately 84% of the total 130,342 square foot building is comprised of retail sales floor area (84% of 130,342 sq ft = 109,487 sq ft net retail). Thus, approximately 10,948 square feet (or 10% of 109,487) would be the maximum allowable square footage devoted to display of non-taxable floor area. More refined calculations can be made once a complete and detailed floor plan is submitted. Planning staff concurs with the Planning Commission's condition of approval. Issue No. 11: Applicant's Reason for Appeal: Condition T f. Reuse of site or request for future demising walls requires Conditional Use Permit. This condition appears to be unique to the Wal-Mart store. No other commercial building is subject to this condition. Whether or not a reuse of the site or request for future demising walls requires a new Conditional Use Permit should be the subject of the City's Zoning Ordinance and be uniformly applied to all businesses, rather than only to the Wal- Mart store. Staffs Response: L Staff believes that this is an important condition of approval to maintain the compatibility of the property and the on-site operations with the adjacent residential uses in addition to maintaining the building as a retail sales tax generating use. Staff believes it is important for the Planning Commission to have discretion over the future use of the site because of its unique location and because of the potential to subdivide such a large building into several smaller suites or to convert to a non-sales tax generating use. CD99-09 -14- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Issue No. 12: Applicant's Reason for Appeal: Condition No. 8. Sidewalk improvements around Good Shephard Cemetery. As reflected by the staff report these improvements are across Talbert and relate to an existing deficiency around the cemetery. There is existing pedestrian traffic using an existing dirt path around the site. This is particularly true on Sundays where pedestrians are generally traveling to St. Vincent De Paul Church. As staff concludes "the proposed project did not cause and will not exacerbate the problem". Staff further acknowledges a condition or improvement required of a project must be directly related to the issues or problems caused by the project. In other words, there must be a clear nexus between the project and conditions imposed to solve problems or issues. The staff report of January 26, 1999, concludes "staff does not believe there is adequate nexus to impose a condition requiring off site improvements within the public right of way on the north side of Talbert or on the east side of Beach Boulevard". We concur. A vague reference to a "pedestrian study"adds nothing. Staffs Response: Staff acknowledges that our recommendation to the Planning Commission concluded that there was not a nexus to require a sidewalk on the north side of Talbert or the east side of Beach. However, the Planning Commission evaluated the project and determined that a pedestrian nexus study should be completed after the store has been in operation for six months. The pedestrian nexus study is only for the north side of Talbert and not the east side of Beach. At that time, if it is determined that adequate nexus does exist then the applicant will be required to install a sidewalk. A cash bond is also required at the time of Certificate of Occupancy to cover the cost of the sidewalk. Planning staff concurs with the Planning Commission's condition of approval. Issue No. 13: Applicant's Reason for Appeal: Code Requirement No. 17. Mitigation Measures in Environmental Impact Report 97-1, R-1, Construction of access to Lambert Park. No nexus exists between the project which is commercial in nature and the need for recreational opportunities for the condominium developments surrounding Lambert Park. The switch-back ramp in question would be a public improvement on City property made necessary by the Americans with Disabilities Act. It should not be a Mitigation Measure to this proposed development. CD99-09 -15- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Staffs Response: None of the mitigation measures adopted with the certification of EIR No. 97-1 are appealable. This includes the mitigation to provide access from Newland to Lambert Park. This particular mitigation measure was not required because the project is proposed as a commercial use but rather because the subject property was open and available as passive recreation use by the surrounding community even after the elementary school was closed. The access to Lambert Park is intended to provide an alternative passive recreation open space for the residents surrounding Crest View since proposed development at the site will eliminate the available recreation use. APPE L NO. 2. CITY OF FOUNTAIN VALLEY A second appeal of the Planning Commission's approval of the project was also filed by the City of Fountain Valley. Fountain Valley's issues have also been reprinted verbatim below followed by staffs responses. Issue No. 1. Introduction Applicant's Reason for Appeal: Huntington Beach's approval of the Wal-Mart project is understandable. The City of Huntington Beach is seeking a major retailer to bring sales tax to the City. Wal-Mart fulfills that goal. However, the City unfairly approved a project that will bring in substantial revenues to the City, and (after it has certified the EIR) directs the substantial burdens onto a neighboring City. These burdens are those that accompany the routing of traffic (especially truck traffic) down Talbert Avenue so that Fountain Valley residents bear the brunt of the noise and increased highway congestion and pollution that these trucks and other traffic will bring. The City of Fountain Valley objected to this last-minute action, but the Planning Commission ignored our objections. A copy of the City's letter to the Planning Commission is attached. Additionally, significant impacts have supposedly been mitigated, but no mitigation monitoring program was adopted, as required by CEQA. Staffs Response: Subsequent to the filing of the appeal by Fountain Valley, the applicant has submitted a revised site plan regarding on-site truck circulation (Atttachment No. 7). The revised site plan allows delivery vehicles to travel west past the garden center to the main entrance in order to make a left turn onto Talbert and then travel north on Beach to the freeway. Accordingly, staff recommends that Condition of Approval No. 1.d. be revised to eliminate the restriction stating that delivery vehicles must perform right turns only when exiting the site. Secondly, a Mitigation Monitoring Program for EIR No. 97-1 is included for adoption by the City Council (Attachment No. 5). CD99-09 -16- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Issue No. 2. General Grounds As a preliminary matter, it must be stated it is extremely difficult to identify all grounds for appeal when the City of Huntington Beach's minutes of the meetings are not prepared in a timely manner to facilitate such review. The City of Fountain Valley is still awaiting the minutes from the December 14, 1998, City Council meeting. The minutes of the January 26, 1998, Planning Commission meeting are also critical to asserting the appropriate grounds, yet because those are not available and the Municipal Code has required that matters be appealed within 10 days, the following is submitted as the City of Fountain Valley's good faith effort to identify the grounds for appeal: 1. The Environmental Impact Report for the project is deficient in a number of respects. 2. Failure of the Planning Commission to certify the Environmental Impact Report for this project when they approved the Conditional Use Permit on January 26, 1999. 3. Numerous mitigation measures were improperly deferred. 4. Failure of the Planning Commission to adopt a Mitigation Monitoring Plan as a part of the approval of the Conditional Use Permit, especially in light of the fact the City Council failed to do this as part of the approval of the General Plan amendment and Zone Change. 5. There is not substantial evidence to support a number of findings made by the Planning Commission, including but not limited to that the project will not be detrimental to the general welfare of persons working or residing in the vicinity of the project or detrimental to the value of property in the neighborhood, will be compatible with surrounding uses; and will not adversely affect the General Plan. (The grounds of appeal may be modified when the minutes are available for review.) Staff's Response: In response to the five issues stated above staff offers the following comments: 1. Staff believes EIR No. 97-1 as certified and approved by the City Council on December 14, 1998 is adequate and complete as required by the California Environmental Quality Act. 2. The Planning Commission was not required to certify EIR No. 97-1 when they approved CUP No. 97-70 on January 26, 1999 because the Planning Commission is a recommending body for environmental impact reports and not an approving body. In addition, EIR No. 97-1 was previously certified and approved by the City Council on December 14, 1998. 3. Each mitigation measure adopted for the project is identified with a specific timeframe for completion. CD99-09 -17- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 4. The Mitigation Monitoring Program is hereby forwarded to the City Council for approval (Attachment No. 5). 5. Staff believes that the project will not be detrimental to the general welfare of persons working or residing in the vicinity of the project, will not be detrimental to the value of property in the neighborhood, will be compatible with surrounding uses, and will not adversely affect the General Plan. Issue No. 3. Specific Grounds Redirection of Truck and Other Traffic into Fountain Valley Requires New Environmental Analysis The redirection of the truck and other traffic so the exclusive path of these delivery and other vehicles is Talbert Avenue, where it will impact Fountain Valley, is inappropriate and unlawful. It is a cardinal rule of the C.E.Q.A. law that the project description must be accurate. County of Invo v. City of Los Angeles 71 Cal.App.3d 185 (1977). If the project is not described completely, the environmental analysis will also be incomplete. Laurel Heights Improvement Association v. Regents 47 Cal.App.3d 376 (1998). The project also must not shift. If the project transmutes midway through the process, it prevents the EIR from serving as a vehicle for intelligent public participation in the decision making process. County of Inyo supra. If a project changes to create new impacts, the lead agency must include those in the EIR. If information is added during the EIR process but before certification, the EIR is required to be recirculated. Public Resources Code Section 21092.1; Laurel Heights Improvement Association v. Regents 6 Cal. App.4rn 1112 (1993); 14 Cal. Code Regs 15088.5. If the project changes after the EIR has been certified, a Supplemental or Subsequent EIR is required. Public Resources Code Section 21166 (a); 14 Cal. Code Regs 15162(a) (1). If the agency fails to do so, its actions in approving the project changes should be set aside. Concerned Citizens of Costa Mesa v. 32"d Architectural Association 45 Cal.App.3d 929 (1986). CD99-09 -18- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Staffs Response: The applicant has submitted a revised site plan eliminating the need for a condition of approval requiring all delivery trucks to turn right on Talbert Avenue and travel east into Fountain Valley (Attachment No. 7). The loading dock and delivery area has been redesigned so that delivery trucks, including large semi-trucks, are able to access the traffic signal at the main project entrance and are able to turn left onto Talbert Avenue. Subsequent to the filing of the appeal and the redesign proposed by the applicant, the City of Fountain Valley has requested that all delivery vehicles be required to turn left when exiting the site. Staff does not recommend a condition of approval restricting all delivery trucks (regardless of size) to making left turns only for the following reasons: ■ Only 2-3 large Wal-Mart semi-trucks are anticipated with a variety of other sized vendor delivery vehicles per day ■ Talbert is a designated truck route in both Huntington Beach and Fountain Valley ■ It would be impractical to enforce such a condition of approval ■ It is physically unlikely for large semi-trucks to turn right onto Talbert from the project's main entrance ■ It would be impractical to define what size delivery vehicles are restricted to left turns only since it is feasible for vans and UPS size trucks to turn right ■ The applicant has consistently desired a design accommodating left turns onto Talbert, thus Wal-Mart's preferred route is for trucks to travel westbound on Talbert ■ Staffs previous concerns with site design and safe traffic circulation regarding left turns have been eliminated in the most recent site design Issue No. 3 Continued Mitigation Monitorinq Program Deficiency The Mitigation Monitoring Program for the Wal-Mart project was not included with the Environmental Impact Report certified by the City Council on December 14, 1998. Moreover, the Mitigation Monitoring Program was not circulated for public review and requests by concerned residents to review the Mitigation Monitoring Program have gone unanswered. Because Huntington Beach has a substantial lag time in adopting official minutes of its meetings, it is difficult to know exactly what occurred in a meeting. The Notice of Determination (N.O.D.) filed for the General Plan and Zone Amendments states that no mitigation measures were made as a condition of the project approval. However, the Proposed Findings and Conditions of Approval for CUP No. 97-70 states that mitigation measures were proposed as a condition of the project. CD99-09 49- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 When a project is approved based on an EIR, Pub. Res. code 21081.6 requires a reporting or monitoring program be adopted at that time. No reporting or monitoring program was adopted at the time of project approval so Fountain Valley residents could be assured the mitigation measures would be properly implemented. Staffs Response: Although minutes of the meeting were not available at the time of the appeal, videotapes of the meetings are available for review at the Public Library and also for purchase through the City and the meetings were public hearings and open to attendance by all interested parties. Along with this appeal of the project, Staff has submitted the Mitigation Monitoring Program for approval by the City Council (Attachment No. 5) E. STAFF RECOMMENDATION: Staff recommends the City Council uphold the Planning Commission's approval of Conditional Use Permit No. 97-70/ Variance No. 98-18/ Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 with modifications and deny the applicant's request for revisions to conditions of approval. The modifications to the conditions of approval are reflective of an amended site plan submitted by the applicant to accommodate large semi- delivery trucks at the main project entrance. Staff also recommends that the City Council deny the appeal by the City of Fountain Valley since the applicant's revised site plan eliminates the requirement for delivery vehicles to travel east on Talbert Avenue into the City of Fountain Valley. Environmental Status: In accordance with the California Environmental Quality Act, Draft Environmental Impact Report (DEIR) No. 97-1 was prepared by Planning Consultants Research (PCR) a consultant hired by the City to analyze the potential impacts of the project. The document was adopted and certified by the City Council on December 14, 1998, prior to approving General Plan Amendment No. 97-1 and Zoning Map Amendment No. 97-1. The proposed development of the site, which is the subject of this appeal is covered under the certified EIR No. 97-1. The Mitigation Monitoring Program (Attachment No. 5) is the formal documentation required by the California Environmental Quality Act (CEQA) to implement and monitor compliance with all mitigation measures. CD99-09 -20- 03/25/99 3:04 PM REQUEST FOR ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PL99-09 Attachment(s): City Clerk's . . - NumberDescription1 Legislative Draft - Findings and Suggested Conditions of Approval Conditional Use Permit No. 97-70/ Variance No. 98-18/ Tentative Parcel Map No. 97-161/ Design Review Board No. 97-8 2 Appeal Letter Received from Tom Love, Arnel Retail Group on February 4, 1999 3 Appeal Letter Received from John J. Collins, Mayor, City of Fountain Valley on February 5, 1999 4 Matrix of Appealed Issues 5 Request for Council Action dated March 15, 1999 and Mitigation Monitoring Program 6 Planning Commission Staff Report dated January 26, 1999 7 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 8 Alternative Elevation Suggested by Urban Design Studio 9 Alternative Site Plan — Reconfiguration of the Site HZ:HF:JM:kjl CD99-09 -21- 03/25/99 3:04 PM a = n �a V , ATTACHMENT NO. 1 LEGISLATIVE DRAFT—APRIL 5, 1999 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 97-70/ VARIANCE NO. 98-18/ TENTATIVE PARCEL MAP NO. 97-161/ DESIGN REVIEW BOARD NO. 97-8 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 97-70: 1. 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 environmental 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 staff s 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 y 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. (98SR51 j3)—4/5/99 Attachment No. 1.1 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 with a floor area ratio of 0.35) on the subject property. In addition, it is consistent with 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 staff s 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 loading/unloading docks along Talbert Avenue. The proposed driveway 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-F 1 (General Commercial with a floor area ratio of 0.35) on the subject property because with 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. (98SR51 j3)—4/5/99 Attachment No. 1.2 P•' FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 97-161: 1. Tentative Parcel Map No. 97-161 for subdivision of the subject site into four parcels is consistent with the General Plan Land Use Element designation of CG-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 meets all 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. 97-1 (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 j3)—4/5/99 Attachment No. 1.3 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. 'ite P!,-J. t@ iRdi.,.,te tL.,t tl.e+,., 1 1 .,.1;,, , and d,.;.,o.,,.,y d@Sig Will ,.ost,.;et Elel; ehieles to per-feR:aing gi-A ti—m:ffs ,, l ut e f-the site me T.,lhe.w 4; 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. (98SR51j3)—4/5/99 Attachment No. 1.4 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 Zoning Administrator. i. 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) 1. 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) in. 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 shall 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 all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. 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. (98SR51 j3)—4/5/99 Attachment No. 1.5 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 Planning 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). (98SR51 j3)—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 docks. 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 operation of the project may be required if deemed necessary by the Director of Public Works. (PW) (98SR51j3)—4/5/99 Attachment No. 1.7 c. 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 shall coordinate with adjacent property owners 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 Q10 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 within the parking lot warning patrons of potential flooding. The covenant shall be reviewed 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. (PV) 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) (98SR51 j3)—4/5/99 Attachment No. 1.8 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 BMPs. The SWPPP 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. (PW) 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. j. 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: (98SR51 j3)—4/5/99 Attachment No. 1.9 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 Carrotwood 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#14.52 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. (PW) e. An erosion control plan shall be submitted to the Department of Public Works. (PW) 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. (PW) 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 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) (98SR51 j3)—4/5/99 Attachment No. 1.10 i. 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 project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 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, cooling, 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 j3)—4/5/99 Attachment No. 1.11 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. r 2. Soil binders shall be used. 3. Street sweeping shall be implemented, as necessary. 4. Vegetative ground cover planting shall be required 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. 6. 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. (98SR51 j3)—4/5/99 Attachment No. 1.12 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. Backflow 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) (98SR51 j3)—4/5/99 Attachment No. 1.13 4) A fire alarm system will be installed to comply with 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) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low 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. (FD) 9) Submit to the Fire Department for approval of a Fire Protection Plan containing requirements 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 with Fire Department regulations and Uniform Building Code Standards. (FD) 12)Comply with Fire Code requirements for opticom signal, if deemed necessary by the City of Huntington Beach Fire Chief. (FD) 13)Standpipes with fire 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) (98SR51j3)—4/5/99 Attachment No. 1.14 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) in. 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 the 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. 7. The use shall comply with the following: a. All deliveries to the site shall occur between 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, that can not be accommodated within a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for access to the site. 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. (98SR51 j3)—4/5/99 Attachment No. 1.15 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% of 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) i. 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) 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. in. No overnight sleeping or camping shall be permitted on the property. (98SR51 j3)—4/5/99 Attachment No. 1.16 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 (1995). 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. t. The installation of any underground storage tanks by the project applicant and/or owner, tenants, and third-party vendors will conform with 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. (98SR51 j3)—4/5/99 Attachment No. 1.17 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 Planning-Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 10. This 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 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 REQUIREMENTS: THESE CODE REQUIREMENTS 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. 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 revoke 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-way. (PW) (98SR51 j3)—4/5/99 Attachment No. 1.18 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. 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 with the Mitigation Monitoring Program. CONDITIONS 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. (98SR51 j3)—4/5/99 Attachment No. 1.19 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. (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL MAP NO. 97-161: 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. (98SR51 j3)—4/5/99 Attachment No. 1.20 x RE.CEI'.a EJ CITY CLERK CITY OF ii HtJKITI'NG LAN. BF CH. CA. February 3, 1999 lggq FEB --Li A 2: 4 City Clerk CITY OF HUNTINGTON BEACH Box 190 Huntington Beach, CA 92648 RE: Notice of Appeal of Conditional Use Permit No. 97-70 tCMg iew School /Wal--Mart) This Notice of Appeal is submitted on behalf of the Project Applicant, Arnel Retail Group, 949 South Coast Drive, Suite 600, Costa Mesa, California 92626, attention: Greg McClelland, Tom Love. The decision appealed from is the decision of the Planning Commission relating to Conditional Use Permit No. 97-70 (Crestview School / Wal-Mart) on January 26, 1999. The appeal is to the City Council of the City of Huntington Beach. The grounds for appeal relate to the appropriateness, support for, and legality of certain conditions of approval imposed on the project by the Planning Commission. More specifically the conditions objected to are as follows: 1. Condition No. 1 b. Loading docks enclosed and relocation of at-grade dock Fully enclosing the loading docks and relocating the at-grade loading dock within the enclosed loading area, is unnecessary to making the project compatible with surrounding uses. The project is already conditioned to provide a substantial landscape buffer, including a berm adjacent to residential uses, along with a 12 foot wall. As such, the project will meet all noise requirements of the City of Huntington Beach, without the need for this condition. This is further borne out by the project noise study prepared by Colia Acoustical Consultants dated June 29, 1998. It should be noted that the noise study was based upon twenty-four (24) hours of operations and deliveries at Wal-Mart. 2. Condition 1 e. Eight (8) foot high wall of high quality design and decorative materials to match the building. This wall was always intended to be landscaped by vines. As such, it would appear wasteful to describe it as of "high quality design and decorative materials to match the building". These terms are vague and misleading, and unnecessary to making the project compatible with surrounding uses. 949 South Coast Drive • Suite 600 - Costa Mesa,California 92626 - 714 481-5000 - Fax 714 481-5083 City Clerk City of Huntington Beach February 3, 1999 Page -Two- 3. Condition 4n. Traffic progression, signal analysis. Insofar as the condition requires the completion of a traffic progression signal analysis subject to review and approval of the City Traffic Engineer, it would appear to be vague and ambiguous with little or no nexus to the project itself. It would appear to relate rather to the general traffic circulation of the City as a whole. 4. Condition 6c. Landscaped median within Talbert Avenue right-of-way. As indicated in the staff reports the landscaped medians within Talbert emanate from the Master Plan of Arterial Street Median Landscape Development adopted in 1986, rather than from any nexus with the project in question. The landscape medians are aesthetic in nature and help ensure traffic circulation through the entire community. They are not the result of or made necessary by the project in question. This is particularly true as a result of trucks exiting the project which are restricted.to a right turn onto Talbert and then required to follow a designated truck route to the 405 Freeway. As demonstrated by the Environmental Impact Report the proposed project will not contribute significant trips to degrade the level of service at area.intersections during off peak hours. Thus, the small incremental increase in traffic will result in an impact that was considered less than significant. (See, Final Environmental Impact Report, page 24; see also the June 29, 1998 letter signed by Hans Van Liten including Exhibit "D", which is a review of the traffic impact analysis by Linscott, Law & Greenspan signed by Kyle D. Mayberry). 5. Condition 6m. The double paneing of windows for homes located on Talbert This off site requirement does not stem from any noise generated by the project, but rather from general traffic conditions on Talbert Avenue. There is no evidence to suggest the proposed project will either cause or exacerbate the existing problem, if any. Therefore, there is no legal nexus between the project and the problem or issue proposed to be addressed or solved by this condition. In the absence of such a nexus the condition cannot be legally imposed. In the alternative, if any nexus exists, any contribution by the project must be limited to its fair share of contribution to the problem being addressed. 6. Condition 7a. Delivery vehicles that cannot be accommodated within a 9 foot wide by 19 foot deep parking stall shall utilize enclosed delivery bays. This condition is unduly restrictive and virtually impossible for Wal-Mart to enforce. Obviously all large delivery trucks will use the delivery bays consistent with Wal-Mart's operation. City Clerk City of Huntington Beach February 3, 1999 Page -Three- 7. Condition No. 7a and b. _Limitation of deliveries and.hours.of operation. The applicant would expect that all deliveries to the site, as well as all other aspects of store operation shall meet the City of Huntington Beach Noise Code. That should be the extent of the restriction. To suggest any hours restrictions relating to deliveries and/or customer hours, are both unnecessary and redundant. They not only interfere with Interstate Commerce, but potentially place Wal-Mart at a competitive disadvantage and are counter-productive in terms of achieving maximum sales and, therefore, tax dollars to the City of Huntington Beach. 8. Condition No. 7c. Outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking 164 on sidewalks, or any portion of the project site. This condition is appealed for clarification purposes to clarify that Wal-Mart may utilize the sidewalk area in front of its store for display of seasonal, holiday, special events, and temporary outdoor sales events provided that a minimum five foot wide sidewalk area is maintained. 9. Condition No. 7d. Wal-Mart building designated as single user. It is the desire of appellant to have this condition clarified to make sure that Wal-Mart may utilize independent vendors, such as optometrists, jewelers, McDonalds, etc. Obviously, the design of the building must accommodate these vendors to some extent. Moreover, Wal-Mart would like flexibility to exceed the 10% limitation to respond to changing market conditions. 10. Condition No. 7e. Limitations on floor area devoted to display of nontaxable sale items. In order to ensure that the Wal-Mart building is primarily geared to sale of taxable items the Planning Commission imposed a condition that a maximum of 10% of net floor area be devoted to non-taxable items. The condition is attempted to be supported by the Statement of Overriding Consideration relating to economic and social benefits of the project which outweigh its negative impact. In the first place, the Statement of Overriding Considerations refers to a minimum of 10% to a maximum of 20% of big box floor area being devoted to non-taxable sales items. Such flexibility would be far more reasonable in enabling Wal-Mart to competitively adjust to future market conditions. But more significantly, such a restriction is not a land use restriction at all, but is rather an impermissible condition relating to tax laws which have been preempted by State law. Moreover, such a condition would single Wal-Mart out and place it at a potential disadvantage with other big box retailers, and potentially interfere with Interstate Commerce. Most importantly, the condition is unnecessary in view of the well document history of Wal-Mart Stores and their sales tax generation. City Clerk City of Huntington Beach February 3, 1999 Page -Four- 11. Condition No. 7f. Reuse of site or request for future demising walls requires Conditional Use Permit. This condition appears to be.unique.to the Wal-Mart store. No other commercial building is subject to this condition. Whether or not a reuse of the site or request for future demising wall requires.a new Conditional Use Permit should be the subject of the City's Zoning Ordinance and be uniformly applied to all businesses, rather than only to the Wal-Mart store. 12. Condition No. 8. Sidewalk improvements around Good Shephard Cemetery. As reflected by the staff report these improvements are across Talbert and relate to an existing deficiency around the cemetery. There is existing pedestrian traffic using an existing dirt path around the site. This is particularly true on Sundays where pedestrians are generally traveling to St., Vincent De Paul Church. As staff concludes "the proposed project did not cause and will not exacerbate the problem". Staff further acknowledges conditions or improvements required of a project must be directly related to the issues or problems caused by the project. In other words, there must be a clear nexus between the project and conditions imposed to solve problems or issues. The staff report of January 26, 1999, concludes "staff does not believe there is adequate nexus to impose a condition requiring off site improvements within the public right of way on the north side of Talbert or on the east side of Beach Boulevard". We concur. A vague reference to a "pedestrian study" adds nothing. 13. Code Requirement No. 17. Mitigation Measures in Environmental Impact Report 97-1, R-1, Construction of access to Lambert Park No nexus exists between the project which is commercial in nature and the need for recreational opportunities for the condominium developments surrounding Lambert Park. The switch-back ramp in question would be a public improvement on City property made necessary by the Americans With Disabilities Act. It should not be a Mitigation Measure to this proposed development. Project Applicant ARNEL RETAIL GROUP By: Thomas F. Love i t F �puNTq,,y CITY OF FOUNTAIN VALLEY CITY HALL 10200 SLATER AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 C��UNTL�3E� February 5, 1999 City Clerk City of Huntington Beach 2000 Main Street P. O. Box 190 f` �'o'0'0 ;-cr-n Vo ra Huntington Beach, CA 92648 RE: NOTICE OF APPEAL OF THE HUNTINGTON BEACH PLANNIW7 COMMISSION'S DECISION -WAL-MART PROJECT ' Dear City Clerk: 1. This Notice of Appeal is submitted pursuant to Huntington Beach Municipal Code Section 248.20. 2. This appeal is filed by the City of Fountain Valley, 10200 Slater Avenue, Fountain Valley. The appeal is being made on behalf of the residents of this City, especially those impacted by the decision of the Planning Commission and the citizens'group known as S.T.O.P. (Appellant seeks a waiver of the appeal fee pursuant to Government Code Section 6103, which provides, in pertinent part, that the City shall not be required to pay a fee to file any document in any proceeding or for the performance of any official service.) 3. The Decisions being appealed are as follows: • Conditional Use Permit No. 97-70 for the establishment, maintenance and operation of the 134,470 sq. ft. Wal-Mart with the 9,431 sq. ft. garden center and three (3) other retail/restaurant pads ranging in size from 3,500 sq. ft. to 5,500 sq. ft.; • Variance No. 98-18 to permit a drive aisle opening along the minimum 100 ft. long main driveway; and • Tentative Parcel Map No. 97-161 to subdivide the property into four parcels. Huntington Beach City Clerk Notice of Appeal February 5, 1999 Page 2 4. The grounds for appeal are as follows: Introduction Huntington Beach's approval of the Wal-Mart project is understandable. The City of Huntington Beach is seeking a major retailer to bring sales tax to the City. Wal-Mart fulfills that goal. However, the City unfairly approved a project that will bring in substantial revenues to the City, and (after it has certified the EIR) directs the substantial burdens onto a neighboring City. These burdens are those that accompany the routing of traffic (especially truck traffic) down Talbert Avenue so that Fountain Valley residents bear the brunt of the noise and increased highway congestion and pollution that these trucks and other traffic will bring. The City of Fountain Valley objected to this last-minute action, but the Planning Commission ignored our objections. A copy of the City's letter to the Planning Commission is attached. Additionally, significant impacts have supposedly been mitigated, but no mitigation monitoring program was adopted, as required by CEQA. General Grounds As a preliminary matter, it must be stated it is extremely difficult to identify all grounds for appeal when the City of Huntington Beach's minutes of the meetings are not prepared in a timely manner to facilitate such review. The City of Fountain Valley is still awaiting the minutes from the December 14, 1998, City Council meeting. The minutes of the January 26, 1998, Planning Commission meeting are also critical to asserting the appropriate grounds, yet because those are not available and the Municipal Code has required that matters be appealed within 10 days, the following is submitted as the City of Fountain Valley's good faith effort to identify grounds for appeal: 1. The Environmental Impact Report for the project is deficient in a number of respects. 2. Failure of the Planning Commission to certify the Environmental Impact Report for this project when they approved the Conditional Use Permit on January 26, 1999. 3. Numerous mitigation measures were improperly deferred. 4. Failure of the Planning Commission to adopt a Mitigation Monitoring Plan as a part of the approval of the Conditional Use Permit, especially in light of the fact the City Council failed to do this as part of the approval of the General Plan amendment and Zone Change. i Huntington Beach City Clerk Notice of Appeal February 5, 1999 Page 3 5. There is not substantial evidence to support a number of findings made by the Planning Commission, including but not limited to that the project will not be detrimental to the general welfare of persons working or residing in the vicinity of the project or detrimental to the value of property in the neighborhood; will be compatible with surrounding uses; and will not adversely affect the General Plan. (The grounds of appeal may be modified when the minutes are available for review.) Specific Grounds Redirection of Truck and Other Traffic Into Fountain Valley Requires New Environmental Analysis The redirection of the truck and other traffic so the exclusive path of these delivery and other vehicles is down Talbert Avenue, where it will impact Fountain Valley, is inappropriate and unlawful. It is a cardinal rule of the C.E.Q.A. law that the project description must be accurate. County of Inyo v. City of Los Angeles 71 Cal.App.3d 185(1977). If the project is not described completely, the environmental analysis will also be incomplete. Laurel Heights Improvement Association v. Regents 47 Cal.App.3d 376 (1998). The project also must not shift. If the project transmutes midway through the process, it prevents the EIR from serving as a vehicle for intelligent public participation in the decision making process. County of Inyo, supra. If a project changes to create new impacts, the lead agency must include those in the EIR. If information is added during the EIR process but before certification, the EIR is required to be recirculated. Public Resources Code Section 21092.1; Laurel Heights Improvement Association v. Regents 6 Cal.App.4th 1112 (1993); 14 Cal. Code Regs 15088.5. If the project changes after the EIR has been certified, a Supplemental or Subsequent EIR is required. Public Resources Code Section 21166(a); 14 Cal. Code Regs 15162(a)(1). If the agency fails to do so, its actions in approving the project changes should be set aside. Concerned Citizens of Costa Mesa v. 32nd Architectural Association 42 Cal.App.3d 929 (1986). Mitigation Monitoring Program Deficiency The Mitigation Monitoring Program for the Wal-Mart project was not included with the Environmental Impact Report certified by the City Council on December 14, Huntington Beach City Clerk Notice of Appeal February 5, 1999 Page 4 1998. Moreover, the Mitigation Monitoring Program was not circulated for public review and requests by concerned residents to review the Mitigation Monitoring Program have gone unanswered. Because Huntington Beach has a substantial lag time in adopting official minutes of its meetings, it is difficult to know what exactly occurred in a meeting. The Notice of Determination (N.O.D.) filed for the General Plan and zone amendments states that no mitigation measures were made as a condition of the project approval. However, the Proposed Findings and Conditions of Approval for CUP No. 97-70 states that mitigation measures were proposed as a condition of the project. When a project is approved based on an EIR, Pub. Res. Code 21081.6 requires a reporting or monitoring program be adopted at that time. No reporting or monitoring program was adopted at the time of project approval so Fountain Valley residents could be assured the mitigation measures would be properly implemented. Conclusion For all of the above reasons, it is requested the Huntington Beach City Council reverse the decision of the Planning Commission and make determinations that do not unfairly place many of the burdens of this project on the citizens of Fountain Valley. If the Huntington Beach City Council does not reverse this inequitable action, the City of Fountain Valley will aggressively pursue other measures afforded to us in law and equity. Very truly yours, Jo J. Coy in , Mayor JJC:Is Attachment c: Fountain Valley City Council City Manager City Attorney Planning Manager i CITY OF FOUNTAIN VALLEY CITY HALL 10200 SLATER AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-4736 =y9,�7�v�•\\�e�.:- OFFICE OF CITY MANAGER (714)593-4410 ?;,. Fax(714)593-4494 ���� Email:Ncity®ix.netcom.com January 26, 1999 Mr. Fred Speaker, Planning Commission Chair City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Conditional Use Permit No. 97-70-Proposed Wal-Mart Project Dear Mr. Speaker: The City of Fountain Valley has reviewed the staff report and suggested conditions of approval for the proposed 130,000 sq. ft. Wal-Mart and three other ancillary retail/restaurant pads to be located on the Crestview Elementary School site and provides the following concerns. As stated in former correspondence regarding traffic issues identified in the certified environmental impact report (EIR) and in separate correspondence to the Huntington Beach City Council, City Administrator, and planning staff,the City of Fountain Valley feels the proposed project will increase traffic and will create a significant negative impact to the arterial streets and intersections of Fountain Valley. In a letter from the City of Fountain Valley Traffic Engineer, the following concern was expressed. The City of Fountain Valley still maintains that the trip generation and assignment to Talbert Avenue in the traffic study included in the EIR does_ not adequately address the regional access nature of Talbert Avenue. In the traffic analysis, 59% of the project trips are assigned to Talbert Avenue east of the proposed development. While this appears reasonable, the distribution of most of these trips (42% of the total) is assigned to Newland Street just before entering Fountain Valley. Newland Street provides no direct access to regional transport tion-facilities such as 1-405; whereas, Talbert Avenue and MagrKAia treet provide access to 1-405. None of the cumulative projects identified in the traffic study assigns any significant amount of traffic to Newland Street. Further, one cumulative project near the proposed Wal-Mart assigns 35% of its traffic to Talbert Avenue and only 4% to Newland Street. This is a significant inconsistency that incorrectly reduces the traffic projections on Talbert Avene in Fountain Valley and, hence, the project's overall traffic impact. Planning Commission Chairman Wal-Mart Comments January 26, 1999 Page 2 Now that the proposed Wal-Mart project is agenized for Planning Commission with staff recommending approval, the City of Fountain Valley feels the concern regarding truck traffic should be addressed. Specifically, the staff analysis on page five of the staff report .dated January 26, 1999, recommends trucks exiting the site be restricted to right turns onto Talbert Avenue. In effect, the recommendation and the.suggested language in the third paragraph in condition of approval No. 1 a will direct all of the projecVs truck traffic into the City of Fountain Valley. The City of Fountain Valley is strongly opposed to staffs recommendation and suggested condition of approval restricting truck traffic to right turns onto Talbert Avenue. The City of Fountain Valley should not be burdened with the potential negative impacts resulting from all of the truck traffic exiting the site. Further,the impact of the right- turn only requirement to Talbert Avenue was not analyzed in the EIR which has been certified by the Huntington Beach City Council. Since the right-turn only restriction has the potential to create additional significant environmental impacts that have not been analyzed or disclosed through the EIR process, the City of Fountain Valley recommends the restriction be deleted. Since the right-turn restriction is inconsistent with the EIR analysis, the recommended.condition of approval should not be approved or should be reviewed based:on a supplement to the EIR process. It is recommended all of the truck traffic be restricted to Beach Boulevard, and the portion of Talbert Avenue east of Beach Boulevard to the site, as access for all truck traffic. Should you have any questions regarding this matter, please contact Robert Franklin of Fountain Valley's Planning Division at (714) 593-4427. Thank you for your consideration. Very truly yours, R and H. Kromer City Manager RHK:rlf c: City Council Director of Public Works Planning Manager file Huntington Beach City Council Huntington Beach City Administrator Huntington Beach City Clerk -� l ; s � �, � . � � _� _� � ', £ �� z `� � �' � � CREST VIEW - APPEAL ISSUES MATRIX City Council Public Hearing April 5, 1999 ARNEL'S APPEAL ISSUES ITEM :`ISSUE r ,�° PC/,STAFF r APPLICANT'S PROPOSAL/ CIT,Y COUNCIL NOTES s ,, n..e, .NO. "f`! ''q RE'COMIVI'ENBATION ;; RESPONS`EP Condition of A" royal No. ;' u 1. Loading docks; Fully enclose loading docks; Opposed to enclosing docks; At-grade dock Relocate at-grade dock to enclosure Desire use of landscaping and screenwall 2. Perimeter Wall Provide decorative materials to match Opposed; Desire use of vines building(Le.) 3. Traffic Progression Signal Analysis Required to ensure proper timing of Opposed; No traffic progression traffic signal at main driveway analysis between Beach/Newland(4.n.) 4. Landscape median in Talbert Raised landscape median required per Opposed; Desire painted median Master Plan for Arterial Streets and Median Landscape Development (6.c.) 5. Double Pane Windows Required to double pane windows of Opposed;No double pane 8 homes fronting Talbert between windows Crest View and Hartlund(6.m.) 6. Delivery Vehicles and Enclosed Delivery All delivery vehicles larger than a Opposed; Request no restrictions Bays typical parking stall shall utilize fully enclosed delivery bays(7. a.) 7. Delivery Hours; Limit deliveries to 7:00 AM to 10:00 Opposed; Desire 24 hour Customer Hours PM unless noise study verifies operations compliance w/noise code and max 8 ft high wall(7.a.); Customer Hours=7:OOAM-10:00PM (7.b.) 1 ITEMS "ISSUE STAFF R-ECOMIV[ENDATION ' ABPLICOANT'S,PROPOSAL/ ,j,EJOT 4 COUNCIL)NOTESI" v, .. E ai s ,a. .$,� '. ,,yi'..P:� ' NO Condition of A royal No RESP.ONSE,:, �, . ,�.,. , 8. a. Outdoor display in parking lot and Comply with HBZSO —obtain Opposed; Do not require sidewalk sales display along bldg wall Temp. Activity Permit for all Special additional permit—allow Events and provide 5 ft wide sidewalk permanent outdoor display along (7.c.) bldg wall w/5 ft wide sidewalk 9. Wal-Mart as single user Max. 10% of gross building floor area Opposed; Do not require devoted to ancillary retail tenant optometrist,jeweler, McDonald's, (optometrist,jeweler, McDonald's, etc.to be counted as an ancillary etc.=ancillary tenant)(7.d.) tenant 10. Floor Area Devoted to Non-Taxable Maximum of 10%of net retail floor Opposed; Allow at least 10-20% Sales Items area(excludes offices,restrooms, of floor area for display of non- storage,etc.)to be devoted to display taxable sales items of non-taxable sales items( Te.) 11. Re-use of Site/ Future Demising Walls Any reuse or future tenant demising Opposed; Do not require special walls require approval of a CUP by conditions Planning Commission (7.f.) 12. Sidewalk on north side of Talbert Complete pedestrian study after 6 Opposed; Do not require months of operation and install sidewalks sidewalk from Beach to east PL of cemetery if necessary; Submit bond to cover cost of improvement(8.) 13. Lambert Part Mitigation Measure Provide access from Newland to Opposed; Do not require access to Lambert Park Lambert This mitigation measure is not appealable (g:\matrix7) 2 CITY OF FOUNTAIN VALLEY'S APPEAL ISSUES: ITEM ISSUE STAF$F,,RECOMMENDATION FOUNTAIN VALLE ' S T6TITY&OUNCIL NOTES y; t9'nE1 P '..da i s t° :, .?a.," ,PPdt ��,'i. Condition of A" royal No. PROPOSAL/RESPONSE ,, .,, .. 1. Truck Travel on Talbert Revised site plan accomodates left Requests condition of approval turns for Wal-Mart delivery trucks; requiring left turns only onto Recommend revising condition Talbert for delivery trucks deleting requirement requiring right turns only for trucks 2. CEQA Compliance * EIR No. 97-1 certified and adopted Believes CEQA process by City Council on 12/14/98; inadequate Mitigation Monitoring Program submitted for approval 4/5/99 * EIR No. 97-1 is subject to a lawsuit filed by Save the Open-space and Parks Alliance. The United States court system will ultimately determine whether the City of Huntington Beach followed procedures mandated by the California Environmental Quality Act in regards to the Crest View development proposal by Arnel Retail Group. Staff recommends no discussion on this matter. (gAmatrix7) 3 RE ;_ Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: March 15, 1999 Department ID Number: PL99-18 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `� "�`•=r�^ SUBMITTED BY: RAY SILVER, City Administrate �PREPARED BY: HOWARD ZELEFSKY, Planning Director a SUBJECT: APPROVE MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL IMPACT REPORT NO. 97-1 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Transmitted for your consideration is a Mitigation Monitoring Program requiring implementation and completion of Mitigation Measures identified in, Environmental Impact Report No. 97-1(EIR) for the potential development of the closed Crest View School. Crest View School is located on the south side of Talbert Avenue approximately 300 feet east of Beach Boulevard. EIR No. 97-1 was certified and adopted by the City Council on December_ 14, 1998 along with the approval of General Plan Amendment No. 97-1 and Zoning Map Amendment No. 97-1. The approved entitlements represent requests to amend the general plan and zoning designations from P (Public with underlying Low Density Residential) to General Commercial. The EIR also analyzed and disclosed the possible environmental impacts associated with the potential development of a 130,342 square foot Wal-Mart with an 8,158 square foot garden center as well as three retail/restaurant pads ranging in size from 3,500 to 5,500 square feet. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Mitigation Monitoring Program for Environmental Impact Report No. 97-1 (ATTACHMENT NO. 1).° i REQUEST FOR ACTION MEETING DATE: March 15, 1999 DEPARTMENT ID NUMBER: PL99-18 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Continue Mitigation Monitoring Program for Environmental Impact Report No. 97-1 and direct staff accordingly." Analysis: As stated earlier, EIR No. 97-1 was certified and approved by the City Council on December 14, 1998. Along with the certification of the EIR, the City Council approved a general plan amendment and zoning map amendment to redesignate the property from Public to General Commercial. A Notice of Determination describing the Council's action was sent to the County of Orange Clerk Recorder's Office for a 30 day posting as required by CEQA. The Notice of Determination described that mitigation measures had not been made a condition of approval of the project because it was not appropriate to attach conditions of approval to the general plan amendment and zoning map amendment. On January 26, 1999, the Planning Commission reviewed and approved .the Wal-Mart development request with findings, modified conditions of approval, and mitigation measures as identified in EIR No. 97-1. The conditions of approval for the project reference and require compliance with all mitigation measures disclosed . and recommended in the environmental analysis. The Planning Commission's action has since been appealed to the City Council. However, it should be noted that none of the mitigation measures previously certified by the City Council may be appealed. The Mitigation Monitoring Program is the formal documentation required by the California Environmental Quality Act (CEQA) to implement and monitor compliance with all mitigation measures. Staff is recommending approval (Recommended Action) because the Mitigation Monitoring Program establishes which City departments are responsible for ensuring completion and compliance with all adopted mitigation measures. Environmental Status: In accordance with the California Environmental Quality Act, Environmental Impact Report No. 97-1 was prepared by Planning Consultants Research (PCR), a consultant hired by the City, to analyze the potential impacts of the entire project. The EIR was certified by the City Council on December 14, 1998, prior to approving and adopting General Plan Amendment No. 97-1 and Zoning Map Amendment No. 97-1. The Mitigation Monitoring Program is a CEQA requirement to ensure that mitigation measures adopted pursuant to CEQA are being f y implemented. 2 CD99-18 -2. 03/04/99 9:23 AM REQUEST FOR ACTION MEETING DATE: March 15, 1999 DEPARTMENT ID NUMBER: PL99-18 Attachment(s): DescriptionCity Clerk's Page Number No. 1. EIR No. 97-1 —Mitigation Monitoring Program HZ:HF:JM:kjl i 3 CD99-18 -3- 03/04/99 9:23 AM 3 do: 1 F� i(+ a`4v 11 W{SW,, w •�E� 4 f p�vi 5•'�`� 't rKr'� N �C MITIGATIO\'MONITORING PROGRAM State Clearinghouse No. 97081046 CREST VIEW SCHOOL SITE MITIGATION MONITORING AND 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 "reporting 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 respomsible 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. s Page 1 of 3 MITIGATION MEASURE TIME OF MONITOR VERIFICATION OF DATE OF COMPLIANCE COMPLIANCE COMPLIANCE Trans ortation/Curculation 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 The applicant shall install a protected left-turn signal at the Prior to issuance of City Engineer Newland Street/Talbert Avenue intersection. Certificate of Occupancy T-3 The applicant shall contribute a fair share payment to the Prior to issuance of City Engineer City of Fountain Valley to mitigate the deficiency described Certificate of Occupancy at the intersection of Talbert Avenue and Bushard Street based on the vehicle trips added to the intersection as predicted in the traffic impact 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 traffic im act assessment. Noise N-1 Store deliveries shall be limited to between the hours of Post-Construction, Planning Department 7:OOA.M. and 10:00 P.M. Ongoing 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 noise generated by on-site activities, including truck deliveries and loading dock operations. The study shall determine the precise height of a noise wall system required along the cast and south property boundaries to successfully shield adjacent residential uses. (Based on the noise analysis conducted for this EIR, an approximate 12-foot high wall will be required along the entire cast property and a portion of the south boundary, and an approximate ten-foot high wall will be' required along the balance of the south property boundary). This study shall be reviewed and approved by the City's Community Development Department prior to the issuance of grading permits. N-3 Prior to the issuance or occupancy permits, an appropriate Prior to issuance. of Building Department noise wall system (pursuant to Mitigation Measure N-2) Certificate of Occupancy Planning Department shall be constructed to the satisfaction of the City Engineer permits Pop 2 ora N MITIGATION MEASURE TIME OF MONITOR VERIFICATION OF DATE OF •� COMPLIANCE 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 requirements of the Americans with Disabilities Act. Department R-2 A Phase I archaeological study, including a literature 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 access improvements. In the event that constraints are identified, an archaeological monitor shall 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 issuance 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: i Phase 1—Upon development of the Crest View School site, Prior to issuance of Community Services facilities at Lake View School should be improved to building permits at Crest Department accommodate the youth soccer and youth softball activities View. Planning Department previously accommodated at Crest View. *s will require the relocation of two softball backstops and the installation of one soccer field at Lake View. Phase 2 — Upon development of.the Rancho View School Prior to issuance of Community Services site, the Lake View School. site facilities should be building permits at Department reconfigured to accommodate two skinned infield baseball Rancho View. Planning Department diamonds (for the OV Little League). 'I'he softball and soccer field of Lake View School will then need to he rclocmcd to Ilic Park View SchooliMurdy Park site. Page 3 of3 fit. - � 4 F ` A k 44 d �. �a.�fi,..., 'fin-. ;-- g n '><Srra.�F '�S¢r ,3x, rrp� �T i+P�,y "_ 1- sgCix�ty, ofHuatington�Beach Manning�epar ment 'R T F � � �5AFFREPRT v[+'.*3V TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Jane Madera,Associate Planner DATE: January 26, 1999 SUBJECT: CONDITIONAL USE PERMIT NO. 97-70/VARIANCE NO. 98-18/ TENTATIVE PARCEL MAP NO. 97-161/DESIGN REVIEW BOARD NO. 97-8 (Crest View School Site/Wal-Mart) LOCATION: 18052 Lisa Lane (Closed Crest View School/South of Talbert Avenue, approximately 300 feet east of Beach Boulevard) 1. STATEMENT OF ISSUE: On October 27, 1998 the Planning Commission recommended denial of the applicant's request to amend the land use designations from Public-Semipublic to General Commercial on the Crest View School site. The Planning Commission also recommended denial of the certification of the accompanying EIR, which analyzed, disclosed, and identified mitigation measures regarding the potential environmental impacts associated with the proposed project. The proposed EIR and general plan amendment were automatically forwarded to the City Council for review while the applicant appealed the Planning Commission's denial of the zoning map amendment so that it could be heard concurrently with the other requested entitlements. Since the Planning Commission recommended denial of the land use amendments,the commission never acted on the actual development proposed for the site. The City Council approved the requested land use amendments and certified the EIR on December 14, 1998. A second reading was held on January 4, 1999 and confirmed the Council's action to change the general plan and zoning to General Commercial. The new general plan designation became effective immediately upon approval and the new zoning becomes effective on February 4, 1999. Therefore, the proposed development of a 135,000 square foot Wal-Mart and three other ancillary retail/restaurant pads are now returned to the Planning Commission for review. Staff recommends 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 based on the following reasons: ♦ The proposed project is consistent with the zoning code requirements of General Commercial with the exception of the variance for design of the main driveway entrance. The project complies with minimum requirements for parking, landscaping, setbacks, maximum floor area ratio, maximum height, and design standards to minimize long,uninterrupted expanses of building wall. ♦ Reciprocal parking and driveway access will be provided between the four subject parcels. ♦ An offer for future reciprocal parking and driveway access will be established across the entire west property line to facilitate future integration with the Beach Boulevard frontage. ♦ The on-site truck circulation patterns are limited to the northerly portion of the site adjacent to Talbert Avenue. ♦ A substantial landscape buffer with an emergency vehicle access road consisting of turfblock are provided between the rear of the building and the adjacent residential properties. ♦ The architectural elements of the proposed building,the building projections and arcade details,the additional landscaping adjacent to the building wall, and the colors and materials all combine to make the project aesthetically attractive. ♦ A Public Art element will be provided within a publicly accessible area of the project. ♦ The future ancillary retail/restaurant pad buildings will be integrated and architecturally compatible with the main big box retail building. ♦ The proposed project site will be devoted to a major retail sales tax generating use. ♦ The potential environmental impacts of the project have been evaluated in EIR No. 97-1 and although unavoidable adverse impacts remain in two categories (Air Quality and Land Use), the majority of environmental impacts have been mitigated to a less than significant level. ♦ A Statement of Overriding Considerations has been adopted by the City Council which states that the economic benefits of the project outweigh the unavoidable adverse environmental impacts resulting from a loss of visual open space and exceedence of air quality standards. II. RECOMMENDATION: Motion to: A. "Approve Conditional Use Permit No. 98-8Nariance No. 98-9/Tentative Parcel Map No. 97-161 as modified by staff and overturn Design Review Board's denial of Design Review Board No. 97-8 with findings and suggested conditions of approval." (Attachment No. 1) III. ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Approve Conditional Use Permit No. 98-8Nariance No. 98-9/Tentative Parcel Map No. 97-161/Design Review Board No. 97-8 as submitted by the applicant with findings and suggested conditions of approval." B. "Deny Conditional Use Permit No. 98-8Nariance No. 98-9/Tentative Parcel Map No. 97- 16 1/Design Review Board No. 97-8 with findings for denial." C. "Approve Conditional Use Permit No. 98-8Nariance No. 98-9/Tentative Parcel Map No. 97- 161/Design Review Board No. 97-8 with findings by reconfiguring the site and move the building to the west, backing to the commercial uses along Beach Boulevard with the three satellite buildings along Talbert Avenue on the east side of the site." . f Staff Report- 1/26/99 2 (98SR51 i) IV. OUTSTANDING ISSUES Staff s recommendations regarding the conditional use permit and development of the site remain the same as described in the October 27, 1998 Planning Commission staff report (Attachment No. 11). There remain some issues that the applicant does not concur with. The following list summarizes the issues that do not have a consensus between staff and the applicant or identifies new issues for discussion. In addition, all of the major issues, staff s position, the applicant's position, and the recommendation formed by the sub-committee of Commissioners Kerins and Chapman are listed in an attached matrix(Attachment No. 4). ■ Enclosure of Alternative Loading Dock Location presented by Applicant on October 2, 1998 and Revised October 22, 1998 (Relocation of Building) ■ Storm Drainage Detention Pond Proposed On-Site ■ Landscape Medians within Talbert Avenue Right-of-Way ■ Vacation and Improvements for Lisa Lane ■ Limitation on Floor Area Devoted to Display of Non-Taxable Sales Items ■ Outdoor Display ■ Pedestrian Linkages ■ Overnight Camping ■ Sidewalk Improvements around Good Shepherd Cemetery Alternative Loading Dock Location presented by Applicant on October 2. 1998 and Revised October 22. 1998 (Relocation ofBuildinjz) On October 2, 1998,the applicant submitted a revised site plan layout depicting the loading and unloading activity on the north side of the Wal-Mart building as suggested by staff(Attachment No. 3). Staffs recommended conditions of approval remain essentially the same for the revised plan in terms of submittal of a design level noise study to verify compliance with the Noise Code, a maximum eight foot high perimeter wall, and delivery methods which do not require any unusual monitoring by staff. However, staff requested the applicant provide additional information regarding screening of the loading/unloading activity bays from Talbert Avenue. A section drawing submitted by the applicant is not complete enough for a full evaluation by staff. Therefore, a recommended condition has been added to require the proposed landscape berm and screen wall plans be subject to review and approval by the Design Review Board. In addition, staff s original recommendation regarding relocation of the loading docks to the north side of the building included a recommendation that the docks be fully enclosed within the building, similar to the Cerritos Wal-Mart. After further analysis of the truck loading and circulation plan, staff recommends that the at-grade dock be relocated next to the dock high bays and that the entire loading.area be enclosed within the building. The enclosure would serve to screen the loading/unloading activity from Talbert Avenue and would also serve as additional noise protection for the adjacent residents. Staff Report- 1/26/99 3 (98SR51i) The applicant indicates that they are opposed to fully enclosing the loading docks as recommended by staff. Along with the applicant's revisions to the loading dock area, the Wal-Mart building was relocated approximately 30 feet closer to the homes to the east in the new plan. Although it is not clear why the building was relocated when the truck loading docks were moved to the north side of the building,the site plan depicted a surplus of 52 parking stalls for all the uses at the site. The applicant's most recent site plan submitted on October 22, 1998 shows the building was moved back 10 feet west but not all the way back to the originally proposed location. Since the relocation of the building has the potential for additional environmental impacts on adjacent residences that have not been analyzed or disclosed through the EIR process, staff recommends that the site plan be revised and that the building be relocated back to its previous location,20 feet to the west(or a total of 90 feet between the residential property line and the Wal-Mart building). As currently proposed,the site plan is inconsistent with the EIR analysis and would require new analysis to relocate the building. Since the plan now depicts a surplus of 26 parking spaces,the site plan can be redesigned,the building shifted west, and with minor adjustments, the project would still comply with parking code requirements. The revisions to the site plan eliminate the need for commercial delivery trucks to travel around the east and south sides of the proposed Wal-Mart building. In order to maintain emergency access around the perimeter of the building,the applicant proposes to construct a turfblock fire lane adjacent to the building. The turfblock fire lane will allow emergency vehicles to successfully traverse the site, however, it will have the appearance of landscaping. Since there is evidence of container storage on the exterior of other Wal-Marts in the area, staff recommends that the turfblock access driveways include removable bollards that can be locked in place so that shipping and delivery vehicles can not gain access to the rear of the building. The Fire Department has indicated that locked bollards can be cut and removed should emergency access around the building be necessary. The fire lane must also be revised to include the proper 17 ft. by 45 ft. radius turns for vehicle maneuverability (Condition of Approval La.) Lastly,the revised site plan is not consistent with the proposed building elevations, architectural projections, or the landscape and decorative hardscape improvements that were previously proposed. Staff recommends a condition of approval requiring the site plan to be revised to include these previously identified improvement items and to match the building elevations. Storm Drainage Detention Pond Proposed On-Site In response to staff s recommendation regarding drainage of the site, the applicant presented a new drainage plan at the October 13, 1998 Study Session. Staffs recommendations regarding the on-site detention basin are as follows: 1. Locate any above ground detention basin within a remote portion of the site. 2. Limit inundation or ponding in parking areas to a maximum of 30 percent of the parking stalls. 3. Limit ponding in the parking areas to a maximum depth of 12.inches for a 100-year storm. 4. Indemnify and hold City harmless of future litigation. 5. Post appropriate parking lot signage notifying patrons of potential flooding. Staff Report- 1/26/99 4 (98SR51i) The latest drainage plan is now a hybrid design storing some storm water in underground pipes beneath the parking lot and some above ground within the parking lot area. Therefore, the newest plan no longer requires above ground ponding in a 10 year storm and the portions of the parking lot effected by 25 and 100 year storms.has been reduced. Public Works staff has reviewed the proposed plan and has concluded that the project meets the recommended conditions of approval. However, Public Works staff has indicated that there is still a concern with the design of the ponding since all drive aisles have the potential to be blocked by eight inches or more of water in a heavy storm. The Wal-Mart representative indicates that Wal-Mart would be willing to indemnify and hold the city harmless against future litigation related to the proposed ponding as suggested by the City Attorney's Office. Landscape Medians within Talbert Avenue Rikht-of- Landscape medians within Talbert have been identified in the Master Plan for Arterial Street Median Landscape Development since the plan was adopted in 1986. Landscape medians are important from an aesthetic point of view as well as to ensure proper traffic and circulation function. In light of the revised site plan staff recommends that trucks exiting the site be restricted to a right turn onto Talbert. Trucks would then be required to follow designated truck routes to the 405 freeway; the most likely paths of travel would either be east on Talbert and north on Magnolia to the freeway or east on Talbert to the freeway on-ramp. The applicant has indicated that they are opposed to construction of raised landscape medians within Talbert Avenue. Vacation and Improvements for Lisa Lane Staff has amended the recommended condition of approval regarding Lisa Lane,the present access point into Crest View School. Originally staff requested that the street be vacated to the adjacent property owners because it would no longer be necessary if the project was approved. However, it was discovered that the residence on the west side of Lisa Lane takes access to a garage off of Lisa Lane and that it would be difficult to vacate the street. Staff has since reassessed the situation and still believes it is in the property owners' and the City's best interest to vacate the street to the adjacent properties. If Lisa Lane were to remain as it is today with a block wall along the northern end on the school district property, it has the potential to become a maintenance problem. Past experience demonstrates that these type of dead end streets become dumping grounds for abandoned vehicles and other unsightly items. Therefore, staff recommends that the street be vacated and that the applicant be responsible to construct a block wall on the new property line and provide access for the existing driveway out to Sterling Avenue. The applicant is opposed to this condition of approval and suggests that the existing driveway to the school be closed at Lisa Lane and that the applicant only construct a new block wall, curb, and gutter at the end of the street. Staff Report- 1/26/99 5 (98SR51 i) Limitation on Floor Area Devoted to Display ofNon-Taxable Sales Items Since retail sales tax revenue is an important factor in recommending approval of the proposed project, staff has a concern with possible recycling of the building in the future and the ability of the City to guarantee sales of taxable items. To this end, staff recommends three conditions of approval designed to encourage a sales tax generating use at the subject site. First, a suggested condition of approval requires the Wal-Mart building to be designated as a single.user with a maximum of 10% of the gross building floor area devoted to an ancillary retail tenant. Second, in order to ensure the success of future uses should the Wal-Mart store close, staff suggests that any re-use of the site or request for future demising (new tenant)walls shall require approval of a conditional use permit by the Planning Commission. Finally, as endorsed recently by the City Council,the conditions of approval should limit the amount of square footage of the building that can be devoted to display of non-taxable sales items. In order to ensure that the building is primarily geared toward sales of taxable items, staff recommends a maximum of 10% of gross floor area(130,342 square feet x 10%=13,034 square feet maximum) for non-taxable items. A brief summary of taxable sales items from the State Board of Equalization has been prepared for review(Attachment No. 5). The applicant is opposed to the maximum 10% limitation and states that they would prefer.a maximum of 20% of floor area for non-taxable sales items. As part of the City Council's approval and certification of EIR No. 97-1, a Statement of Overriding Considerations was adopted. The City Council determined that although the project would result in significant adverse impacts to land use and air quality,the economic and social benefits of the project outweighed the negative impacts. While the Council specified many reasons why the Statement of Overriding Considerations was adopted, the Council discussed one portion of the document as follows (Council revisions shown in bold): ♦ The proposed land use and zoning map amendments to General Commercial and a potential for up to 175,000 square feet of general retail commercial development will have a positive fiscal effect on the City of Huntington Beach. It will generate substantial additional revenues (assuming a future project condition of approval limiting a minimum of 10% to a maximum of 20% of"big box" floor area devoted to display of non-taxable sales items) to the City of Huntington Beach. The Council's action allows the Planning Commission to approve a condition of approval for between 10-20% of floor area, however, staff continues to recommend a maximum of 10% of floor area for non-taxable sales items (Condition of Approval No. 7.d.). It should also be noted that the Planning Commission sub-committee of Commissioners Kerins and Chapman determined that display of non-taxable sales items should be limited to a maximum of 10% of net retail floor area. A net floor area calculation would not include offices, restrooms, storage areas, etc. and thus would result in a smaller amount of square footage. Detailed floor plans are not available at this time to determine the proposed net retail floor area. Staff Report- 1/26/99 6 (98SR51i) Outdoor Display Big box retailers and other large stores like-Wal-Mart and home improvement centers typically devote a large area outside-the store to display of sale and specialty items. Since these areas have the potential to become visual eyesores if proposed on a continual basis, staff recommends that outdoor display and temporary sale events comply with standard code requirements as established in the Huntington Beach Zoning and Subdivision Ordinance Code. Briefly, commercial business may obtain a Temporary Sales Permit for outdoor retail sales for no longer than 48 hours, once every three months or an applicant may apply to the Zoning Administrator for an extended outdoor sale event. Business may also obtain Temporary Activity Permit for seasonal sales of Halloween pumpkins and Christmas trees. The applicant indicates that they wish to display seasonal merchandise on the sidewalk in front of the Wal-Mart building. Pedestrian Linka es Staff strongly believes that the site design should demonstrate a relationship to the surrounding community by incorporating convenient, attractive pedestrian flows throughout the site. Therefore, staff recommends that the site plan be revised to incorporate a clear convenient pedestrian link from the satellite retail/restaurant buildings to the front door of the proposed Wal- Mart. The pedestrian link should consist of landscaping, enhanced paving to differentiate it from the other hardscape improvements, and should incorporate seating. The applicant has expressed their opposition to this requirement. Overnight Camping Staff has received some reports that Wal-Mart allows overnight camping of recreational vehicles within the parking lots. Chapter 9.54 of the Huntington Beach Municipal Code states"It is unlawful for any person to sleep in any vehicle parked in any public place in the city between the hours of 9 p.m. of one day and 9 a.m. of the next day." Since it may be interpreted that a shopping center parking lot is not a"public"place, it is recommended that a condition of approval be included to specifically prohibit use of the parking lot for overnight sleeping or camping. (See Condition of Approval No. 7.1.) Sidewalk Improvements around Good Shepherd Cemetery The Good Shepherd Cemetery is located directly to the north of the subject site across Talbert Avenue. There are currently no public sidewalk improvements on Beach Boulevard and Talbert Avenue around the cemetery although there is a substantial amount of pedestrian traffic using the existing dirt path around the site. On Sundays, these pedestrians are most likely traveling to the Saint Vincent De Paul Church located just east of the cemetery on the north side of Talbert. Staff has been questioned about conditioning the applicant to construct sidewalks on the north side of Talbert and the east side of Beach adjacent to the cemetery. Staff believes it is not appropriate to include conditions of approval requiring off-site improvements on the opposite side of Talbert and the east side of Beach since the proposed project did not cause and will not exacerbate the problem. A public sidewalk will be provided on the south side of Talbert adjacent to the project and will be easily accessible by pedestrians crossing at the intersection of Beach and Talbert. The main project entrance also provides a signalized crossing on Talbert although it Staff Report- 1/26/99 7 (98SR51i) is recognized that no sidewalk exists on the north side. Past court cases have established a test to determine the type of conditions a municipality may impose on a project. The test must demonstrate that conditions or improvements required by a project are directly related to issues or problems that are created as a result of the proposed project. The law requires a clear nexus between the project,the problem or issue to be solved, and the method or conditions imposed to solve it. Staff does not believe there is adequate nexus to impose a condition requiring off-site improvements within the public right-of-way on the north side of Talbert Avenue or on the east side of Beach Boulevard. V. REVIEW OF PREVIOUS ISSUES: Design Review Board On July 30, 1998, the Design Review Board (DRB)reviewed the architectural design, colors, materials, and massing model for the proposed Wal-Mart facility and signage. The DRB discussed the project and analyzed the relationship of the proposal to the surrounding community and the appropriateness of the project to the existing setting. Staff informed the DRB that the project elevations were forwarded to the City's Urban Design consultant(Urban Design Studio) for an independent critique of the architectural proposal. The City's consultant stated that the architectural theme of the project should incorporate small scale neighborhood residential design elements in an effort to complement the residential setting around the vicinity. Since the original project elevations and design theme for the proposed Wal-Mart building was submitted in September 1997,the architectural elements have been revised and improved substantially. Staff had informed the applicant that a building of the highest quality building materials and state of the art design was expected and that care should be taken to avoid uninteresting and uninterrupted expanses of flat wall. Staff encouraged movement through the use of recesses and projections in the building walls and was opposed to the use of split face and smooth face concrete masonry as the predominant building material. The plans have been revised to incorporate most of staff s concerns and have improved the architectural appearance of the building. The Design Review Board (DRB) recommends denial of the proposed architectural design to the Planning Commission. The main reason for DRB's denial of the project is that the building appears too commercial or quasi-industrial and does not incorporate elements of the surrounding residential community into the project design. DRB concluded action by recommending that smaller scale, neighborhood residential elements.more commonly found in a house design be included on the exterior of the building (See elevation—Attachment No. 6). Staff suggests approval of the building as proposed with a minor modification. Staff recommends that height of the fascia board under the archway elements of the building be reduced and does not recommend that the building be returned to DRB for redesign. However, staff does recommend that the project's public art element, landscaping plan, and the loading/unloading screening plan be returned to DRB for approval. Since the most recent site plan does not match the proposed elevations, it would also be appropriate for the DRB to review the final set of plans. Staff Report- 1/26/99 8 (98SR51i) If the Planning Commission approves the proposed architectural design and elements presented by the applicant, further review by the DRB will not be warranted. However, if the Planning Commission does not approve the submitted architectural design, colors, and materials, then a second review by the DRB will be necessary. Satellite Buildings Since specific uses and design of the three satellite retail/restaurant buildings is unknown at this time, the future proposed uses may require discretionary approval by the Zoning Administrator or Planning Commission. At a minimum, design of the buildings will require a separate review by the Design Review Board and shall be compatible with the overall design theme and building elevations for the Wal-Mart building. The site design shall pay particular attention to integrating the sites into one cohesive shopping center through use of common landscaping, pavement treatment, pedestrian linkages, and reciprocal parking and driveway easements. Sign Code Exception The applicant is proposing free standing signs on the subject site for advertisement of the Wal- Mart and the three satellite retail buildings. However,the proposed sign application is not complete as currently submitted. Once the sign application is complete, staff will conduct a plan check to determine whether or not the proposal meets the current code requirements. It appears that the applicant will be requesting a sign code exception to exceed the number of signs permitted, to exceed the maximum height,to exceed the maximum square footage of sign area allowed, and to exceed the minimum separation requirements. Any future request for a sign code exception will be scheduled for a public hearing by the Zoning Administrator. Vl. SUMMARY: Staff finds that the proposed project, with the site design modifications and the suggested conditions of approval and mitigation measures established in EIR No. 97-1, will be compatible with the surrounding properties. Although the project does include significant adverse impacts to Air Quality and Land Use that are not fully mitigated and were disclosed in the adopted Statement of Overriding Considerations,the most recent design proposed by the applicant eliminates the adverse impact associated with Aesthetics. Staff recommends approval of the proposed project based on the following reasons: ♦ The proposed project is consistent with the zoning code requirements of General Commercial with the exception of the variance for design of the main driveway entrance. The project complies with minimum requirements for parking, landscaping, setbacks, maximum floor area ratio, maximum height, and design standards to minimize long, uninterrupted expanses of building wall. ♦ Reciprocal parking and driveway access will be provided between the four subject parcels. ♦ An offer for future reciprocal parking and driveway access will be established across the entire west property line to facilitate future integration with the Beach Boulevard frontage. ♦ The on-site truck circulation patterns are limited to the northerly portion of the site adjacent to Talbert Avenue. ♦ A substantial landscape buffer with an emergency vehicle access road consisting of turfolock are provided between the rear of the building and the adjacent residential properties. Staff Report- 1/26/99 9 (98SR51i) i ♦ The architectural elements of the proposed building,the building projections and arcade details, the additional landscaping adjacent to the building wall, and the colors and materials all combine to make the project aesthetically attractive. ♦ A Public Art element will be provided within a publicly accessible area of the project. ♦ The future ancillary retail/restaurant pad buildings will be integrated and architecturally compatible with the main big box retail building. ♦ The proposed project site will be devoted to a major retail sales tax generating use. ♦ The potential environmental impacts of the project have been evaluated in EIR No. 97-1 and although unavoidable adverse impacts remain in two categories (Air Quality and Land Use), the majority of environmental impacts have been mitigated to a less than significant level. ♦ A Statement of Overriding Considerations has been adopted by the City Council which states that the economic benefits of the project outweigh the unavoidable adverse environmental impacts resulting from a loss of visual open space and exceedence of air quality standards. VI. ATTACHMENTS: 1. Legislative Draft Findings and Suggested Conditions of Approval 2. City Council Notice of Action Letter dated January 13, 1999 3. Alternative Loading Dock Location Site Plan Received and Dated October 22, 1998 and Floor Plans, Elevations, and Tentative Parcel Map No. 97-161 Received and Dated August 5, 1998 4. Crest View—Major Issues Status Matrix Updated January 14, 1999 5. Memo from Economic Development Department dated January 19, 1999 regarding Sales Tax Regulations 6. Building Elevation Sketch Prepared by Urban Design Studio 7. Mitigation Measures identified in EIR No. 97-1 8. August 11, 1998 PC Staff Report(not attached-under separate cover). 9. September 9, 1998 PC Staff Report(not attached-under separate cover). 10. October 13, 1998 PC Study Session Staff Report(not attached-under separate cover). 11. October 27, 1998 PC Staff Report(not attached-under separate cover). 12. December 14, 1998 City Council Request for Action(not attached-under separate cover) Staff Report- 1/26/99 10 (98SR51 i) ATTACHMENT NO. 1 LEGISLATIVE DRAFT FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 97-70/ VARIANCE NO. 98-18/ TENTATIVE PARCEL MAP NO. 97-161/ DESIGN REVIEW BOARD NO. 97-8 FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 97-70: 1. Conditional Use Permit No, 97-70 for the establishment, maintenance and operation of the 134,740 square foot Wal-Mart with a 9,431 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 as suggested by st -- 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 environmental impacts resulting from a loss of open space and the project exceeding local air quality impacts. Sa€f 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 staff s 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 convenient, safe,pedestrian linkages on-site and with the surrounding street system,to provide a substantial landscape buffer adjacent to the residential uses ifie-Ah side 4t4e building, and to provide a building of high quality architectural design. (98SR51i)— 1/26/99 Attachment No. 1.1 I � 3. The proposed 134,740 square foot Wal-Mart with a 9,431 square foot garden center along with three other retail/restaurant pads ranging in size from 3,500 to 5,500 square feet anl-for- 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. S.;*^__ so..o^,..n-me-i d-mi A; rogfrding The recent relocation of the truck loading/unloading dock reduces_the potential vehicular and circulation conflicts associated with the proposed request. 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 with a floor area ratio of 0.35) on the subject property. In addition, it is consistent with 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 staff s 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. (98SR51 i)— 1/26/99 Attachment No. 1.2 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 loading/unloading docks along Talbert Avenue. If the site layout is conditioned as suggested by staff,then the proposed driveway 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 r,:hA;11d shall be limited to emergency vehicle access and can be accomplished through the new driveway cuts established for the enclosed loading docks. by the d4vp ontr-afiee. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F 1 (General Commercial with a floor area ratio of 0.35) on the subject property because with 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. FINDINGS FOR APPROVAL-TENTATIVE PARCEL MAP NO. 97-161: 1. Tentative Parcel Map No. 97-161 for subdivision of the subject site into four parcels is consistent with the General Plan Land Use Element designation of CG-F 1 (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 meets all 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. (98SR51 i)— 1/26/99 Attachment No. 1.3 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. 97-1. Other improvements, such as, driveway entrances, parking stalls, and landscaping, shall be shifted west accordingly. 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. The area between the building and the property lines shall be comprised of a fire lane and a minimum 65 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 may be utilized. Revise the site plan to depict 17 by 45 degree turning radii around the building and locked removable bollards across driveway entrances to the turfblock accessway as required by the Fire Department. The reised truck loading and driveway design will fflay restrict delivery vehicles to performing right turns in and out of the site onto Talbert Avenue. Ultimate design of the truck delivery relocation will be subject to approval by the City of Huntington Beach Public Works and geffffnuaity DevelepmenPlanning Departments. The revised site plan dated October 22, 1998 will also require submittal and approval of a noise study prior to eat 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. (98SR51 i)— 1/26/99 Attachment No. 1.4 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. „t,+ feet high . .al _;#4 e site p ete...., a limited 1,. uxs A operation. 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. b. 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, planter.. pots, tree wells, shrub planters, etc. Revise the site plan to include landscaping within the median area between the drop=ofVpick-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). c. Revise the building elevations by reducing the amount of fascia located beneath the archway elements. d. Delete permanent outdoor sales and display. e. Revise the site plan to incorporate a clear, convenient, minimum five foot wide, pedestrian link from the satellite retail/restaurant buildings to the front door of the proposed Wal-Mart. The pedestrian link should consist of landscaping, enhanced paving to differentiate it from the other hardscape improvements, and should incorporate seating. f. Elevations shall depict colors and building materials proposed. g. Revise the site plan to incorporate a bus pad stop on Talbert Avenue. Design plans and required improvements for the bus pad step shall be coordinated with the revised loading dock location,the Traffic Engineer and OCTA. h. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) (98SR51i)— 1/26/99 Attachment No. 1.5 i i. 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) j. 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 shall 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) k. Depict all gas meters, water meters, electrical panels, air conditioning units,mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. 1. All exterior lighting shall be consistent with the standards established by the City's General Plan to minimize on-site glare impacts. High-pressure sodium vapor lamps or similar energy-saving lamps shall be used for outdoor lighting. All outside lighting shall be directed to prevent spillage onto adjacent properties and shall be noted on the site plans and elevations. Proposed height of security and parking lot lights shall be reflected on the site plan. in. Prior to issuance of building permits the applicant shall demonstrate 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 Planning 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. (98SR51 i)— 1/26/99 Attachment No. 1.6 n. 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, shall consist of building materials and colors to match the main building, and shall not include signage. 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. (M). 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: l. 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. 3. Design the main entry drive to comply with the required 100-foot length with no openings, or obtain a variance for this requirement. (98SR51 i)— 1/26/99 Attachment No. 1.7 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 docks. 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: l. 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. (PV ) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PV ) c. 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 shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners can not be accomplished,the applicant shall construct a maximum 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. (98SR51 i)— 1/26/99 Attachment No. 1.8 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 Q10 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 aremote portion of the parking lot. 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 within the parking lot warning patrons of potential flooding. The covenant shall be reviewed 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. (PV ) 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) 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 BMPs. The SWPPP 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. (PV ) g. No electric vaults, service pestals, or electrical boxes shall be permitted within the ponding area or in drainage swales. (PV ) 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. (PV ) 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. (98SR51 i)— 1/26/99 Attachment No. 1.9 j. 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 GewAnuaivy Development 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: 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 Carrotwood 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#14.52 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) (98SR51 i)— 1/26/99 Attachment No. 1.10 d. A street improvement plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PV ) e. An erosion control plan shall be submitted to the Department of Public Works. (PW) 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. (PV ) g. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PV ) 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 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 Gewmmnity Pevalepmei3Planning 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 Gemmuni pevelepmePlanning. (Code Requirement) i. 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) (98SR51 i)— 1/26/99 Attachment No. 1.11 i 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 project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 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, cooling, 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: 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. (98SR51i)— 1/26/99 Attachment No. 1.12 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 be required 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. 6. 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. The terminus/northerly end of Lisa Lane shall be vacated to the adjacent property owners. The developer shall remove existing improvements (driveway, curb, gutter, sidewalk, etc.). The developer shall construct a new block wall on new property line and shall provide driveway access to the existing driveway serving the residence on the west side of Lisa Lane. c. A pavement study shall be required that will identify half street pavement structural section improvements required to bring pavement up to a 20 year design life. d. 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. e. The Developer shall construct new curb, gutter, paving,aR4 sidewalk, and street lights on Talbert frontage as directed by Public Works. (98SR51i)— 1/26/99 Attachment No. 1.13 f. Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppression water services. g. 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. h. 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. i. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. j. All improvements to the property shall be completed in accordance with the approved plans,aA:id 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. (PV ) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) A fire alarm system will be installed to comply with 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) (98SR51 i)— 1/26/99 Attachment No. 1.14 7) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low 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. (FD) 9) Submit to the Fire Department for approval of a Fire Protection Plan containing requirements 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 with Fire Department regulations and Uniform Building Code Standards. (FD) 12)Comply with Fire Code requirements for opticom signal, if deemed necessary by the City of Huntington Beach Fire Chief. (FD) 13)Standpipes with fire 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) 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) k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 1. 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. in. The project shall w44 comply with m44 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) (98 SR51 i)— 1/26/99 Attachment No. 1.15 7. The use shall comply with the following: a. All deliveries to the site shall occur between 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, that can not be accommodated within a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for access to the site. 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. 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. c. The Wal-Mart building shall be designated as a single user with a maximum of 10%of the gross building floor area devoted to an ancillary retail tenant. d. A maximum of 10% of the gross Wal-Mart building floor area shall to be devoted to display of non-taxable sales items. e. 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. f. 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. g. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) h. 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) (98SR51 i)— 1/26/99 Attachment No. 1.16 i. 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. ter-age-ef r h4;1; 1 ,:tl;_nz;appr-. yed Te A et:..:ty Pe Emit . j. 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. k. 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. 1. No overnight sleeping or camping shall be permitted on the property. m. 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). n. 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. o. 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. p. 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. q. 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. (98SR51 i)— 1/26/99 Attachment No. 1.17 r.The project applicant will, as necessary, implement the requirements of TSCA and the PCB-related requirements of the USEPA. s. The installation of any underground storage tanks by the project applicant and/or owner, tenants, and third-party vendors will conform with the applicable requirements of the 1998 Cortese/Sher Bill and any other California Health and Safety Code requirements. 8. The Director of Planning ensures that'all conditions of approval herein are complied with. The Gefnmunit3,Develepme irector of Planning 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 CewAnunity Develepment-Director of Planning has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 9. This 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 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 REQUIREMENTS: THESE CODE REQUIREMENTS 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. 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 Department of Develepme-Planning 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. (98SR51i)— 1/26/99 Attachment No. 1.18 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97- 16 1 pursuant 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-way. (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 of Building 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. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. 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 Department of Community Development 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 with the Mitigation Monitoring Program. (98SR51 i)— 1/26199 Attachment No. 1.19 CONDITIONS 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. (PV ) 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. (PV ) 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. (PV ) 4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Dept. at the time of recordation. (PV ) (98SR51i)—1/26/99 Attachment No. 1.20 INFORMATION ON SPECIFIC CODE REQUIREMENTS-TENTATIVE PARCEL MAP NO. 97-161: 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. (98SR51 i)— 1/26/99 Attachment No. 1.21 i W-1 �mMWP wo is n CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK JAIL 141999 January 13, 1999 0EPARNEIW OPPIOAU N� Mr. Greg McClelland Arnel Retail Group 949 South Coast Drive, Suite 600 Costa Mesa, CA 92626 The City Council of the City of Huntington Beach held a public hearing on December 14, 1998 to consider Environmental Impact Report No. 97-1, General Plan Amendment No. 97-1 and your appeal to the Planning Commission's denial of Zoning Map Amendment No. 97-1. The City Council overturned the Planning Commission's denial and certified Environmental Impact Report No. 97-1 as adequate and complete in accordance with CEQA requirements with a Statement of Overriding Considerations by adopting Resolution No. 98-94 as amended to state floor area for taxable sales to be 10-20%. The City Council overturned the Planning Commission's denial and approved General Plan Amendment No. 97-1 by adopting Resolution No. 98-95. The City Council overturned the Planning Commission's denial and approved Appeal of Zoning Map Amendment No. 97-1, with findings, by approving introduction of Ordinance No. 3408. If you have further questions regarding this matter please call the Planning Department, Jane Madera (714) 536-5596. Connie Brockway, CIVIC City Clerk Cc: Jane Madera, Associate Planner AT l Telephone:714536-5227) p-�A,. S �u.T` k}; Rt 7- rs " y r a gig, P-1 � r it Ate .� k:Y F-a R'l R'1 } ________Q_.____._ _______.II.._-_-__ ------------ rr� Outline.Flog�Pjpn _. CFrr APPROV CONCEPTUAL DESIGN _._....._._...........:....._... ._.... ._..__ WP&* MAU n� NOT FOR CONSTRUCTION —._..__......-•---......_...___.._.___.__ ��-��BE,,GcCA �rau y ..._.�....-_....._.........._..._._...._........_.. PATE:119.Y 2%1"s . . y......._..._.. 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' r :�, ✓*t ..' a :�E ,w �.: � ;iS a ,.�.,�'k'St,xa ,.j: '•�, �.< ,..:..,, ..,� r,ta.,.r;:, eat.§,.. . a#;.. ..-,:.+� d�.....:.,«.k`s',•� Y. 3: : * ,_:,.• ;Poss�blefiim acts,oftraffc<no�se>fiscal mitigateddto;lessthan$a ConcurswLsataffrecomineridation x .Y ,, r, ,..,.,r., F4. 5., ,....,K-.,. 3 {.,::• i y.r;a 6r ....� 5 a ', a. a<•' ,qw vR. ,:vP .,.>t`� ,JG`• x,,t r ',:Mt '� ,..t,:'. ,a t �r 'rig a�• a 4. H,::4 latepgewer ;etc , `'=srpnifieantexce t:Alt: ,uali Land 5. ,' d „rf." "''n ,•xt a" 't x ,.,: .,�,,,. ,':, t,< „•. �a •, Use,,(Redesipn'elimmated',adverse 3 ^. ,;a•: .{ .<.. S ,;z ......, x r.•,:•, y .,,,. l.w. ,s.,,,.. :+ 'r...,`x?,t'.q..,� ;�a„` 'a', ,.:4`� ,.yt '.awl ::• d'.li.��,.' ,.t �+. �^D ir, n <,.•:: G,, ..�" '^sv: w. 'i ",k, �f�'f c actto,Aesthet�es ;r ' � h„ '�� ....., ..,,N.,-;,, r.. .. ..:., ," „m..; :.o-...'C X„, ,...,-..�, ,.. :.. ., Y ,.a .:-',,. ...,:., k y .;K ,,.,� •,,,S ,fir L� t, 4- �.t, ,,."NE �x D §D .'1. :,P ,,,.•.,: r,,,,.. :..„ ,::..:..,^Mi8 a : r" 8E Cr d �. ,, '� ',:0.•: ^,1,Y•n,I. r ,,,Y;DRstt�,�.• .. t t, .�?�a. ,;e.. ,;e'�. ,n.,�''.fir� ,� ,��a „a'��Ar t'?;a"' »x 8.w ¢¢?�., i a�,d„.,t d�6 -pY r x.�xx;r¢;. >: ,t - .,.,:, ^ r:� ,x.:.. .d .... , »i'. .. '^ „ z: ., n, .. „>w e:v:. t>aa .,..n.a :x n.,,, :., s,2aw.:., '.:,'.: t •'fit^ N ' 4 ', r ;;.,pay ,z,.. 6 ,,Im rovements:re ui edTIF �.E,W O"" "osed to,landsca a med�an:see Concurs w7 staff,, ,. ; 4.. Traffic(Pg 13.of B1'b-report) P, 9 , , ,.. P,P P , ...., ><r, .. , e c iux com 1. ':w/mrti anon' Code`w IVlatrix# '15` Re uestii` TIF=,,: .iecommendation „r PrY" � , :g C, � ^x�..,,.. .#,. R.r,ar.: x ..,.., yyx, rot k¢ „:.z •,°t, s.�5t.,a+ �. r.: J; .a ;:DC• �•",k.,.. y , �.. rtP,, :.&r.x.,.a�;�,Te�&• �-k".,e.:�n x C �6y s imbursement(<,Council,decision ,l,P rr ^« ) ;<,Tt` 5 a •,,, „h:k. H z"f+..: :- - ':•��'" aT,, .e ,ffi't:;:: 5. Noise-( g: 17 of B-1b report) Fully enclose truck docks on northE I oadmg relocated,k ,a *Concurs w/staff Pg * x ,y.,s .,,� $ :...... M i a ,...-$... .SG:' ,�'•' v .,�.4: =;s,�',f%'i'a. ka '.,'• j'. {Y �. ^ ,y 1 A.•. y{:a a�derof site"amove:bld 20=ft;west End<:' :Q osedao-enclosm dehve;. ,area ''recori mendatton�r s g PP g rY +I'. •:•a, x,,.y,S, # & Y, r cr;,:a r,'. r 3„ ,gisi 8 ;: ; •t3., 3 ... tr t' •p: } 1 z max8 ft wall .New°rioise:stud ion;' Bld •;moved20'fteast= _, . ,, • x Y g r .,d?, m, a,, ,„,.. §.. ....:.:.... .. .. .. „•, ..�a�,..�., .....: ,� �, i .,•,. ^ � ,:..: c .,«: ,. n.,.,,..��a�N=,,. m :as• ^ �" k ,'�'., � �', •' �':"ka^ �k., 7e �•t.•, a �& ''r:..v ,ym P...a ;G'§ ,E•., • a. §« :..,, s, -;,._. �¢ b .."h.. w,;,V.r x, , �' :+, 's :>. rr, .�.... ,�' ,,:. 1 « a e 1,0/22/9.8, lan re W,kl a , .., ':::" ,r 5,,...... �' ,N, iT'x`85 ...-.3,. ,4y'. .•r: w ......, ,C r.�::. r. .. r. .. `1. ). fi, �:''.f d 'i ;:;3� aY`" ?,�'✓, �+ y ' aw .�:.:,.x ,;•. �... .i x !":,.., b ^�a-m++.. •.a>S d dt�. ��, r s .:.;. a,','"., .,;. § ?� ,.k,, .0 ,.'xwx. ,f. .�.•: � , ..,, .... :... �:,.:• ..,�.fr3•;'.r.. :a x,.,„,, ` ., a Pis ,,:,, .r.: ,.....,.. .;, ,x u? :3. ,.. ..,..'�'P"s +a#;..r,,., ,a H^1'::. S'. ':. :#'S, E1,'':tt � ,.. ... r 3. ... a;a, r r.L.. • _..•�.- w t ,. a,.P E :•?..... :,c^§ , rr „v „ap t y F, n„a�D. v �, ,,,dr.,{, ,3rs. «{«'�x»"aE .4{,, ., t. .6.,. ::3�k .,. r x.;S?z "' ".E„r'�'ra d; F 7 ju:• f: ;.r '.a�"°'• 'k „e :',u ", .7' .,'. ,,, $ ,:,.•,,. ,.. .::,,;,. ;'...• „ ,x,.:.f: rr, t`°••, is a3�, ..p .....,,, ;;....,„ .� '..., tX ,.** 6. Air uaht 21<of.B l b n Mrt� ated to extent;feas�ble• ' Concurs w/staff; ;, Under consideration t4; a >>;,,..:,.s,r x'x,..:.-. .i ai%ab ,... E,, e °•:i t 'S$A c�.' ° '.kbr�' t Rema'sWUnavo►dabKSi "nifican wai:i fi' ca c is t ng s l/e onom g,a ,:; t ,.n, t ^z 3 4 a^•. 1 a Im act"� :r *+ s P, r6y T 3 } Inform tl n p ,; , a o ,r.xS. '; •� 1 r fE" .h'�"P � «a k'` M 6�, °�'°: •�' YYP` S:R � a, � q }. r. a� "i d'r a�' .�,;: ''a. a ,',try ,? ,t, r.• a �.:: ram;., _ :t r r. �i - -F.. a �it a.,Y,,t�`'' ;„yr3„,4 .,t« xu ., u»fit-d .�ra� .,z ,..'�• .� ;«Pa^a.W «., atcek, .bi 'i.wv^,'r,�� ',:�%��,� •.t"�` .<rs,,;. . r. — 7 § *..``tx =Bld ,,hei hf and:shadm ,of residential �s xElR concludes no shade'im act w/;:, Lroadm •'relocated ',buildm 2U feets4'*,*Concur w/''staff a` � g ,: g, g y ,: P.., ... r .,.. 00, �.....: *,rx ,.,. '�i�•• ..: �^ ✓$f"� .,.v,5 ,` .f.,:«•�. �E :;x ,'• r r.r �'.{,,.. y�,,...rr�^. ,r,��. ..,,. . .,+.,.-,,: �s � a¢concern +,on locarion of,;burldmpp Reviseda, _ closer:to9residential :8•ft:lii h,; :Vat f , ,$' t a� '•? T #.m'w g,:a, -:r e,;; b� •6:: r r : , g. 4 s: — v . trite a"I'an moved bld 20'ft east—riow noise-wallahould be oka -r ,�..::-: „e,'+ i}- -,,;y:,.. t'✓e r�_ z. D.A:,.,?`"i� Pv:: ,,,a, a.., :,..„.,8.. 'Y�. ,°,S {' ,y^: B.. '� D�. .. „ '.. KW �;::'' ,,:.>` .t'.. a EY,$. ,x. .a „ r' »E ;s:..:.., &3,'l.. . ... .dL•, �;�^,.. '� x ,= Y :' ,( A:x :.,"�3' 4;`: �� t y,?"x�. :ca c. %!! 9' E. f« 9�d ''�.*� % •� fER J, ,� ; ��� ,:,• d�. �,,� � ;;�� ,-� ,:,�' � .�aa x F ,.:.. _,.• „..,. ,. ,-.,, "z„ �"`.<, $iy &..; k}�� t`:� > 4 Y. z�ar�r...,•,,.« .. .h., as ar.ys a-..x<°;•ta.5ua;. ,r. s •$k' t7 t� � k ,,. :.3 >�. 1�, .;� r. •v :�:'x. a..,, 4'� �`:; s. :;'� 'w��Sr°a�"„ ... may ?='.,, 6s.• ., � u ,.4.< S�•.,��4 +1'a € 6 y', ,,:, s r :,'.. .o-: :: �`r :; ,.; §, e a., s. :y?t r t, k t ,� hr. + t •:•a , }S «C, {: t ,< �^`,� ,�relocate•bld '<20-ft„west'of10/22/ :8,• � ,�� �' � .a.� � �E�r ys.; r �, >:.. ';'"` „A .,g. X •.. !, s`z� ,:i' av,d + a.&:, s :'yta a,. `f" h r;? ,"t. ,z��. 3,r., ,:..� ,.. :.:' _. <..i,.• ,.n ,.:,, ,.:. ,� •., y ,, <d ✓, �.,, r.r,,:v ,,:... i' ,h ,d� x, r .:N rh : ar ; �1 r a •• � ' a , c� 3 �, K�' � �; � :s, d #3 � a' r `r� r a.' and}, »p;3 • �. �, {�, � a � srte., .'af �' •s4 .,, '.,.,. ,<.,..*«.:. ,.�xrx.%., a 8d y."y�7' pr+V°� .-}.° ti �' x ✓. :^ts `h q �X"F''t e rs F :.,4 F6:, ( �fY "'�:• !d'. i x ISSUE ; - STAFFRECOMMENDATION; APPLICANTSPROP.OS`AL ,PLANNING ; IT . .. s r >. ,,,,..<., t z +.� ,< , w ' .1,. ..a , ,:.i•.,.. ,: 4*-,, 1...,., !. .•.3.a�;...,,t'y E� .�: .., .- a ,«'::.s ,,. ..,. u ,:� � ?t.;w.�'p.. 1w.��✓:,k. t a�.. �. � '.n .•:, .I.. Fs.�.: :',F..sa:.r � '. a'.:R .ro+'. +E ��, � NO Condit on`=of A�' ro�alNo �.. :: ._,.. 8. * Beach Blvd. Frontage critical for access Reciprocal access on entire west Concurs w/staff recommendation **Concurs w/staff property line(4.i.) recommendation 9. * Buffer from residential is inadequate; Fully enclose truck docks;provide Loading relocated;opposed to **Provide only 2 large truck should be 50 ft landscaping,then block turf block emergency access; move enclosing;turf block proposed; docks& 1 at grade wall w/setback&parking bldg 20 ft west for 65 ft landscaping bldg moved 20 ft east for 45 ft Delivery locations are poor adjacent to and 25 ft fire lane;move at grade landscaping and 25 ft fire lane;at residential dock behind screenwall;max 8 ft high grade dock outside of screenwall perimeter wal l(l.a.) 10. * 4 curb cuts along Talbert are excessive. 4 curb cuts proposed, now okay; Concurs w/staff recommendation **Concur w/staff No deep throat entrance indicated. Variance for main entrance design acceptable IL * Signage if no Beach access is a concern. Sign Code Exception issues deferred; Still analyzing issues—Will **Awaiting response from Excessive height awaiting response from applicant in submit complete sign proposal at applicant order to analyze signs. future date 12. * Restaurant pads should include future Pads proposed as potential drive- Concurs w/staff recommendation drive through through 13. * Restaurant pads may block line of site to Applicant's proposal;staff not Concurs w/staff recommendation major tenant opposed based on compliance w/ code requirements [14. * Impacts to existing businesses and Home Fiscal study reveals substantial Concurs w/staff recommendation ^ Depot leakage in general merchndise; Home Depot sells different category of goods 15. Landscape median in Talbert Raised landscape median required per Opposed to providing raised Master Plan for Arterial Streets and median in Talbert Median Landscape Development (6.d.) (g:\matrix6) 2 ,.ITEM ISSUE � . � STAFF;KRECOMMENDATION. .,..,APP,LICANT�S PROPOSAL/ ���PLANNING :.� ..,:"�'• ..°. .. ..,. '. , Y ( ,,...Sn• �: ..1a'. 1 '� ".�3 f i. .,. R(y. S ..... L`5, ..x$. Y i r.. d " .L e. .�f Z..., .. ,2..,,. T ....Y ,... ..,., „.... ...i- .aY i'y.. .>..y .„ I.. t.. ,5 • • .ayQ.ra.. ',S.,z....w.`"n.t..t.a.,... .. a•� g �•fai?''. h: ,..,a ....., x.z ........z, ., rti ,v.,::9.. �, ,. .. e •✓5a,'r:' .,,:,^�� Ri°5.� tNd fi'. fif''"� a £' ^+ NO: y r4.., •Conditionsof�A roval_No s :� RESPONSE CUMMISSION= OTES�< �.. 16. a.Drainage—properties to south and east a. Site drains north;different drainage a.Concurs w/staff a. **Concurs w/staff flood(pg.22 of B-lb); system;on-site detention ponding b.New hybrid plan concurs w/ b. **Underground,on-site b. Ponding level too high proposed staff;will revise for one clear aisle detention preferred(similar to b. Max 12 inches ponding;remote out of site Home Depot plan) location of parking lot;max 30%of stalls inundated; hold City harmless (3.d.); need one clear aisle out 17. Building Architecture Recommend overturn DRB action; Concurs w/staff recommendation **Recommend uphold DRB Design OK w/minor mod.(1.b. and action and return to DRB ^' l.c.); DRB review landscaping, new loading dock 18. a. Perimeter Wall Height a. Max 8 feet(l.a.) a. Concurs w/staff a. **Concurs w/staff b. Perimeter Wall Location b.Attempt consensus for 1 common recommendation recommendation wall—if not successful then construct b. Concurs w/staff b. **Concurs w/staff wall w/max. 2 in. separation from recommendation recommendation property line(3.c.) 19. Public Art Shall be included and be approved Concurs w/staff recommendation **Recommend work w/ prior to building permits(l.m.) qualified/experienced artist 20. a. Outdoor display in parking lot; a. Comply with HBZSO —obtain a. Concurs w/staff **a. Concurs w/staff D b. Sidewalk sales display along bldg wall Temp.Activity Permit for Special recommendation recommendation = Events(7.b.) b. Would like seasonal outdoor **b. Concurs w/staff b. Eliminate permanent display of display along bldg wall recommendation r merchandise(l.d.) --�i 21. Pedestrian Links between satellite pads Shall be included(added Le.) Opposed to providing pedestrian **Concurs w/staff and Wal-Mart links recommendation a 22. Current& future uses of building(floor Max. 10%of gross floor area for non- Opposed; desires flexibility for ** Max. 10%of net retail floor area and demising walls) taxable sales items(7.d.)&future future demand of retail area for non-taxable sales items (Council action endorsed 10-20%non- tenant subdivisions require PC review environment &future tenant subdivisions taxable floor area) (7.e.) require PC review (g:\matrix6) 3 '. =�,.s-,. D h >.,:gt .,,:,,q ?; ;..: ^:;�` a; ?b' ,�Y ,,. ; ' , . _ , ,`M1`9. .y . 6-', 7: E `. '}mG, Y i ?.,,:•x�,.>J,y "'ITEM, ISSUE .,..�STAFF.RECOMMENDATION ,AP.PLICANT S PROPOSAL/ PLANNING ..,� ,.,> <, ,R. .�,,.� ,ss :,..-x •v. ,. .... ..,�". �p,.. »,. ,z .l �,M.x�%"n '43>:•ala. m,�"�+..�+.n 1 �s. a`°�3�4.r..,,..� y. ., ,�.... va 'i �., ¢ .. :... €x�",�� :4 'J c +�.s .+. 1. ,'+� fi...'..,.,w•• 6 K w,-Y yk's.. Tr �' uT m.n9 ,.S;Y.a.'..,k.... . � , � .�R �=, � t ...w , .�.R !Condition ofA Tro�alNo 1, -RESPONSE CO O N .?':�C.+L.::.ro.>••a•... rs�S�r�..." r. m. :�+a.^a:,r.,>n . ,<:��"u.aS•s.as;...���,t..•.,� .sw :,rrCEl.rK x.;,,,, w_ _�Y «�„ua�.. ,:.�/`c ..,nH ..r.0 •..xf:., w.a.a.,w...,s�,••.tt�i�t.:x'��;- �b>a.� l,M ..c�.•,, t � ..;.+.,s�:.aua.ro: w... sarw. ,..,: 'a . ..., au—.,,.,,.�»• ,. � ,.,; re>vsr,..,„o.:r..i.>,.,.:..,.•.».:..a^,.%n".....,x.,:.d... •:: 23. Lube,Oil,&Tires Recommend no more than 3 pads Concurs w/staff recommendation; Tire/Lube has been eliminated 24. Compatibility w/cemetery Cemetery already adjacent to Beach a.Concurs w/staff and Talbert; Final EIR anticipates no recommendation negative impact 25. a. Sidewalk on north side of Talbert a. No nexus for sidewalk on north Concurs w/staff recommendation **Recommend PC request b. Sidewalk on east side of Beach side of Talbert applicant to provide sidewalk o► c. Signal with crosswalk at main entry b. No nexus for sidewalk on east side north side of Talbert of Beach c. Signal with crosswalk recomd'd 26. Compatibility w/church Church site approx.250 feet from Concurs w/staff recommendation **Concurs w/staff east prop. line of site; Final EIR anticipates no negative impact 27. a. Viability of retail pads a.Concur w/applicant that pads will a. Pads will be viable—Concurs a. **Retail pads may not be b. Setback of retail pads be viable b. Propose 10 ft. setback— economically viable b. 10 ft setback okay—complies with Concurs w/staff b. **10 ft. setback inadequate; Zoning Code&General Plan provide minimum 20 ft. setback 28. Operational requirements—specify Planning Commission can revoke Concurs with Subcommittee **Recommend each store penalty if applicant violates conditions CUP for non-compliance—standard manager sign and acknowledge condition(#4 under Code Reqmnt's) conditions of approval Issue Administrative Citations(#3) Establish a store liaison for Manager Sign/Acknowledge community contact/issues Conditions(7 j.) Establish Store Liaison(7.k.) 29. Store Hours Limit deliveries to 7:00 AM to 10:00 Request 24 hour operation **Limit customer hours to 7:00 Delivery Hours PM unless noise study verifies including customer hours and AM to 10:00 PM; compliance w/noise code and max 8 deliveries Deliveries at 24 hrs. ok if ft high wall(La. and Ta.) complying w/noise code and max 8 ft high wall (g:\matrix6) 4 ITEM '_ : <, ISSUE STAFF:RECOMMENDATION "APPLICANT'S PROPOSAL`/ '' PLANIVI:NG NO Condition of:`A novalfNo j ' PONSE O OT ` RE COMMISSI N N ES 30. Landscaping Plan Concur w/Subcommittee(4.b.) Concurs w/staff recommendation. **Plan should be reviewed by. : . DRB 31. Sales tax:revenue No negotiations have begun; Arnel,requests TIF reimbursement; **Adopt minute,actiop and City Attorney input=Condition by ;:OVSD request sales tax revenue forward.recommendation>to PC re: 100%of sales tax revenue is sharm`g Council that:no reimbursement ." not effective or appropriate,smce PC of TIF be considered and..1.00;% can not dictate what contracts Council of sales tax,revenue,be ke 't by can enter mto, City: PC may forward opinion to Council by minute action:.' 32. Container storage No exterior storage permitted(7.i.) Concuis w/staff recommendation **Concurs w/staff recommendation 33. Aesthetic view of loading dock area Should be fully enclosed and Proposed landscape berm and **Concurs w/staff screened from public view(La.) angled 12 ft high screenwall w/ recommendation vine pockets; Opposed to fully enclosing docks 34. Lisa Lane Require vacation to adjacent property Opposed to vacation and owners;remove existing associated improvements; Request improvements;construct new block to close existing driveway and wall at centerline;provide access to construct new wall, curb, and driveway(6.b.) gutter at end of Lisa. r' l M Shaded items depict Land Use and Environmental Issues r , o *Issues identified by staff and relayed to applicant in March 1996. **.Recommendation of Planning Commission sub-committee on September 30, 1998 (Commissioners`Kerins and Chapman) (g��matnx6) I . . f � � � . ; � :. - i:. . ._ - - . . ,. :_.� , .. - . . - � . r . . _ ;. .. ,. �� � `` ., 1. i ;i r=;' --:; tt-�. , +�r'� � � _ o CITY OF HUNTINGTON BEACH d d ECONOMIC DEVELOPMENT DEPARTMENT INTER-DEPARTMENT COMMUNICATION TO: Jane Madera FROM: Jim Lamb DATE: January 19, 1999 SUBJECT: Sales Tax Regulations Pertaining to Food/Drug Recently, Planning Commissioners had questions regarding taxable and non- taxable items, especially as they relate to grocery sales. The State Board of Equalization sent us tax tips for grocery and drug stores, from which the following is an excerpt. Also enclosed is a copy of the two most relevant sections of the regulations themselves, should anyone wish to read greater detail. Attachments ATTACHMENT NO. ___I I GENER.AL.AppLicATiON,0F TA3c�., It is important to understand the taxability of food,merchandise,and other tangible personal property that you sell. Some of these items will be taxable, while others will not. This chapter is designed,to answer many of the questions commonly asked regarding grocery store sales.If you have a question regarding the taxability of a sale,please call a nearby Board of Equalization office(see page 21). Taxable and All tangible personal property sold by grocery stores is subject to sales tax, Nontaxable Sales unless the item is specifically exempt by law, as for example,food products —An Overview for human consumption. ■ Taxable Sales ■ Nontaxable Sales Sales tax generally.applies to sales of: Sales tax generally does not apply to • Over-the-counter medicines, sales of: such as aspirin,cough syrups, Food products.This includes cough drops,throat lozenges, baby food,artificial sweeteners, and so forth candy,gum,ice cream,ice cream • Drug sundries, toys,hardware, ' novelties,popsicles,fruit and and household goods vegetable juices,olives,onions, • Books and publications and maraschino cherries.2 (including periodicals)I Food products also include • Cosmetics — beverages and cocktail mixes The lists on the right are • Alcoholic beverages that are neither alcoholic nor illustrative only and do • Carbonated soft drinks and mixes carbonated.The exemption not represent all taxable • Tobacco products applies whether sold in liquid or and nontaxable sales. • Dietary supplements frozen form. • Soaps or detergents Water. Bottled noncarbonated, • Cameras and film noneffervescent water is exempt • Clothing from tax. 3 • Ice Gum(medicated and • Sporting goods nonmedicated).4 • Nursery stock • Pet food and supplies • Hot prepared food products, and food sold for consumption on your premises (see page 4.) • Fixtures and equipment used in an activity requiring the holding of a seller's permit,if sold at retail 1.Prior to July 15,1991,newspapers and periodicals were nontaxable. 2.During the period of July 15,1991,through November 30,1992,certain products were classified as taxable snack foods,confectionery,candy,and gum. 3.Prior to 11-30-92,bottled water was exempt only if the individual containers were one-half gallon or more in size. 4.Prior to November 30,1992,medicated chewing gum was taxable. For the period July 15,1991 ,through November 30,1992,all chewing gum was taxable. ATTACHM-ENI T NO. Food Product As explained below,food products that are for human consumption(rather than Sales animal consumption)are generally not subject to tax. However,food products that are sold at a snack bar or hot prepared food products that are sold "to go"may be subject to tax. Because certain food products are taxable, it is important to understand how tax applies to their sale. Exempt Food products sold for human consumption are not subject to tax.If an Food Products item does not qualify as a food product,or if it is not sold for human consumption,it is generally subject to tax. For example,the following items do not qualify as food products and,as a result,are subject to tax: • Ice Over-the-counter medicines • Alcoholic beverages • Coloring extracts • Tobacco products Dietary supplements • Carbonated beverages(see note below) Likewise,a food product sold for consumption by a dog,cat,bird and other domestic pets or for use as fish bait is subject to tax because it is not sold for human consumption. Note:carbonated fruit juices.Carbonated products that qualify as 100 percent natural fruit juice are not subject to tax.If the fruit juice includes a preservative,such as sodium benzoate,or any other.additive,it is not considered a natural fruit juice and is subject to tax. Combination If you sell a combination package that includes nonfood products and Packages exempt food products,the package may be nontaxable or partially taxable. (food products combined To determine how to apply tax,you must look at the retail value of the with nonfood products) nonfood products and the retail value of the container. Nonfood products.The nonfood products are taxable if their retail value represents more than 10 percent of the total retail value of the contents. Container.The container is taxable if its retail value exceeds 50 percent of the retail value of the entire package. Example 1 You are selling a gourmet gift basket for$100.It includes the following components: Retail Value Fruit,cheese,crackers(exempt food products) $ 26.00 Wine and wine glasses(nonfood products) 20.00 Subtotal—contents:$46.00 Basket 54.00 Total: $100.00 The nonfood products are taxable because they represent more than 10 percent of the retail value of the contents($20+$46=43%). The basket is taxable because its retail value exceeds 50 percent of the retail value of the entire package($54+$100=54%). You would compute and report tax on the nonfood products and the container($20+$54=$74). IMM UK ATTACHMENT . 5. 3 Example 2 You are selling a party tray for$33.It includes the following components: Retail Value Meat and cheese(exempt food products) $ 25.00 Serving utensil(nonfood product) 5.00 Subtotal—contents:$30.00 Tray 3.00 Total: $33.00 The nonfood product is taxable because it represents more than 10 percent of the retail value of the contents($5-,-$30=16%). The tray is not taxable because its retail value is less than 50 percent of the retail value of the entire package($5+$33=15%). You would compute and report tax only on the value of the nonfood product($5). Example 3 You are selling an Easter basket filled with chocolate eggs.The basket and wrapping represent 10 percent of the total retail value of the package,and the chocolate eggs represent 90 percent.The entire package would.be nontaxable. Note:If a combination package is partially taxable,you must segregate in your records the retail selling price of the taxable and nontaxable components Dietary Supplements Sales tax generally applies to preparations in liquid,powdered,granular, (Health Foods) tablet,capsule,lozenge and pill form sold as dietary supplements or adjuncts.If an item is sold in one of these specified forms,the following methods may be used to determine its taxability. • If an item is described on its label or package as a food supplement, food adjunct,dietary supplement,or dietary adjunct,its sale would be subject to the sales tax. • If an item is prescribed or designed to remedy specific dietary deficiencies or to increase or decrease generally those areas of human nutrition dealing with vitamins,proteins,minerals or calories,its sale would be subject to the sales tax. • If an item is in one of the specified forms,it may be taxable if it is generally recognized as a dietary supplement,even though it is not described as such on its package and does not emphasize its vitamin, protein,mineral or calorie content.Examples include cod liver oil, wheat germ oil,and amino acid products. Hot Prepared Sales of hot prepared food products are subject to sales tax regardless of Food Products whether sold for consumption on the premises or"to go." Hot prepared food products are products,items,or components that have been prepared for sale in a heated condition and sold at any temperature higher than the air temperature of the room or place where they are sold. Examples of hot prepared food products include hot pizza,hot barbecued chicken,hot spareribs,hot popcorn and hot nuts. If you sell nuts from an ATTACHMENT NO. 5-4 r 1 enclosed display case which is heated through the use of an ordinary light globe,the sales are sales of hot food products and subject to sales tax. Hot prepared food products also include a combination of hot and cold food items where a single price has been established for the combination. Examples.include a combination of cole slaw,rolls,and hot chicken sold for a single price;and a doughnut and coffee sold for a single price. Hot bakery items,hot coffee,and other hot beverages are hot prepared food products,but,except for bouillon,consomme,and soup,are exempt from tax when sold for a separate price. Food Service If your store has a snack bar,soda fountain,cafeteria or a similar Operations operation,you must report sales tax for sales of sandwiches,ice cream, and other foods if those foods are sold in a form for consumption at tables, chairs,or counters or from trays,glasses,dishes or other tableware which you provide.For example,if you provide either a stand-up or sit-down counter in the delicatessen section,tax applies to food sold for consumption at the counter. With the exception of hot prepared food products described above, tax does not apply to your sales of food"to go."If you claim an exemption from tax for sales of this type,you must either:(1)show that no facilities are provided where the food can be consumed immediately;or(2) if such facilities are provided,keep a careful segregation of your receipts from such sales on separate cash register listings,on copies of sales slips,or in some similar record that can be verified by audit. If you also provide a catering service,sales tax applies to your entire charge for serving meals,food,and beverages on the premises of your customers.This includes any charges for the food,the use of dishes, silverware,glasses,chairs,tables,and so forth,used in connection with serving the meals,and for the labor of serving the meals whether performed by you or a subcontractor. Snack Foods, Candy, Sales of snack foods,candy,and'confectionery are currently exempt'from tax. Confectionery During-the period July 15,1991 through November 30,1992,sales of snack foods,candy and confectionery were taxable. Water Sold Through Dispensers.Sales of purified drinking water dispensed. through vending machines are exempt provided that'the water enters the vending machine through local supply lines and is dispensed into the customer's own container. Bottled Water.Sales of carbonated and effervescent bottled water are taxable. Note.The size of the container no longer has any bearing on the taxability of sales of bottled water.For periods prior to July 15, 1991, sales of noncarbonated and noneffervescent bottled water were exempt only if the individual containers were one-half gallon or more ATTACHMENT NO. 5 in size.And,during the period July 15, 1991,through November 30, 1992,noncarbonated and noneffervescent bottled water(as well as carbonated and effervescent bottled water)were taxable,regardless of the size of container. Chewing Gum Sales of chewing gum are exempt from tax(including both nonmedicated and medicated gum). Note:For periods prior to July 15,1991,nonmedicated gum was exempt,and medicated gum was taxable.During the period July 15, 1991,through November 30, 1992,both nonmedicated and medicated gum were taxable. Miscellaneous The following information applies to a variety of sales and charges that occur at Charges and grocery stores. If you need additional information on a topic or if a topic is not Transactions listed that you need information for,please contact a nearby Board office. .Bottle Deposits Deposits received on returnable containers are not subject to sales tax.This is true even though the bottles are not returned.However,when deposits received and refunded are not segregated in some manner in your records, it is presumed that the total deposits received are equal to the deposits refunded. California The California Redemption Value-(recycling fee)applies to nonrefillable Redemption Value containers used for the following beverages. • Beer and other malt beverages • Carbonated mineral and soda waters • Carbonated soft drinks in liquid form • Wine and distilled spirits cooler beverages If the sale of the beverage is subject to tax,the redemption value is also . subject to tax.Tax applies to the amount received from the sale of a beverage and its container and the amount charged for the redemption value of the container.The redemption value is not a considered a deposit under the Sales and Use Tax Law and may not be deducted from gross receipts on your tax return. i As a retailer,if your sales and storage areas totals more than 4,000 square feet, you are required to separately state the redemption value in all advertising and on the shelf.If possible,you should also separately state the redemption value on your customer cash register receipts. The minimum redemption value set by law is currently two and one-half cents(2.5¢)per container. ArTACH�ENT N9. 5.� Sales1. Medicine,Medical • ' • dMedical Appliances This chapter provides information on the taxability of sales of medicine made by drug stores. See chapter 2 for information on other types of sales,such as sales of food products,newspapers,and giftware. If you have a question that is i not answered here,please call us for help(see page 14). Introduction In general,you are not required to report tax on retail sales of medicine that are • Prescribed for the treatment of a human being by a licensed physician,podiatrist,or dentist and dispensed by a registered pharmacist in accordance with law (see page 4 for a definition of registered pharmacist),or •Sold to a licensed physician,dentist,podiatrist,or health facility (see page 4 for definition of health facility) for the treatment of a ' human being,or •Sold to the state of California or any of its political subdivisions for use in the treatment of a human being by a medical facility or clinic maintained by the state or any of its political subdivisions(such as a city or county,or hospital district). To be exempt from tax,the item sold must qualify as a medicine and be sold as described above,or it must or be specifically exempted under the Sales and Use Tax Law.Otherwise,the sale is generally subject to tax. Medicine defined:According to the Sales and Use Tax Law,medicine means any substance or preparation intended for use by external or internal application to the human body in the diagnosis,cure,mitigation, treatment,or prevention of disease and commonly recognized as a sub- stance or preparation intended for that use.As explained in the following pages,certain supplies,devices,and appliances are specifically included within the definition of medicine,while others are specifically excluded. Taxability of The following information discusses the taxability of medicines and other Specific Types medical items.It is presumed that the items being sold will be used to treat a of Sales human being rather than a pet or other animal. Prescribed You are not generally required to report tax on sales of prescribed Medicines drugs and other preparations or substances used to treat,diagnose, cure,mitigate,or prevent disease.To be exempt,the drug or prepara- tion must be prescribed by a licensed physician,dentist,or podiatrist, and the prescription must be filled by a registered pharmacist. Over-the-Counter Sales of over-the-counter medicines are taxable unless prescribed by a Medicines licensed physician,dentist,or podiatrist.Examples of over-the-counter medicines include aspirin,cough syrups,cough drops,throat lozenges, and so forth. rage V, A-rt-A- LhmENT NO. S m 1656 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 1657 p M98-1 M98-1 Regulamo �163 FOOD PRODfJM. Regulation 1602. lCoatM LD Rejemnc rs: Sections 6353 and 6359.Revenue and Taxation Code. (4) "Food products" do not include medicines, cougb drops, mineral oils, , California Constitution,Ankle Xtll.Section 34. cigarettes,cigars,tobacco.coloring extract,ice,and dog.cat,bird and other animal foods, and for the period July 15, 1991 through November 30, 102, candy, (a) W GENERAL. Tax does not apply to sales of food products for human confectionery,and snack foods. consumption except as provided in Regulations 1503, 1574,and 1603.(Grocers,in (A) Snack Foods. For purposes of this section. "snack foods" means particular,should note that tax applies to sales of"hot prepared food products"as cookies,crackers(excluding soda,graham and arrowroot crackers),potato,corn,rice m provided in Regulation 1603(e).) or tortilla chips, snack cakes or pies, pretzels, granola snacks. popped popcorn, m fabricated chips and snacks. ►� (l) "Food products"include cereal and cereal products,including malt and malt 1. "Snack foods" does not include doughnuts, breads. pastry and oil extracts.milk and milk products.including ice cream,ice milk and ice cream and ice bakery products(other than cookies.crackers.snack cakes and.pies). milk novelties, sherberts, imitation ice cream and imitation ice milk, dried milk 2. "Suck foods"does not include nuts or nut meats; seeds.or dried fruit products, sugar of milk, milk shakes, malted milks. and any other similar type snacks. beverages composed at least in part of milk or a milk product and requiting the use of milk or a milk product in their preparation, oleomargarine. meat and meat 3. "Snack foods" does not include beef jerky and similar dried meat products. fish and fish products, eggs and egg products, vegetables and vegetable products, natural pork skins, hot dogs. franks. weiners, sausages, canned meat products, including dehydrated vegetables,fruit and fruit products,spices and salt. products.or sandwich meats whether sliced or unsliced. coffee and coffee substitutes. tea, cocoa and cocoa products, sugar and sugar 4. "Soda crackers"are a thin,crisp saltine wafer or biscuit made with flour. products,baby foods,bakery products,.marshmallows,baking powder,baking soda, yeast,water,shortening,salt.and soda.The term does not include such bakery items cream of tartar,coconut,flavoring extracts,flour,gelatine,jelly powders.mustard, which are chemically leavened or contain one or more flavoring agents,for example, _ nuts;peanut butter.sauces,soups,syrups(for use as an ingredient of.or upon,food honey.sugar,or molasses.The term also does not include panned buttim malt,milk, d products as defined herein), yeast cakes, olive oil, bouillon cubes, meat extracts. fat sprayed,cheese,and pilot bread crackers. 0 popcorn, honey, jams, jellies, certo, mayonnaise, and flavored ice products, (B) "Snack foods" means items which are sold in a condition suitable for X including popsicles and snow cones. "Food products"include candy.confectionery, immediate consumption without further processing such as cooking, heating, or D chewing gum,and snack foods except as provided in subdivisions(a)(3)and(a)(4) thawing. m below. 1. "Fabricated snacks" means snacks-made from components, including N (2) "Food products" include all fruit juices, vegetable juices, and other food components, which are processed and formed. "Fabricated snacks"include, beverages,whether liquid or frozen,including all beverages composed in part of fruit but is not limited to,such items as grain cakes.shoestring potato snacks, food bat. or vegetable juice and concentrates.powders,or other bases for such beverages,and or squares,and extruded snacks.The term does not include"meal replacement bars" noncarbonated and nonefferverscent bottled water intended for human consumption which supply.per serving(as defined by the manufacturer),at least 250 calories and regardless of the method of delivery. "Food products"does not include carbonated 25%of the U.S.RDA of vitamins and minerals(as established by regulations of the _4 or effervescent bottled waters. spirituous, malt or vinous liquors, or carbonated United States Food and Drug Administration). �. Beverages. 2. "Extruded snacks" includes, but is not limited to, curls, puffs, twists, For the period July 15. 1991 through November 30,1992,"food products"does not balls,filled snacks,and pellet-based snacks. "Snack cakes or pies" means cakes or pies which are baked or fried in include noncarbonated and noneffervescem bowled water.Sales of purified drinking (C) p p M water through vending machines or outlets in retail stores where the water enters the individual saving sizes or cut and pre-wrapped or pre-packaged for subsequent sale 'I Z machine or outlet through local supply lines and is dispensed into the customer's in individual serving sizes, whether sold individually or packaged together. A T own containers are exempt under Revenue and Taxation Code section 6353. package of single-serving items is subject to tax.The teen does not include whole m —9w cakes or pies nor does it include a slice of pie or cake which is not pre-wrapped or (� Tax does not apply to sales of water in bulk quantities of 50 gallons or more to an prepackaged at the time of sale:. 6 individual for use in a residence when that residence is not serviced by lines, mains (D) ' "Granola snacks"means granola bats and squares but does not include or pipes. granola sold in bulk,cereals,and trail mixes. (3) For the period July 15, 1991 through November 30, 1992, "food products" (E) Candy and Confectiomry. For the period July 15, 1991 lhrough do trot include nonmedicated chewing gum and breath mints. November Ift toes "V ,.,..st..•..-_r-- .r__r,..__� m 1658 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 1659 M98-1 M98-1 p V Regulation 1602. lContd.) Regutatlian 198Z_ (Coned.) kD (5) 'Food products" do not include any product for human consumption in consumption and not for resale.If the commodity sold to the consumer is included liquid, powdered, granular, tablet, capsule, lozenge, or pill form (A) which is in the term "food products"and if the product into which it is incorporated is for described on its package or label as a food supplement. food adjunct, dietary human consumption,the sale of the commodity is within the exemption provided by Ol supplement,or dietary adjunct.and to any such product(B)which is prescribed or this section. designed to remedy specific dietary deficiencies or to increase or decrease generally one or more of the following areas of human nutrition: History.• Effective,except as above indicated,July 1, 1935. 0 Amended August 19, 1953. W 1. Ytamins o, 2. Proteins Amended September 18, 1963. an• 3. Minerals Amended September 2,1963,applicable as amended September 17, 1965. 4. Caloric intakeAmended November 3, 1969,applicable on and after January 1, 1970. Amended February 19. 1970,applicable on and after January I, 1970. m In determining whether a product falls within category(B),it is important whether Amended and renumbered November 3, 1971,effective December 3. 1971. the manufacturer has specially mixed or compounded ingredients for the purpose of Amended December 15.1971.applicable on and after December 15, 1971. providing a high nutritional source.For example.protein supplements and vitamin Amended February 16, 1972.effective March 2S, 1972. pills are taxable as food supplements. Amended May 10, 1971.effective June 23.1973. Amended September 18.1973,effective October 27, 1973. Other items,such as.cod liver oil,halibut liver oil,and wheat germ oil,are considered Amended June 25, 1"1,effective November 1. 1981.Added Section 6359.6 so dietary supplements and thus subject to tax even though not specially compounded. references;deleted amended effective dates in(a)(1)and(2)and(3)_In(a)(2) However, unusual foods such as brewer's yeast.wheat germ and seaweed am not added exemption for bottled water operative 111181. subject to tax except when their label states they are a food supplement or the Amended March 6, 1995.effective May 31, 1985.Subdivision(a)(2)has been equivalent Finally, the compounding of nutritional elements in items traditionally changed to provide that the exemption from tax for the sale of noncarbonated accepted as food does not make them taxable,e.g.,vitamin-enriched milk and high and noneffervesant bottled water shall be expanded to apply to water sold in r- protein flour. individual containers of one-half gallon or moot in size. Tax,however,does not apply to any such products which either are exempted by Amended August t, 1991,effective August 30.t991. 3 Amended pursuant to Chapter 85,Statutes of 1991,and Chapter 89.Statutes of v Revenue and Taxation Code Section 6369,respecting prescription medicines,or are 1991, to exclude from the definition of '`food products" snack foods, as z complete dietary foods providing the user in the recommended daily dosage with defined, candy. confectionery and nonmediwted gum and to repeal the mm substantial amounts of vitamins.proteins, minerals and foods providing adequate exemption from tax for sales of noncarbonated and noneffervescent bottled LO caloric intake.An example of the latter is a food daily providing the user with the water undercertain conditions.Chapter 95.Stau.1991.repealed the exemp" following: effective July 1, 1991;Chapter$8,Slats. 1991,changed the effective dat. 1. 70 grains of high quality protein July Is. 1991. D 2. 900 calories Amended September 29, 1994.effective October-29. 1994.Amended to provide :—t 3. Minimum daily requirements as established by the regulations of the that sales of snack foods are not subject to tax effective December 1. 1992; Federal Food and DrugAdministration of the followingvitamins: A. B I. C D "food products"does not include carbonated or effervescent bottled water but �' Riboflavin, and Niac n or Niacinamide; and (allowing minerals: Calcium, does include e noncarbonated and noneffervescem water intended for human �.. Phosphorus,iron and Iodine. consumption regardless of the method of delivery. (b) SALES OF COMBINATION PACKAGES.. When a package contains both l'1"l food products (e.g., dried fruit)and nonfood products (e.g., winm or toys), the . application of tax depends upon the essential character of the complete package.If Regulation 1602.5. REPORTING METHODS FOR GROCERS. "1 more than 10 percent of the retail value of the complete package,exclusive of the m Z container, represents the value of the nonfood merchandise,a segregation must be References. Sections 6359 and 6373.Revenue and Taxation Code. made and the tax treasured by the retail selling price of such nonfood merchandise. a . (e) FOOD PRODUCTS PROCESSED BYTHE CONSUMER. Aeommodity (a) FOOD PRODUCTS EXEMMON--IN GENERAL Tax does not apply included in the term "food products" under Revenue and Taxation Code Section to sales of food products for human consumption.Accurate and complete records of all purchases and sales of tangible personal property must be kept to verify all 6359 may be sold to a consumer to be promised and incorporated into a product exemptions claimed as sales of exempt food products. which is for human consumption but which is excluded from the term food m SALES AND USE TAX REGULATIONS 1667 M98-1 Rngulada 1603. MAKE SALES OF FOOD PRODUCTS. Rejeances: Sections 6006,6012,6359,63S9.1,6359AS,6361.6363,6363.5.6363.6,6370, 6373.6374.6376.5,Revenue and Taxation Code. Food Products Generally,we Regulation 1602. Alcoholic Beverages, tax reimbursement when served with. see Regulation Q' 1700. Meals served to patients and inmates of an institution.see Regulation 1 SD3. Vending Machines,when considered selling meals,see Regulation 1574. m Meals at summer camp,see Regulation 1506(e). m Parent-teaches associations as consumers,see Regulation 1597. (a) RESTAURANTS, HOTELS, BOARDING HOUSES, SODA m FOUNTAINS, AND SIMILAR ESTABLISHMENTS. The term "Boarding House"as used in this regulation means any establishment regularly serving meals on the average to five or more paying guests.The term includes a "guest home." "residential care home." "halfway house,"and any other establishment providing room and board or board only.which is not an institution as defined in Regulation 1503 and Section 6363.6 of the Revenue and Taxation Code.The fact that guests may be recipients of welfare funds does not affect the application of tax. A person or establishment furnishing meals on the average to fewer than five paying guests during the calendar quarter is not considered to be engaged in the business of selling = meals at retail. C' r Tax applies to sales of meals or hot prepared food products(see(e)below)furnished 3 by restaurants,concessionaires,hotels,boarding houses,soda fountains,and similar z establishments whether senved on or off the premises. In the case of American Plan �.., hotels and boarding houses, a reasonable segregation must be made between the N charges for rooms and the charges for meals or hot prepared food products.Charges by hotels or boarding houses for delivering meals or hot prepared food products to, or serving them in.the rooms of guests are includable in the measure of tax on the sales of the meals or hot prepared food products whether or not the charges are . separately stated.(Caterers,see(h)below.) �. Souff d cups. straws, paper napkins, toothpicks and like items that are not of a C7 reusable character which are furnished with meals or hot prepared food products are _. sold with the meals or hot prepared food products. Sales of such items for such purpose to persons engaged in the business of selling meals or hot prepared food M products are,accordingly,sales for resale. D (b) "DRIMINS." Tax applies to sales of food products ordinarily sold for m z immediate consumption on or near a location at which parking facilities are provided d primarily for the use of Patrons in consuming the products purchased at the"drive- in" ma establishment,even though such products are sold on a "take out"or "to go" order and are actually packaged or wrapped and taken from the premises of the retailer.Food products when sold in bulk,i.e.,in quantities or in a form not suitable rnT Mwt///wnfinw nw /n•�rs/wa�.d. w..�.+.��- �..� ��• _____!_i .. ..• •. m 1668 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 166!"- M99-1 M98—lA Rogulatrion 1603. ;Coutd.) Regulation 1603. (Contd.l %o provided by the retailer.Accordingly, with the exception of sales of hot prepared Pieces of candy sold in bulk quantities of one pound or greater,however,are deemec food products(see(e)below)and sales of cold food under the M80 rule(see(c) to be sold in a form not suitable for consumption on the seller's premises. below), ice cream, doughnuts, and other individual food items sold in quantities p obviously not intended for consumption an the retailer's premises. sold without The team does not include cold food products .which obviously would not bect eating utensils, trays or dishes and not consumed on the retailer's premises. are consumed on the premises of the seller, e.g., a cold party tray or a whole cold exempt from tax.Any retailer claiming a deduction on account of food sales of this chicken. m type must support the deduction by complete and detailed records.' (3) 80-80 RULE. Tax applies under this subdivision only if the seller meetso, (e) COLD FOOD SOLD ON A"TAK&OUT"ORDER both of the following criteria: (A) more than 80 percent of the seller's gross receipts are from the ; iof N (1) GENERAL. food products,and (A) Seller Qualifying Under the W80 Rule. When a seller qualifies under (0) more than 80 percent of the seller's retail sales of food products are the provisions of subdivision(c)(3)below(80-80 rule),tax applies to sales of cold taxable as provided in either(a),(b).(e),or(f)of this regulation. food products (including sales for a separate price of hot bakery goods and hot Any seller meeting both of these criteria and claiming a deduction for the sale beverages such as coffee)in a form suitable for consumption on the seller's premises of cold food products in a form not suitable for consumption on the seller's premises even though such food products are sold on a "take-out"or"to go"order.Sales of must support the deduction by complete and detailed records of such sales made. cold food products which are suitable for consumption on the seller's premises are subject to the tax no matter how great the quantity purchased,e.g.,40 one-half pint (d) PLACES WHERE ADMISSION IS CHARGED. containers of milk. Except as provided elsewhere in this regulation, tax does Dot apply to sales of food products which are furnished in a form not suitable for (1) GENERAL. Tax applies to sates of food products when sold within, and d consumption on the seller's premises. for consumption within, a place the entrance to which is subject to an admission (8) Seller Not Qualifying Under the 80-80 Rule, When a seller does not charge.during the period when the sales are made,except for national and state parks qualify under the provisions of subdivision(c)(3)below(80-80 rule), tax does not and monuments,and marinas,campgrounds,and recreational vehicle parks. apply to sales of cold food products(including sales for a separate price of hot bakery z goods and hot beverages such as coffee)when sold on a"take-out"or"to go"order. (2) DEFINMONS. m 2) DEFINITION. For u (A) "Place"means an area the exterior boundaries of which are defined by to ( purposes of this subdivision(c).the term"suitable for walls.fences or otherwise in such a manner that the area readily can be recog-'--d consumption on the seller's premises"means food products furnished: and distinguished from adjoining or surrounding property. Examples in. Je (A) in a form which requires no further processing by the purchawr,including buildings.fenced enclosures and areas delimited by posted signs, but not limited to cooking,heating,thawing,or slicing,and (8) "Within a place"means inside the door,gate.turnstile,or other point at (8) in a size which ordinarily may be immediately consumed by one person which the customer must pay an admission charge or present evidence, such as a such as a pint of ice cream, a pint of milk.or a slice of pie. Cold food products ticket,that an admission charge has been paid.Adjacent to,or in close proximity to, --� a place is not within a place. Dfurnished in containers larger in size than a pint are not considered to be in a form (C) "Admission charge" means any consideration required to be paid in suitable for immediate consumption. money or otherwise for admittance to a place, = r The records acceptable in support of such a deduction are: (a) A salts ticket prepared for each transaction claimed as being tax exempt showing: "Admission charge"does not include: (1) Date of the sate, 1. Membership dues in a club or other organization entitling the member D I (2)Tile kind of merchandise sold. to.among other things,entrance to a place maintained by the club or organization, m Z (3)The quantity of each kind of merchandise sold, such as a fenced area containing a club house.tennis courts,and a swimming pool. -^-1 (4)The price of each kind of merchandise sold, Where a guest is admitted to such a place only when accompanied by or vouched for ,m Z (5) The total price of merchandise said, by a member of the club or organization, any charge made to the guest for use of (6) A statement to the effect that the merchandise purchased is not to be consumed at _ facilities in the place is not an admission charge. or near the location at which parking facilities are provided by the retailer.and 7, A charge for a student body card entitling the student to,among other (b) A daily sales record kept in sufficient detail to permit verification by audit that all things,entrance W a lace,such as entrance to a school auditorium a:whirl.a r♦nKon gross receipts from sales have been accounted for and that all sales claimed as being tax g p etenw OM;nP1sm4&w 6--:. r9 1670 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 1671 M98-I M98-1 A Regutation 1603. (Good.) Regulation 1603. (Contd.) 3. A charge for the use of facilities within a place to which no entrance The inclusion of any hot food product in an otherwise cold combination of food tD charge,is made to spectators. For example, green fees paid for the privilege of products sold for a single established price,results in the tax applying to the entire playing a golf course,a charge made to swimmers for the use of a pool within a place, established price, e.g., hot coffee served with a meal consisting of cold food or a charge made for the use of lanes in a public bowling place. products,when the coffee is included in the established price of the meal. If a single m (D) "National and state parks and monuments"means those which are part of price for the combination of hot and cold food items is listed on a menu,wall sign or the National Park System or the State Park System. The phrase does not include is otherwise advertised. a single price has been established. Except as otherwise parks and monuments not within either of those systems, such as city, county, provided in(b),(c),(d)or(f)of this regulation,or in regulation 1574,tax does not regional,district or private parks. apply to the sale for a separate price of bakery goods, beverages classed as food m products.or cold or frozen food products.Hot bakery goods and hot beverages such (3) PRESUMPTION THAT FOOD IS SOLD FOR CONSUMPTION WITHIN as coffee are hot prepared food products but their sale for a separate price is exec N A PLACE. When food products are sold within a place the entrance to which is unless taxable as provided in(b),(c),(d)or(f)of this regulation,or in Regulation subject to an admission charge,it will be presumed,in the absence of evidence to the 1574.Tax does apply if a hot beverage and a bakery product or cold food product are contrary,that the food products are sold for consumption within the place.Obtaining sold as a combination for a single price. Hot soup,bouillon,or consommi is a hot and retaining evidence in support of the claimed tax exemption is the responsibility prepared food product which is not a beverage. of the retailer.Such evidence may consist,for example,of proof that the sales were of canned jams,cake mixes, spices,cooking chocolate,or other items in a form in (2) AIR CARRIERS ENGAGED IN INTERSTATE OR FOREIGN which it is unlikely that such items would be consumed within the plane where sold. COMMERCE. Tax does not apply to the sale.storage.use,or other consumption of hot prepared food products sold by caterers or other vendors to air carriers (4) FOOD SOLD TO STUDENTS, The exemption otherwise granted by engaged in interstate or foreign commerce for consumption by passengers on such Section 6363 does not apply to sales of food products to students when sold within, air carriers,nor to the sale,storage, use,or other consumption of hot prepared food z and for consumption within.a place the entrance to which is subject to an admission products sold or served to passengers by air carriers engaged in interstate or foreign d charge.and such sales are subject to tax ex as provided in of this regulation. commerce for consumption b passengers on such air carriers. "Air carriers" arc r- 1 P (P) t;u mP Y P 8 For example,when food products are sold by a student organization to students or to persons or firms in the business of transporting persons or property for hire or 3 both students and nonstudents within a place the entrance to which is subject to an compensation,and include both common and contract carriers. "Passengers"do not a admission charge.such as a place where school athletic events are held.the sales to include crew members.Any caterer or other vendor claiming the exemption must z both students and nonstudents are taxable. support it with an exemption certificate from the air carrier substantially in the form Umi prescribed in Appendix A of this regulation. (e) HOT PREPARED FOOD PRODUCTS (I) GENERAL Tax applies to all sales of hatprepared food roducts unless (1) KIDD FOR CONSUMPTION AT FACILITIES PROVIDED BY THt; pP P RETAILER. Tax applies to sales of sandwiches, ice cream.and other foods sold otherwise exempt. "Hot prepared food products" meats those products,items,or in a form for consumption at tables,chairs.or counters or from trays,glasses,dishes, components which have been prepared for sale in a heated condition and which are or other tableware provided by the retailer or by a person with whom the retailer -{ sold at any temperature which is higher than the air temperature of the room or place contracts to furnish.prepare,or serve food products to others. > where they arc said.The mere beating of a food product constitutes preparation of a C7 hot prepared food product,e.g.,grilling a sandwich,dipping a sandwich bun in hot A passenger's seat aboard a train, or a spectator's seat at a game, show,or similar S gravy,using infra-red lights,steam tables,etc.if the sale is intended to be of a hot event is not a "chair"within the meaning of this regulation.Accordingly,except as food product, such sale is of a hot food product regardless of cooling which otherwise provided in(c).(d).and(e)above,tax does not apply to the sale of cold M incidentally occurs.For example,the sale of a toasted sandwich intended to be in a sandwiches, ice cream, or other food products sold by vendors passing among the We of a hot passengers or spectators where the food products are not"for consumption at tables, heated condition when sold,such as a fried ham sandwich on toast,is a m chairs,or counters or from trays,glasses,dishes,or other tableware provided by the pr+epar�od food product even though it may have cooled due to delay.On the other , Z hand,the sale of a toasted sandwich which is not intended to be in a heated condition retailer' m when sold,such as a cold tuna sandwich on toast,is not a sale of a hot prepared food TIPS AND SERVICE CHARGES. Na employer shall collect, take, or product.When a single price has been established for a combination of hot and cold (P) food items,such as a meal or dinner which includes cold components or side items, receive any gratuity or a part thereof.paid,given to, or left for an employee by a tax applies to the entire established price regardless of itemization on the sales check, patron, or deduct any amount from wages due an employee on account of such CSO 1672 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 1673 M98-1 M98-1 A Regulation 1603. 1Contd.l Regulation 1603. (Contd.) gratuity against and as a part of the wages due the employee from the employer. V) STUDENT MEALS. to (Labor Code Section 351.) If this prohibition is violated, any amount of such (1) DEFINITIONS. gratuities received by the employer wil I be considered a part of the gross receipts of the employer and subject to the tax. (A) "Food Products". As used herein,the term"food products"as defined m in Regulation 1602(18 CCR 1602)includes food furnished,prepared,or served for Amounts designated as service charges,added to the price of meals are a part of the consumption at tables, chairs, or counters, or from trays, glasses, dishes, or other selling price of the meals and,accordingly,must be included in the retailer's gross tableware provided by the retailer or by a person with whom the retailer contracts to LD receipts subject to lax even though such service charges are made in lieu of tips and furnish,prepare or serve food to others. m Cn are paid over by the retailer to employees. (B) "Meals". As used herein, the term "meals" includes both food and nonfood products which ate sold to students for an established single price at a (b) CATERERS. The term "caterer"as used in this regulation means a person set aside for meals.It a single price for the combination of a nonfood product ai...a m engaged in the business of serving meals. food and drinks on the premises of the food product is listed on a menu or on a sign,a single price has been established.The customers but does not include employees hind by the hour or day. term -meals"does not include nonfood products which are sold to students for a separate price and tax applies to the sales of such products. Example%of nonfood Tax applies to the entire charges made by caterers for serving meals, food, and products are: carbonated beverages and beer. For the purpose of this regulation. drinks, inclusive of charges for food.the use of dishes.silverware,glasses,chairs, products sold at a time designated as a"nutrition break","recess",or similar break, tables,etc.,used in connection with serving meals,and for the labor of serving the will not be considered "meals". meals,whether performed by the caterer,the caterer's employees or subcontractors. (2) APPLICATION OF TAX. Tax applies to charges made by caterers for preparing and serving meals and drinks even though the food is not provided by the caterers.Tax applies to charges made by (A) Sales By Schools,School Districts and Student Organizations. Sales of meals or food products for human consumption to students caterers for hot prepared food products as in(e)above whether or not served by the , a school public or caterers. Tax does not apply to charges made by caterers for the rental of dishes, private schools, school districts. and student organizations, are exemptt from tax, except silverware,glasses,etc.,purchased by the caterer with tax paid on the purchase price otherwise provided in er o o if no food is provided or served by the caterers in connection with such rental. (B) Sales by Parent-Teacher Associations Organizations. Tax does not 3 apply to the sale of,nor the storage.use or other consumption in this state of,meals z Sales of meals by caterers to social clubs,fraternal organizations or other persons are and food products for human consumption furnished or served to the students of a ►-. sales for resale if such social clubs,fraternal organizations or other ��by parent-teacher associations. Parent-teacher associations qualifying under umi rg persons are the Regulation 1597 as consumers are not retailers of tangible personal property whi^" retailers of the meals subject to tax under(i)below and give valid resale cerlifecata they sell.Accordingly,tax does apply to the sale to such associations of nonl therefor items such as carbonated beverages,containers,straws and napkins. (C) Sales by Blind Vendors. Tax does not apply to the sale of meals or food ..--{ (i) SOCIAL CLUBS AND PRATMALORGANIZATIONS. "Social Clubs products for human consumption to students of a school by any blind person (as and Fraternal Organizations"as used herein include any corporation, partnership, defined in Section 19153 of the Welfare and institutions Code)operating a restaurant association or group or combination acting as a unit,such as service clubs,lodges. or vending stand in an educational institution under Article 5 of Chapter 6 of Part 2 and community,country,and athletic clubs. of Division 10 of the Welfare and Institutions Code,except as otherwise provided in The tax applies to receipts from the furnishing of meals, food,and drink by social (d)(4)above. clubs and fraternal organizations unless furnished:(1)exclusively to members,and (k) EMPLOYEES'MEALS. D also,(2)less frequently than once a week. Both these requirements trust be met.If the club or organization furnishes meals,food or drink to nonmembers,all receipts (1) 1N GENERAL. Any employer or employee organization that is in the from the furnishing of meals.food or drink an subject to tax whether furnished to business of selling meals,e.g.,a restaurant,hotel,club,or association,must include Q members or nonmembers. including receipts on occasions when furnished its receipts from the sales of meals to employees.along with its receipts from sales m exclusively to members.Meals. food or drink paid for by members are considered to other purchasers of meals, in the amount upon which it computes its sates tax furnished to them even though consumed by guests who are not members. liability.An employer or an employee organization selling meals only to employees becomes a retailer of meals and liable for sales tax upon its receipts from sales of meals if it sells meals to an average number of rive or more employees during the m 1674 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 1675 M98--1 M98-1 Reguladon 1102. (Contel.) Regulation 1603. (Contd.) Lo w (2) SPECIFIC CHARGE. The tax applies only if a specific charge is made for furnishing or serving the meals and food products is actually used in carrying on such the meals.Tax does not apply to casts paid an employee in lieu of meals.A specific functions and activities.For the purposes of this regulation,"religious organization" charge is made for meals if.. means any organization the property of which is exempt from taxation pursuant to a (A) Employee pays cash for meals consumed. Subdivision(f)of Section 3 of Article XIII of the State Constitution. (B) Value of meals is deducted from employee's wages. (C) Employee receives meals in lieu of cash to bring compensation up to legal (m) INSTITUTIONS. Tax does not apply to the sale of,nor the storage,use,or m minimum wage. other consumption in this state of.meals and food products for human consumption w (D) Employee has the option to receive Cash for meals not consumed. furnished or served to and consumed by patients or residents of an "institution"as m defined in Regulation 1503.Tax,however,does apply to the sale of meals and f, employer is the consumer of the food products purchased and the sale of food Products by an institution to persons other than patients or residents of t. .' m (3) NO SPECIFICCHARGE. If no specific charge is made for meals, the institution. products to him or her is not subject to the tax.If nonfood items are furnished with the meals, such as cigarettes and soft drinks, the tax applies to the sale of such (a) MEAL PROGRAMS FOR LOW-INCOME ELDERLY PERSONS. Tax products to the employee does not apply W the sate of,and the storage,use or other consumption in this state In the absence of any of the conditions under(k)(2)a specific charge is not made if. of, meats and food products for human consumption furnished or served to low- (A) A value is assigned to meals as a means of reporting the fair market value income elderly persons at or below cost by a nonprofit organization or govemmental agency under a program funded by this state or the United States for such purposes. of employees' meals pursuant to state and federal laws or regulations or union contracts. (o) FOOD PRODUCTS, NONALCOHOLIC BEVERAGES AND OTHER (lit) Employees who do not consume available meals have no recourse on their TANGIBLE PERSONAL PROPERTY TRANSFERRED BY NONPROFIT = employer for additional cash wages. (C) Meals are generally available to employees, but the duties of certain YOUTH ORGANIZATIONS. See Regulation 1S9?(d)for application of tax on food products, nonalcoholic beverages and other tangible personal property o employees exclude them from receiving the meals and are paid cash in lieu thereof. transferred by nonprofit youth organizations. D z (4) MEALS CREDITED TOWARD MINIMUM WAGE. If an employee (P) NONPROFIT PARENT TEACHER ASSOCIATIONS. Nonprofit parem- receives meats in lieu of cash to bring his compensation up to the legal minimum wage,the amount by which the minimum wage exceeds the amount otherwise paid teacher associations and equivalent organizations qualifying under Regulation_ to the employee is includable in the employer's taxable gross receipts up to the value 1597(g)are consumers and not retailers of tangible personal property which it of the meals credited toward the minimum wage. sell. For example,if the minimum rate for an eight-hour day is$13.20,and the employee (q) MEALS AND FOOD PRODUCTS SERVED TO CONDOMINIUM received $12.20 in cash, and a lunch is received which is credited toward the RESIDENTS. Tax does not apply to the sale of and the storage, use, or other minimum wage in the maximum allowable amount of $1.00, the employer has consumption in this state of meals and food products for human consumption tr) received gross receipts in the amount of S 1.00 for the lunch, furnished to and consumed by persons 62 years of age or older residing in a X condominium and who own equal shares in a common kitchen facility:provided,that 4' (5) TAX REIMBURSEMENT. If a separately stated amount for tax the meals and food products are served to such persons on a regular basis. rT l reimbursement is not added to the price of meals sold to employees for which a ' specific charge is made,the specific charge will be regarded as being a tax-included This exemption is applicable only to sales of meals and food products for human D --� charge for the meats. consumption prepared and served at the common kitchen facility of the m Z condominium.Tax applies to sales to persons less than 62 years of age. m (f) RELIGIOUS ORGANIZATIONS. Tax does not apply to sales of meals and O7 food products for human consumption furnished or served by any religious (r) "FREE"MEALS. When a restaurant agrees to furnish.a "free"meal to a organization at a social or other gathering conducted by it or under its auspices,if the customer who purchases another meal and presents a coupon or card. which the purpose in famishing or serving the meals and food products is to obtain revenue for customer previously had purchased directly from the restaurant or through a sales the functions and activities of the organization and the revenue obtained from promotional agency having a contract with the restaurant to redeem the coupons or I 1676 SALES AND USE TAX REGULATIONS SALES AND USE TAX REGULATIONS 1677 M99-1 M98-1 Ropttlation lefts. (Conw.l Requlatlen 180a. (CwUl-) Lo col additional compensation from the agency or from its own sales of coupons.Any such Amended April 1, 1981.effective.August 19, 1981.In(1)changed"inmates"to additional compentation is a part of its taxable gmss receipts for the period in which 'residents."Added(r)• �• the meals are served. Amended May 9,1994.effective September 12.1994.In(d)(1)added reference to Regulation 1574;in(i)(2)(A)and(ix3)deleted reference to 33 percent of gross m Tax applies only to the price of the paid meal plus any such additional compensation. receipts from sate of cold food products sold for more than 15 cents;and in (i)(2)(A)deleted reference to Regulation 1514. (s) FOOD STAMP COUPONS. Tax does not ! to tangible ersonal Amended April 9.1995.effective June 27,198S.A new subdivision(c)was added C apply $ P to interpret and explain the 1984 amendments to Section 6359.Subdivisions m property which is eligible to be purchased with federal food stamp coupons acquired (d)through(p)were relettemd to(e)through(q)consecutively.Subdivision(f). m pursuant to the Food Stamp Act of 1977 and so purchased.When payment is made formerly designated(e)was changed by deleting obsolete language which was � in the form of both food stamps and cash,the amount of the food stamp coupons contrary to the provisions of Section 6359. as amended by Chapter N must be applied first to tangible personal property normally subject to the tax,e.g.. Statutes of 1984.and there were corrections of cross references. nonalcoholic carbonated beverages.Retailers are prohibited from adding any amount Amended May 6. 1986,effective July 24, 1996. to subdivision (d)(1),amended designated as sales tax, use tax, or sales tax reimbursement to sales of tangible regulation to include marinas,campgrounds.and recreational vehicle parks.In Personal property purchased with food stamp coupons. (See paragraph (e) of subdivision (o), amended regulation to limit organizations covered by regulation,and made the organizations consumers of certain items of tangible Regulation 1602.5 for special reporting provisions by grocers.) personal property. History: Amended September 14, 1935. Amended August 24. 1998. effective November 19. 1989. in subdivision (s) Amended September 1 amended to provide that certain items purchased with food stamp coupons are Amended September 13., 1961961.. exempt from sales and use taxes. In subdivision (r) amended to provide guidance with reference to free meals provided by restaurants under a sates = Amended September 2, 1963.applicable as amended September 17. 1965. Amended October 8, 1968,applicable on and after October 1, 1968, promotional plan, 0 Amended November 3, 1969,effective as amended January 1, 1970. Amended August 1.1999.effective October 15,1989.Subdivision(m),added the r- explanation that tax does apply to sales of meals and food productions to Amended December to. 1969.applicable as amended January 1, 1970. persons other than patients or residents. Amended and renumbered June 5. 1970.effective July 9. 1970. Amended Mardi 17, 1992.effective July 3. 1992, Amended June 19. 1970.effective July 23, 1970. Amended November 5,"1970.effective December 10, 197o. Divided former paragraph(j)(1)into(A)Food Products,as dermed in Regulation H Amended May 12.1971.effective June 13.1971.as a restatement. 1602,and (B)Meals, which includes tax application to food and non-food rn Amended September 13. 197 1,effective October 1. 1971. products; deleted •*or equivalent organizations" in paragraph (j)(2)(B) Amended December 15. 1971,applicable on and after January 1, 1972. conected various references,printing errors and numbering;added footno' Amended February 16, 1972,effective March 25. 1972. to paragraph(b)- Amended September 14. 1972.effective September 15, 1972. Amended October 26, 1993,effective February 20, 1994.Amended subdivision Amended October 17, 1973.effective November 19. 1973. (j)(I)(8)to delete"snack food"as an example of a non-food product;amended > Amended October 8. 1974,effective October 10, 1974.Noted effect of change of subdivisions (b) and (c); added (e)(IXB), (c)(2) and (ex3) to clarify the a definition of"institution". application of the 80-80 rule. Amended December 19. 1974,effective January 26, 1975,Clarified tax exempt sales of hot food to interstate air carriers,reorganized(d)and(e),and added(n) S on reference to section.on tax exempt sales by nonprofit youth sports organizations. Amended September 19, 1975,effective October 26. 1975.Corrected reference M and clarified the taxable status of sales of hot bakery goods and hot beverages, i z of vending machine sales.and of credited tips against the minimum wage. "'j Amended December 17.1975.effective January 1,1976.Noted that employers can z no longer credit tips against wages of employees and deleted references to such ! (c Q credit of tips as taxable receipts. " Amended September 28. 1978,effective November 18, 1978.Amends(i)(2)(A) and(c)(4);adds(i)(2)(8)and(o). Amended April 9, 1980,effective July 6.19M In Subsection(k)deleted"section I l%" and added "subdivision M of Section 3 of Article Xltf of the State - Constitution.Added to Aooendiz A sit t.s..rr.-... •�>s- - - r _ g s t Via' s .H.untincton-Beach Proposed .Wa1=Mart �i> •.; " PoS�D EAVES[IND ''�s1 `;I luntirigfon Beach,California j��%n •?,9ic5 � �-h'ravr�iA+�iNG c�9.gC..ES 67 •:.l.:nliwnl EfeLn' nni npnesent6ticc o JrJw(4h grry . - , ' �/'/`Jl , > '--AOD DElR/G RNO . ENysaNC 7NE �arx;ZE GYl7LbORFi9C�0E5 . � �5/T�76�9t / 1�GSZa Y /�r--�E,�YI� _4A�oed[EAl1RY: i4•ND FNT��'-QIYiRS � �XX�c3LE.St _ _ , s�-�enr ,t1vE,e REx�•,8� Av G.L.17r� /7 fi 'aa� 3i3 �sd n 7 .. .r Ta h.rr,h a rm Elevarlon U6H-rrPrarnianreoJ fL,a!desigrrJ - Y S J77 4 .—_E. !. �7�.'I T -i 1. - .y y'- - ty.,. :2i•'_ ��..,,7 'ccP-4afa�'3�3'2J�"'iw.2f�:1'i...;�.#'°i".a_;? L,}R',�,4'lK�K.,� :i..•. •'^.j �� 4�, -1 � '�.'�-x'-`'7�� cA `7'Y+.�Fi, Y!'� 4."C7a= S evF`+ ri���. .t. _f; �3t. i.!'F`S'�b.','}+{✓�.Y�:.;?5. - ..H-0� w Y�s'+c�i�"r1�£ _ •.�. '�.`�L'tP�?'q�t.�rr I:+..�.�.- . Rear El,anon(nor reproenradve at rind design) w i I . I ,y 1 I ^ Ale Devor.'an near r:praeni-mv• ibad du:gfy 7nNa p. s Y u rt, C AEST VIEW SCHOOL SI'i E ENVIRONMENTAL IMPACT REPORT NO. 97-1 MITIGATION MEASURES January 26, 1999 The following mitigation measures are included in Final Environmental Impact Report No. 97-1: TRAFFIC Prior to the issuance of the certificate of occupancy: T-1 The applicant shall construct a traffic signal at Talbert Avenue and the main project driveway. T-2 The applicant shall install a protected left-turn signal at the Newland Street/Talbert Avenue intersection. T-3 The applicant shall contribute a fair-share payment to the City of Fountain Valley to mitigate the deficiency described at the intersection of Talbert Avenue and Bushard Street based on the vehicle trips added to the intersection as predicted in the Traffic Impact Assessment. T-4 The applicant shall contribute a fair-share payment to the City of Huntington Beach to mitigate the deficiency described at the intersection of Beach Boulevard and Slater Avenue based on the vehicle trips added to the intersection as predicted in the Traffic Impact Assessment. NOISE The following mitigation measures are recommended to reduce project-related impacts with regard to noise: N-1 Store deliveries shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. N-2 Prior to the issuance of grading permits, an acoustical analysis shall be prepared to determine design level mitigation required for noise generated by on-site activities, including truck deliveries and loading dock operations. The study shall 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 conducted for this EIR, an appr specified herein oximate 12-foot high wall will be required along the entire east property and a portion of the south boundary, and an approximate ten-foot high wall will be required along the balance of the south property boundary). This study shall be reviewed and approved by the City's Community Development Department prior to the issuance of grading permits. - ATTACHMENT NO. ?• N-3 Prior to the issuance of occupancy permits, an appropriate noise wall system(pursuant to Mitigation Measure N-2) shall be constructed to the satisfaction of the City Engineer. RECREATION The following measure is recommended to mitigate the loss of open space/parkland associated with the proposed project: Prior to the issuance of building permits: R-1 Construction of access to Lambert Park from Newland Street shall be required. A switchback ramp is anticipated to be required and shall be provided pursuant to the requirements of the Americans with Disabilities Act. R72 A Phase I archaeological study, including a literature search, records search, field visit, and report outlining constraints or lack of constraints, shall be completed prior to construction of the access improvements. In the event that constraints are identified, an archaeological monitor shall 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 OVSD to mitigate the loss of recreational facilities at both the Crest View School site and the Rancho View School site, which is also anticipated to be developed with commercial uses. The agreement is anticipated to incorporate the following: Phase 1 — Upon development of the Crest View School site, facilities at Lake View School should be improved to accommodate the youth soccer and youth softball activities previously accommodated at Crest View. This will require the relocation of two softball backstops and the installation of one soccer field at Lake View. Phase 2 - Upon development of the Rancho View School site, the Lake View School site facilities should be reconfigured to accommodate two skinned infield baseball diamonds (for the OV Little League). The softball and soccer field at Lake View School will then need to be relocated to the Park View School/Murdy Park site. ATTACHMENT NO. 7 -?. AUGUST 11, 1998 PLANNING COMMISSION STAFF - -REPORT AVAILABLE FOR REVIEW AT CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 3"D FLOOR, CITY HALL, 2000 MAIN STREET `+E•�' -�: �t g"�i-; `- �'-a � ` .'ems x.� �. # �,�, �+��'F -p 'E `H> 4a .`+�a"� �„h "r ,.aSV ,,t -_� •- a �. ,� �✓ ��' °� �s k'rh. x s r� �` x� .•#w €Y'�`a. t"cs-*- �� tea'( � tFa Ya '�} S' ,�, .�'. SEPTEMBER 9, 1998 PLANNING COMMISSION STAFF REPORT - - -- AVAILABLE FOR REVIEW AT CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 3RD FLOOR, CITY HALL, 2000 MAIN STREET S ems- .4�.�...= 'x�r .^�,�.a.t...-c�.A,s+.�s"x, �.',�.'`:# m,%. r- -E•a^ x_�.< a,,; .: "�,�. .r OCTOBER 13, 1998 PLANNING COMMISSION STUDY SESSION STAFF REPORT AVAILABLE FOR REVIEW AT CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 3RD FLOOR, CITY HALL, 2000 MAIN STREET s = -: i i OCTOBER 27, 1998 PLANNING COMMISSION STAFF REPORT AVAILABLE FOR REVIEW AT CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 3"" FLOOR, CITY HALL, 2000 MAIN STREET i r i kLM'�3 _yx �; 'x 2" xi"''� �- s •, ,i ,�.. 'x S DECEMBER 14, 1998 CITY COUNCIL REQUEST - FOR ACTION AVAILABLE FOR REVIEW AT CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 3P-D FLOOR, CITY HALL, 2000 MAIN STREET 1 ON -A�ilT x - �.- )J SHE 'HMJ -,I Tr RY a�n laaC o3 (Q 6033675.34 to 46.21 0 to x x x---------x---.. x x x x X X x x x x x x X X x x co ro ___ EXISTING PAINTED—MtDrAR-- PROPOSEO ._l � BERMED AND LANDSCAPED.SCREENING �. SSw1{L7Z5' .r�. ri1RN_PIIASE _ _--- M ��`•� (�- 13.3 t 1 -"j - • -q - x tii"x '.ar`'° .a::;• •:� w ,, f ( ). �' L"r f'r h y -FTI 1911,01: 1 4 (typ) 0 1 •� �. ,,�' 1 N_ i o •- , — SCItEENWAI L .-__�Y_-_...-..�".� y I eJ Uo'—— h `---- „Ar'i ADE i 7 "`' r=.J 11' HICH ORNAMENTAL" SCREf_NWALL z 1 PENCE W/ S14ADECLOTH 90.0' 1 52.67'="26 j36.00' 'GARDEN CENTER I I I of^,. 64.00' l � 1 50,00, 151.60 20' X 40' PALLET TRASH (ram) 0 ( 1 STORAGE COMPACTOR N ' 1 PAD CO4�1 /L5.0' / / / /c/ I I a 1 OUTDOOR SALES.AREA MAW, — �J Huntington Beach Proposed Wal-Mart n n+ I luntin-ton Beach,Califomia all !Xl.. .. -�• - rl .i d..:. hmlevurdl Elena' not representative o1 final Jesigrl - • . t--A00 D�Tf}/G i}ND �ENyA�ta'E7NE' C_GI7/G/tom GY17LbOR-FAc�iDES� .. ����H T�m� ADD�LS,��Y ,50i¢EEN-SEtel/IGE— �vmpa, elmxf. pooRS s��crvoiyRY tl5E5 p�/ ,,Q P�FS --- ' --zw6 CLi9�".Bd/If2a S/D/�/G gswD ws-114 UT -'r 1 'Wi raihert.h ewie Elevation(nor representative afjinal design)' O � .-... t�S7+967N'AaMnWn�s'+alartLs. �r � F .. _ _ T� ..��• l'l t .t t .( ;l: •i �t¢i.— - _ _L11�1 t_ i ��� •� s a�` .. A me �. fm•f .iTvTl�iyy)EtW 9 _ - S+ ocatlSw +�i7•.f @h it+4 r. e. n .eti 1 TYFi° �.•�!y_Y,mr.x•,a• p .sl wf tt+.-su' .:.'.na, sstxsri i . t.' :'+:•fsiat s .J!F. Rear Elevation(not representative or anal design) - -- - 7-1- - - - - - - Y - - -- --� • -- Aff ^ Side E:evar'on(net represem_t:ve a;jam!des:a: 7M98 JZ m z 0 �,. �• r' .,� ��' � � �a � � �- r _: �- �. �:= � �� _� �: �� •r - .��� .v--: ---- ::1C::����'•GP::�i�� 1.`.�3''�l:i.V::.�S.�yplfHMr:�'�.•'dt\`�;_.;�.-..�irw...-.. _��a%i.[vcri �LT'��. IIII'�ill - T ac�r --,►r • — c IN 331 N cill!1111 IP l jr 111i •, -, `:3'2,77777i t, 1 L f fill L �.4�.>>'"��10•-<i v � v�;,r-.r-.- •��•"<�"�,`Y�ti,_`l"4`�`�"�?��.�:�:J.+:O?�:4�����:-�Q�w�?��>>:avt:w�:���?�:��?�:�?�.�V�:.\ i1 X I i ! I I - t ! i -- Ic 7C 7'A c � I , ge- i -------- ----------------- ------------ - cL_ - b li - ----------- I RECEIVED FROM -_---_-----------AND-MADE A-PAfIT©F THE-R O T HE --- ------- '-"---' ---_--- -" "-- COUNCIL MEETING OF 1 OFFICE OF THE CITY CLERK_ 1 --- ------- CONN1E-BROC8WAY,CITY CLERK Jen-- - - I - --------------------- A-J TL�'�^_A�Q�'�t_i t'�4rr•�T S 4.1�Ad..l^ 'P n WC A- V--n bu l.A."'M 'Q A�c.I��¢.Dy►J 1�� �•T '�1�E Si�.►.ad.1..�Z�a fix.�T Etc -� -P P,OSr-�T OV.� TA lx��T 4er;jju� e VVrAu- -T �• RECEIVED FROM AND MADE A PART OF THE RECORD IN'TF�E Brij COUNCIL MEETING'OF T- OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLERK zeeD RECEIVED FROM kAA)NsN ony to Huntington Beach City Council AND MADE A PART OF THE REC T COUNCIL MEETING OF ��D�- April 5, 1999 OFFICE OF THE CITY CLERK Agenda Item D-3 CONNIE BROCKWAY,CITY CLERK g Proposed Wal-Mart Project Good evening. My name.is Lillian Kawasaki. I am a concerned resident and member of the Save The Open-space and Parks (S.T.O.P.) Alliance, which has joined with the City of Fountain Valley in appealing the proposed Wal-Mart/Crest View School site development. I request that both my oral and written comments be entered into the public record. It is clear that Huntington Beach has not followed the proper procedures and appropriate environmental review, in violation of the California Environmental Quality (CEQA). On December 14, 1998, the Huntington Beach City Council failed to adopt specific mitigations and a mitigation monitoring program at the time it certified the EIR and approved the General Plan amendment and zone change. The City's own Notice of Determination (NOD) filed with the County Clerk states that mitigation measures were not adopted. Furthermore, approving a mitigation monitoring program tonight, four months after the fact, clearly shows that proper CEQA procedures were not followed. This, then, invalidates the subsequent action that the Huntington Beach Planning Commission took on January 26, 1999 when it approved the Conditional Use Permit and variance for the specific Wal-Mart development. The Planning Commission failed to properly and independently consider the EIR and did not adopt mitigations and a mitigation monitoring program. A new NOD, as required, was not filed for this separate action. In addition to procedural violations, the EIR is inadequate and seriously flawed. The deficiencies in evaluating project-specific and cumulative environmental impacts are well-documented, by the City of Fountain Valley and many other 1 experts. The project, approved by the Planning Commission, was substantially changed from that presented in the EIR. And yet, no additional evaluations and public review were undertaken. CEQA also requires that the lead agency identify all feasible mitigations to offset potentially significant project-specific and cumulative impacts. Huntington Beach has failed to do so. For example, the EIR lists 20 related projects and includes only 12 of 20 projects in the cumulative traffic analysis. Bolsa Chica, Holly Sea Cliff development, Central Park Master Plan and nine (9) others were not included in the cumulative traffic evaluation. A piece meal approach to minimize impacts and avoid mitigations is not acceptable. It is unclear who will pay, and when, for the specific improvements to Lake View School to offset the loss of recreation and open space at the Crest View School site. Is Wal-Mart required to pay for these improvements? Mitigations must be legally binding and enforceable. Because the Council adopted overriding considerations for this project which will permanently destroy the environment and quality of life, you must require that the mitigations and conditions of approval are guaranteed now and in the future. This includes the 10% limit on non-taxable items and ancillary uses, and the limits on hours of operation and delivery. In conclusion, Huntington Beach must correct the deficiencies in the EIR and guarantee that mitigations and conditions will remain in place. It would be prudent for you to direct staff to meet with all the parties to try and settle the lawsuit now. This would minimize the time, cost and liabilities to the City by conducting additional environmental impact analyses, identifying all feasible mitigation measures and circulating the document for public review and comment. Without these actions, you violate the law and the public trust granted to you as an elected official. 2 TESTIMONY TO HUNTINGTON BEACH CITY COUNCIL RECEIVED FROM Cell�- April 5, 1999 AND MADE A PART OF THE RECORD AT THE COUNCIL MEETING OF Agenda Item D-3 Y; '/5-9 9 OFFICE OF THE CITY CLERK ziADE A PART OF THE RECORD AT THE CONNIE BROCKWAY,CITY CLERK Proposed Wal-Mart Project MEETING OF OFFICE OF THE CITY CLERK Ci-.)N IE BROCKWAY,CITY CLERK Good evening. My name is Craig Carter. I am a concerned resident, business owner and member of the Save The Open-space and Parks (S.T.O.P.) Alliance. I am strongly opposed to the Crest-view Wal-Mart project and I support all the issues raised by the City of Fountain Valley in their testimony. In addition, I strongly recommend and support the following revisions and clarifications to the Conditions of Approval: (copies have been circulated) 1. Since the environmental damages caused by this project are permanent and were allowed based on a financial justification: You must require the 10% non-taxable goods display limit to be auaranteed for a minimum of 10 years (with no possibility of appeal or revision): (ref. Condition 7e.) 2. The full Planning Commission (not the Planning Director) must approve any noise studies done for any future request by Applicant to change the operating ours or hours of delivery. (ref. Conditions 7a, 7b.; Monitoring Pgm. #N-1) 3. No permits for any activity, including demolition permits, will be issued by HB until the necessary studies and plans are approved including, but is not limited to, noise studies, asbestos survey, and SCAQMD permits. (ref. Monitoring Pgm. #N-2) 4. Progress reports on all Mitigation Measures and Conditions of Approval for this project should be made available to the public on a bi-weekly or monthly basis. I Ji CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Mayor and City Council FROM: Ray Silver, City Administrator VIA: Robert F. Beardsley, Director of Public Works SUBJECT: Truck Traffic—Wal*Mart Project Public Hearing RECEIVED FROM P AND MADE A PART OF THE RECORD T u COUNCIL MEETING OF__ - -tP1 DATE: April 5, 1999 City Council Agenda Item#D-3 CgNN OFFICE OF THE YI CITY CLERK LATE COMMUNICATION The following condition is recommended by staff, in response to the concerns raised regarding the right turning movements of semi-tractor trailer trucks: "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 semi-tractor trailer trucks leaving the property shall not turn right onto Talbert Avenue."�,1 c9,,�A Wr;�.�kPX This language, along with the redesign of the parking lot traffic circulation plan, shall provide adequate remediation to best assure that the semi-tractor trailer trucks shall turn from the parking lot, left onto Talbert Avenue and right onto Beach Boulevard. RFB:lb Documentl PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) I am a Citizen of the United States and a '�' Non-Public 1..... s Item 1> NOTICE OF - For Informa�taonal resident of the County aforesaid' l am PUBLIC HEARING Purposes Only: ra ligation- 0 BEFORE THE CITY Monitoring Pro ram for {�.C.OUNCIL OF THE EiR No. 97-1 continued over the age of eighteen years and not a CITY OF from 3l15/99 City Co-'uncil i meeting)will be presented HUN;T;tNGTON BEACH for approvai. party to or interested in the below '_NOTICE Is HEREBY Location: 18052 Lisa ane GLEN that on Monday, (closed Crest View SchooU entitled matter. I am a principal clerk of Ap`ri15,1999,at7:00PMIn south of Talbert AvenuYe,, the HUNTINGTON BEACH INDEPENDENT a the city council approximate)y 30o feet Chambers, 2000 Main east of Beach Boulevard) � Street, Huntington Beach, project Planner: Jane newspaper of general circulation printed the city cou al will hold a Madera g i p ubllc hearing on the"fol•' NOTICE IS HEREBY Powingg item: GIVEN that the above item and published in the City of Huntington A`PPE+AL OF PLANNING' is covered byEnvironmem Beach, County of Orange, State of connMlssloN's CONDI• tallmpactReportN0.97.1. TLONAL APPROVAL*OF, ON FILE: A copy of the CONDITIONAL USE PER-, proposed request{s on file California, and .that. attached Notice is a MITN0.97-70.N.ARIANCE in the Planning f)epart- NO. 98-18/TENTATIVE ment, 2000 Ma1n Street, true and-- complete. copy -as--was- printed PA�RC-EIL MAYP NO. Huntingtp Beach,Callfor- 97-161/DESIGN REVIEW nia 92648, for inspection and published in the Huntington Beach I BOARD NO. 97-8; by thepublic.Acopyofthe M�TIGA„TI,ON MONTOR= staff report well be available ING PROGRAM FOR Ell to interested pparties at City and Fountain Valley issues of said NO. 97-1 (CONTINUED Hall or the Wlaln City LI- I i FROM MARCH 15, 1999 brary (7111 Talbert newspaper to to wit the issue(s) of: CITY COUr,NCIL ME_E+f- nue)afterAppril1,,1999. ING) (`C,RES`T VIEW qLL INTEFlESTED PER- S�CHOOL/WAL MART): SONS are invited to attend AppllcanVAppellant No. 1: said hearing and express Amel Retail Group, Mr. opinions or submit Gyeg McClelland or Mr. Bence for or against the ap Tom Love Appe1{ant No.2: P. ation as outlined above. City of Fountain Valley Re P you challenge the City quest: CUP:To permit the Council's action in court, March 25 , 1999 development of an ap you may be limited to rats proximate 130,342 square• Ing only those issues you toot Wal-Mart retail store 0r someone else raised at with an approximate 8,158 the publtc hearing de- square foot garden center.' scribed In this notice,or in The request also includes written correspondence I declare under penalty of perjury, that three (3) retail/restaurant: delivered to the City at,or r , pads along Tia`Ibert Avenue' prtor to,the public hearing. the foregoing is true and correct. rang;;g in size from 3,500. qua there are any fuitUlu spuar',e fe-et to 5,SU0 stions please call the o Planning. Department at square feet. Demolition f �-„--- th`e closed Crest View 536-5271 and refer to the S`cho01 will occur as a re- above items.' Direct you suit of this project.VAR:To written communications t0 Executed on March 2599 9 permit a drvi a aisle open- the Ciry CI'erk. 7 7 Gonnte Brockway,, ing alo,�g the minimum 100 Glty Clerk,Clty of at Costa Mesa, California. foot.long main driveway gton Beach entrance Into the site from Huntln Talbert Avenue. The main 2000 Maln Steet,2no drivrWew�ay entrance design Floor,Huntington standards do not penult Beachalifornla 92648 openings along the entire (� )536-5227 �.-- Published Huntington Length of t•he main � r.rti ent'rance,. TPM: To Beach-Fountain Valley In- subdividethe subject 1A.8y dependent March 25,1999 • acre site into four (4) 034-722 parcels. - Signature . PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a --" NOTICEk,OFIn:formatiAo„na ;iPUBLIC' HEARING Purposes OnI.- itigat1— resident Of the County aforesaid; I am ;BEFORE THE CITY Monitor. ,Pro ram toi over the age of eighteen years and not a COUNCIL OF�THE -ir No: 97 1 (q�ontinue t � '•CITY�OF"��• ��` from 3l15l99 Ctt Council, party t0 Of interested in the below HUNTINGTON BEACH 1r"eeting)will be presenied_I NOTICE.,.IS HEREBY for approval. entitled matter. I am a principal Clerk Of GIVEN-that on Monda *Location 18052 Lisa Lane Y (closed Crest View SchooV Apnl 5*1999,at 7f00'PM m south of T.albeR�Avenue-� the ,C i t,y C o um,I .approximately 300 feet. the HUNTINGTON BEACH INDEPENDENT, a Chambers ,2000 .Mamma east of Beach Boulevard) Street Huntington.Beach protect Planner -Jane.l newspaper of general circulation, printed the"CityCounalwil1hoold�a Madera b public heanng on th�fol. .NOTICE IS HEREBY, and published in the City of Huntington Iowmgitemr GIVENrthataherabove_'item:. APP ALOF PLANNiNG� +is+coveredttiy Enwronmen Beach Countyof Orange, State of COMMISSIONS CONDI` ta'IlmpactRepoRNo 971- r r TIONAL APP�ROVALOF �� g ON FILE:-,?-pop the: CONDITIONAL USE.PER proposed'�equesYis_�on,;,file California, and that attached Notice is a ,MIT NO 97=70lVARIANCE '-.In. the Pianrnnq Depart=. true and complete copy as was printed No 981.8/TENTATIVE' ment; 200o-Main-,-tireet'. P A R C E L:i M A P tNiO I OHuntington:Beach Calrfor; ?97s161/DESIGN.vREVIEW nia 92648, for inspection and published in the Huntington Beach BOAR -SAWD1 97si8r- 'by theputilic Acopy`oftthe. MITIGATION MONITOR; -staff report-Wl be available= and Fountain Valley issues of said INGNQ. PROGRAM FORyEIR;i_tomterestedpaRiesalSCity NOS 97 1 -(CONTINUED Hall or the am City,Li newspaper to wit the issue(s) of: F.,ROM MARC~H�15 1999 ! brary (7111 Talbert' Ave"; GITY',COUNCILMEET nue)after Qpnl 1�1999 -1NG) ((CR:ESTeVIEW ALL INTERESTED PER- SCHOQ,, L�MART) SONS arenwted to attend FApplipnVApp aid hearing andexpress': dmel Retail,GroupMr opinions„`or submit�evi` C.Gieg McGlellandor',:Mr dance for or agalnst_the ap Tom Love Appellant NoY2 Iication as outhnediabove 1 City of FountamiValley Re If--you challenge themeCrtyu March 2 5 1999 quest GUP'To per 11_'a Councils action u%.court r ddevelopment of; an ap- .you maybe`limited-to„rays j proximate 130 342 square ing'only_those issues you foot Wal MaR retaih store :or someone else raised at with an approxima te:8 1{58. .the public, hearing de- square foot:garden center scribed in this notice;orin_. The request pIso;mcludes written-correspondence.. declare, under penalty of perjury, that three (3) retail/restaurant ' deliJeredtothe.City.at, pads along.Talbert Avenue" prior to,-the-public hearing. the foregoing is true and correct. ranging insiiefrom`3500 lf-there.are any further: square, feet` to 5 5'- j questions please call the square.feet. Deolition' of Planning- Department. at m the closed..Crest Views 536 5271 and refer to the•• Schoolrwill'�occursa' a e" �adbve {terns Direct you;; r written cominurncahons to Executed on March 25 gg 9 suItofthistiroject�vAR Tos the City Clerk r _w , permit aidiive aisle open :at Costa Mesa, California, aootaloon�gthman�ddveway Connie Br;c_ ft g g City Clerk City of entrance into the site-from Huntington Beach Talbert Avenue,TThe:main 1 <2000 Main Street 2nd Floor;-Huntin on driveway-entrance design 1 a; standaids do not permit:I.:.Beach,;Galiforni 92648 openings along the.:entire (714)536-5227_ length of. the'.main Published nM Hungton - entrance. TPM: To ,Beach-Fountain Valley�ln subdiwdeithe subject 13 89 dependent March-25;'1.999.- acre sites„into four,'(4) - 034 722 _parcels: Signature �kJv FAX FROM:. CONNIE BROCKWAY, CITY CLERK J J CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P 0 Box 1901200.0 Main Street * Huntington Beach, CA 92648 HUNTtNGTON BEACH ( (714) 536-5227 714) 374 1557 FAX Fax #: zl(o boy Date: 2 Ig `7 Number of Pages (including cover page): By: l5eputy City Clerk To: � ' INTERNET ADDRESS: http://www.ci.huntington-beach.ca.us OR —http://www.hbsurfcity.com/clerk Phone: HB INFOLINE: 714 374-4800 *** Remarks: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ 11 Please comment ❑ 11 Per your request as 9 k a� 97Forms/fax j NOTICE OF PUBLIC HEARING dAtL BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 5, 1999, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: O APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 97-70NARIANCE NO. 98-18/TENTATIVE PARCEL MAP NO. 97-161/DESIGN REVIEW BOARD NO. 97-8; MITIGATION MONITORING PROGRAM FOR EIR NO. 97-1 (CONTINUED FROM MARCH 15, 1999 CITY COUNCIL MEETING) (CREST VIEW SCHOOL/WAL MART): Applicant/Appellant No. 1: Arnel Retail Group, Mr. Greg McClelland or Mr. Tom Love Appellant No. 2: City of Fountain Valley Request: CUP: To permit the development of an approximate 130,342 square foot Wal-Mart retail store with an approximate 8,158 square foot garden center. The request also includes three (3)retail/restaurant pads along Talbert Avenue ranging in size from 3,500 square feet to 5,500 square feet. Demolition of the closed Crest View School will occur as a result of this project. VAR: To permit a drive aisle opening along the minimum 100 foot long main driveway entrance into the site from Talbert Avenue. The main driveway entrance design standards do not permit openings along the entire length of the main entrance. TPM: To subdivide the subject 13.89 acre site into four (4)parcels. Non-Public Hearing Item—For Informational Purposes Only: Mitigation Monitoring Program for EIR No. 97-1 (continued from 3/15/99 City Council meeting) will be presented for approval. Location: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue, approximately 300 feet east of Beach Boulevard) Project Planner: Jane Madera NOTICE IS HEREBY GIVEN that the above item is covered by Environmental Impact Report No. 97-1. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after April 1, 1999. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legal s:council:99000405) i TRANSMISSION VERIFICATION REPORT TIME 03/19/1999 12:56 DATE DIME 03/19 12: 55 FAX NO./NAME 919496465008 DURATION 00:00:45 PAGE(S) 02 RESULT OK MODE STANDARD ECM - - CITY COUNCILIREDEVELOPNtENT AGENCY PU IC HEARING R�QTWO. 1'iev�l. b lawnxvia� �.rnrx.vr�si� ��ua PIP►�v�u SUBJECT: vW W :a�8-1 Pu►� . gz-lion/ap�v,l�o. a7-8; w�rf,�a t rn,% r►1� -- 1n�= Y VU . 7-i DEPARTMENT: QLh,"AvtA MEETING DATE: A • 5 •R9 CONTACT: - _"S(11Vt� N�� PHONE: Sal(o N/A YES IVO Is'the;notice attached? . ( ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date, day and time of the public hearing correct? If an appeal, is the appellant's name included in the notice? IfCoastat Development Permit, does the notice include appeal language? ( ) ( ) Is there an Emzronmental Status to be approved by Council? Is,a ma 'attached for publication? ( ) ( ) Is a largerad required? Size ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? row P l2 V0 �l. �� �i � °�Vlti- . a Iq .0)13 Lai Pta% °1 ( ) � (. ) Are the applicant's name and address part of the mailing labels? .3 . q, .Are-the:appecant's name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission-part of the mailing labels? 1 ( ) (.' ) If Coastal Development Permit,are the resident labels attached? Isahe'Report 33433 attached? (Economic Development Dept. items only) Please.complete the following: 1. Minimum days from publication to hearing date. I'D 2. Number`of,ti nes-to be',published 3. Number of days between publications_ 21 ! NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE C/C - � 9 1 CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 5, 1999, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: O APPEAL OF PLANNING COMMISSION'S CONDITIONAL- APPROVAL OF CONDITIONAL USE PERMIT NO. 97-70NARIANCE NO. 98-18/TENTATIVE PARCEL MAP NO. 97-161/DESIGN REVIEW BOARD NO. 97-8; MITIGATION MONITORING PROGRAM FOR EIR NO. 97-1 (CONTINUED FROM MARCH 15, 1999 CITY COUNCIL MEETING) (CREST VIEW SCHOOL/WAL MART) Applicant/Appellant No. 1: Arnel Retail Group, Mr. Greg McClelland or Mr. Tom Love Appellant No. 2: City of Fountain Valley Request: CUP: To permit the development of an approximate 130,342 square foot Wal-Mart retail store with an approximate 8,158 square foot garden center. The request also includes three (3) retail/restaurant pads along Talbert Avenue ranging in size from 3,500 square feet to 5,500 square feet. Demolition of the closed Crest View School will occur as a result of this project. VAR: To permit a drive aisle opening along the minimum 100 foot long main driveway entrance into the site from Talbert Avenue. The main driveway entrance design standards do not permit openings along the entire length of the main entrance. TPM: To subdivide the subject 13.89 acre site into four (4)parcels. Non-Public Hearing Item—For Informational Purposes Only: Mitigation Monitoring Program for EIR No. 97-1 (continued from 3/15/99 City Council meeting) will be presented for approval. Location: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue, approximately 300 feet east of Beach Boulevard) Project Planner: Jane Madera NOTICE IS HEREBY GIVEN that the above item is covered by Environmental Impact Report No. 97-1. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after April 1, 1999. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:Iegals:cound1:99000405) TRANSMISSION VERIFICATION REPORT TIME 03/19/1999 12:56 DATE,TIME 03/19 12:55 FAX NO./NAME 919496465008 DURATION 00:00:45 PAGE(S) 02 RESULT OK MODE STANDARD ECM FAX FROM: CONNIE BROCKWAY, CITY CLERK .l CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH �-- P O Box 19012000 Main Street Huntington Beach, CA 92648 HUNTINGTON BEACH (714) 536-5227 (714) 374 1557 FAX Fax #: (p41(o 5DC7 Date: 1477 Number of Pages (including cover page): By:. e ut City Clerk To: INTERNET ADDRESS: http://www.ci.huntington-beach.ca.us OR http://www.hbsurfcity.com/clerk Phone: HB INFOLINE: 714 374-4800 **` Remarks: ❑ Urgent ❑ For our review ❑ 11 Re I ASAP ❑ Please comment ❑ Per our re uest a.� 97Forms/fax i '0,. •ever ru MEETING DATE: April 5, 1999 DEPARTMENT SUBJECT: REQUESTING: Planning Appeal of Planning Commission Conditional Approval CUP 97-70,Variance 98-18,TPM 97-161,DRB,97-8,Mitigation monitoring-Walmart TODAY'S DATE March 1891999 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray SHier 3/18/99 4:27 PM NOTICE OF APPEAL TO PLANNING COMMISSION ACTION OF January 26, 1999 Date of Planning Commission Action TO: Planning Dept (2 copies) DATE: February 5, 1999 City Attorney- (1 copy) FILED BY / City of Fountain Valley on Behalf of Residents REGARDING: Appeal to the H. B. Planning Commission Approval on Wal-Mart Project CUP 97-70 - Var. 98-18 Tract 97-161 Tentative Date for Public Hearing: To be scheduled Copy of Appeal Letter attached. LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk x5227 "v CASH RECEIPT CITY OF buNT1NVON beACh 2000 MAIN STREET � HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH - _ DATE ISSUING DEPT. i�� C/Pr' DEPT TELE.# RECEIVED FROM i '�{ /-� / �C.i /; l r s F l ADDRESS 1 --&fc' c- FOR nt 71)Gt," r T nl �- r �T• yrf-7 AMOUNT RECEIVED: CASH CHECK CREDIT CARD/ PREPARED BY -7,`� t t-t.. ✓�I 1 /�`'✓.• RECEIVED BYr `.EXPENSE FINANCE APPROVAL INITIAL I v TOTAL$ Iy"70 C i P, yam} '1tiY ':b�4^ ..ti 7»t%7Stti. :1 S• �J 1 V 1 914335 ISSUING DEPARTMENT TRANSMISSION VERIFICATION REPORT TIME 02/05/1999 14:31 DATE DIME 02/05 14:29 FAX ND./NAME 98419730 DURATION 00:02:11 PAGE(S) 05 RESULT OK MODE STANDARD ECM NOTICE OF APPEAL TO PLANNING COMMISSION ACTION y OF 1 C January 26, 1999 Date of Planning Commission Action TO: Planning Dept (2 copies) DATE: February 4, 1999 City Attorney (1 copy) FILED BY Thomas Love, Arnel Retail Group 949 South Coast Drive, Ste. 600 Costa Mesa CA 92626 REGARDING: Conditional Use Permit No. 97-70 Crestview School/Wal—Mart Tentative Date for Public Hearing: To be scheduled Copy of Appeal Letter attached. LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk x5227 CASH RECEIPT CITY OF hUNTINquON beACh 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH DATE ISSUING DEPT. DEPT.TELE.# RECEIVED FROM ADDRESS �C��- �.-.-. i A % FOR AMOUNT RECEIVED CASH CHECK = O CARDIT eye-'�P I f. PREPARED BY RECEIVED BY Rrvr:mi IF: _TR._ FUND ACCOUNT I :DEPT,-- DIV. AMOUNT, . / 7 '4/yq'C :EXPENSE - FINANCE APPROVAL INITIAL I 914334 ISSUING DEPARTMENT i I City Clerk CITY OF HUNTINGTON BEACH Box 190 2000 Main Street 949 South Coast Drive Suite 600 Huntington Beach, CA 92648 Costa Mesa,California 92626 I CITY COUNCIL MEETING April 5, 1999 APPEAL OF CREST VIEW / WAL-MART MEETING OUTLINE A. STAFF REPORT PRESENTATION 1. Appeals of Development Project Two appeals (by Arnel Retail Group and City of Fountain Valley) of Planning Commission's conditional approval of Conditional Use Permit No. 97-70/Variance No. 98-18 /Tentative Parcel Map No. 97-161 /Design Review Board No. 97-8—Development of an approximate 130,342 sq. ft. Wal-Mart retail store with an approximate 8,158 sq. ft. garden center. The request also includes three retail/restaurant pads along Talbert Avenue. 2. Mitigation Monitoring Program Mitigation Monitoring Program for EIR No. 97-1 B. COUNCIL QUESTIONS TO STAFF C. OPEN PUBLIC HEARING 1. Applicant's/Appellant#1 Presentation 2. Appellant#2 Presentation 3. Public Comments 4. Appellant's Responses F. CLOSE PUBLIC HEARING G. COUNCIL DISCUSSION. REVIEW H. COUNCIL ACTION _ 1. Appeals of Development Project a) Take straw votes on issues matrix (Attachment No. 4—Page D-3.55) b) Uphold Planning Commission's approval and deny appeals of Conditional Use Permit No. 97- 70/Variance No. 98-18 /Tentative Parcel Map No. 97-161 /Design Review Board No. 97-8 with findings, mitigation measures, and modified conditions of approval 2. Mitigation Monitoring Program Approve Mitigation Monitoring Program for Environmental Impact Report No. 97-1 (KL9876c) ' i �,�re u��c,q 710 4 PROJECT APPEAL Crest View School/Wal-Mart April 5, 1999 ■ Appeal of Planning Commission's Approval of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative Parcel Map No. 97-161, Design Review Board No. 97-8 ■ Mitigation Monitoring Program for Certified EIR No. 97-1 (adopted 12/14/98) , Planning Commission Action on 1/26/99 ■ Approved development of: ♦130,342 sq. ft. Wal-Mart ♦8,183 sq. ft. garden center ♦3 ancillary retail/restaurant pads - .3,500 - 5,500 sq. ft. each .■ Planning Commission action included conditions of approval requiring modification to ensure compatibility w/surrounding residential z ` /-�rl� •r1 � � 3 L✓ TG7 � 1st. Appeal of Planning Commission's Approval (See Matrix-- PG. D-3.55) ■ Arnel Retail Group appealed the following conditions: *Enclose all loading docks, relocate at-grade dock to enclosure Non Son. c ¢E y" ".9 2 14' 4 NN z° .. q �1 fy W. 5W � r 1 a n z MAP R! ' MY ItIN y kx y � . a a E Og Wp ......... E - 4 L .m z 1st. Appeal of Planning Commission's Approval (con't.) *Construct perimeter wall of high quality materials ]0 5 t E-own. ' '3ate # yr a 'sM1 �rpayfi s:.�,{ + Rd AM s eb�q� � �- rr,6frF ,.� :� A .. .. t �: i �' Px� v, "�? �.; �r ?iAW s,". it I VIC , 1st. Appeal of Planning Commission's Approval (con't.) *Complete a traffic progression signal analysis *Construct landscape median within Talbert ♦Install double pane windows in eight (8) homes facing Talbert *Conduct all deliveries through enclosed dock 13 _ max.: 7Ye GO 1 3 gm 7 u #" � z K77 y 4 ar e 5NxINN `ter 8 1st. Appeal of Planning Commission's Approval (con't.) *Limit deliveries to 7:00 AM - 10:00 PM unless noise study proves compliance *Limit store/customer hours 7:00 AM - 10:00 PM *Delete permanent outdoor display; apply for outdoor sales per ZSO 17 F_ ; i Sy daaY_S w {3 Ty • i � .e --`•. <3r-r - ,, wee _<-- *.., 9 6 r a - s s 41 1st. Appeal of Planning Commission's Approval (con't.) *Limit ancillary tenants to a maximum 10% of gross floor area (optometrist, McDonald's, etc.) *Limit display of non-taxable sales items to a maximum 10% of net retail floor area *New CUP required for re-use of site or future demising walls 20 10 1st. Appeal of Planning Commission's Approval (con't.) *Pedestrian study after six months and sidewalk improvements along Talbert if nexus exists *Mitigation Measure R-1 which requires construction of access ramp to Lambert Park (not appealable) 21 Staff's Response ■ All conditions imposed by Planning Commission result in more compatible project for neighborhood ■ Recommend approval of Planning Commission's conditions of approval 22 11 2nd Appeal of Planning Commission's Approval ■ City of Fountain Valley Appealed the following: ♦Truck traffic traveling east on Talbert ♦Mitigation Monitoring Program not adopted by City ♦EIR No. 97-1 was deficient 23 Staff Response ■ In cooperation with Fountain Valley, amended on-site circulation for truck access to signal ■ Main signal modified to accommodate left turns by semi-trucks ■ Applicant's revised site plan allows trucks to utilize main entrance signal for left turns (travel west on Talbert) ■ Mitigation Monitoring Program presented for approval 24 12 Mitigation Monitoring Program ■ Continued from 3/15/99 City Council meeting ■ Required by CEQA (EIR No. 97-1) ■ Identifies all mitigation measures ■ Identifies timelines for completion, responsible party, and party responsible for ensuring compliance 25 Recommended Actions ■ Uphold the Planning Commission's approval and deny both appeals with modified conditions of approval as outlined in Attachment No. 1 - Legislative Draft ■ Approve Mitigation Monitoring Program for EIR No. 97-1 26 13 Recommendation ■ Recommend approval of project as approved by Planning Commission: *Consistent with zoning *Reciprocal parking/access *Truck circulation limited to Talbert *Maximum 8 foot wall necessary *Substantial landscape buffer 27 Recommendation (con"t.) *Quality architectural design *Public Art *Permanent outdoor display eliminated *Ancillary pads integrated *Double pane windows required *All deliveries through enclosed docks *Store hours limited 28 14 Recommendation (con't.) ♦Site devoted to retail sales tax generating uses ♦Majority of environmental impacts are mitigated ♦Statement of Overriding Considerations 29 End of Presentation 30 15 4- CITY OF HUNTINGTON BEACH Inter Office Communication Planning Department z c TO: Honorable Mayor and City Council FROM: Howard Zelefsky, Planning Director VIA: Ray Silver, City Administrator > DATE: April 2, 1999 ,1 o SUBJECT: CREST VIEW SCHOOL -NON-APPEALABLE ITEMS �' D This memo is to inform the City Council that Amel Retail Group has appealed two issues that are mitigation measures of Environmental Impact Report No. 97-1, certified by the City Council on December 14, 1998. Since the two items are mitigation measures of a certified environmental impact report they may not be appealed for Council action. The two mitigation measures are as follows: Mitigation Measures: 1. Prior to the issuance of building permits: R-1 Construction of access to Lambert Park from Newland Street shall be required. A switchback ramp is anticipated to be required and shall be provided pursuant to the requirements of the Americans with Disabilities Act. R-2 A Phase I archaeological study, including a literature search,records search, field visit, and report outlining constraints or lack of constraints, shall be completed prior to construction of the access improvements. In the event that constraints are identified, an archaeological monitor shall 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. 2. Store deliveries shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. The first item, access to Lambert Park, is required to mitigate the loss of passive recreational open space for the surrounding residential community. Mitigation for the loss of recreational space is mandated by the California Environmental Quality Act and may not be amended after certification of the document unless further environmental analysis is completed. Gv /-P7 /1-1 Lt v?/C 1 T/,O A-� Crest View/Non-Appealable April 2, 1999 Page Two Although the April 5, 1999 Request for Council Action, discusses delivery hours as an appeal issue, staff has concluded that delivery hours may not be appealed. Currently, conditions of approval imposed by the Planning Commission restrict delivery hours to 7:00 AM to 10:00 PM unless further environmental analysis is completed. The conditions of approval regarding delivery hours are consistent with the conclusions of EIR No. 97-1 and may not be amended at this time. cc: Melanie S. Fallon,Assistant City Administrator --Connie Brockway, City Clerk Paul D'Alessandro, Deputy City Attorney Herb Fauland, Senior Planner Jane Madera, Associate Planner Greg McClelland,Arnel Retail Group . Dr. James Tarwater, Ocean View School District Greg Broughton, Planning Consultants Research (g:adminittr\0499jm2) 2 04/02/99 CITY OF HUNTINGTON BEACH Inter Office Communication • c Planning Department xT H cp--4 TO: Honorable Mayor and City Council N Z:-<c-s r*�o FROM: Howard Zelefsky, Planning Director Robert F. Beardsley, Public Works Direct ~ 6 r-) VIA: Ray Silver, City Administrator Cr n DATE: April 2, 1999 SUBJECT: CREST VIEW SCHOOL/TRAFFIC IMPACT FEES /CITY OF FOUNTAIN VALLEY The City of Fountain Valley has requested that the City of Huntington Beach contribute a portion of traffic impact fees anticipated in conjunction with development of the Crest View School site to the City of Fountain Valley. In a recent meeting, Fountain Valley stated that since a portion of the vehicular trips traveling to and from the site would pass through Fountain Valley, then a portion of the traffic impact fees collected should be paid to them. The City of Huntington Beach's Traffic Impact Fee Ordinance No. 3048 was adopted in September 1990. The ordinance requires an analysis of deficient intersections and necessary roadway improvements within our City's boundaries. A master list of required improvements was developed as the basis for collection of traffic impact fees. The ordinance requires new development projects or new uses that create a greater number of traffic trips on the surrounding roadway system to pay a one-time fee of$75.00 per new vehicle trip. All traffic impact fees are consolidated in a pool of money and are used toward citywide improvements as dictated by the roadway improvement list. Traffic impact fees may not be allocated toward any improvements not listed, including improvements or payments in neighboring cities. Similarly, the City of Fountain Valley imposes a Traffic Impact Fee of$59.00 per daily trip for projects within its jurisdiction. Huntington Beach's Traffic Impact Fees are meant to serve as a long-term method to defray a portion of the cost of maintaining the roadway system within its boundaries. It is known the vehicle trips generated within our community often result in destinations beyond our boundaries. The converse is also true. For example,there are numerous vehicle trips that begin in other cities and conclude here in a day at the beach. On the return home,the vehicle once again passes through Huntington Beach. Traffic Impact Fees collected on a project-by-project basis are used to maintain a portion of the total wear and tear on our street system. However, no attempt has ever been made to collect traffic impact fees from other jurisdictions for vehicle trips traveling within Huntington Beach. � -3 Crest View/TIF April 1, 1999 Page Two In the Crest View School site case, the traffic study conducted for Environmental Impact Report (EIR)No. 97-1 identified mitigation measures for necessary roadway improvements within both Huntington Beach and Fountain Valley. One intersection,Newland Street at Talbert Avenue, is shared between the two jurisdictions and the mitigation measure requires the developer to make the identified improvements. The other intersection, Bushard Street at Talbert Avenue, is entirely within Fountain Valley. Since Huntington Beach cannot require roadway improvements outside its boundaries,nor could it justify paying traffic impact fees within Fountain Valley's jurisdiction, the EIR's mitigation measure requires the developer to mitigate the impact by paying a fair-share contribution of the cost of improvements to the City of Fountain Valley. This improvement cost is not a part of the Traffic Impact Fee, but a separate cost borne by the developer. According to the traffic analysis,the proposed Wal-Mart project alone does not result in a negative impact to the affected intersection(Bushard at Talbert); rather, the intersection will need improvement in the Year 2020,with or without the Wal-Mart project. City staff has concluded that the fair-share payment contribution to Fountain Valley,pursuant to the EIR, is justified, based on the proposed Wal-Mart project's contribution of 5.6 %of the average daily trips through the intersection. Furthermore, it would be in violation of the Traffic Impact Fee Ordinance for the City of Huntington Beach to contribute Traffic Impact Fees to the City of Fountain Valley. cc: ► Connie Brockway, City Clerk Melanie S. Fallon, Assistant City Administrator Paul D'Alessandro, Deputy City Attorney Herb Fauland, Senior Planner Jane Madera, Associate Planner Dave Webb, Deputy City Engineer Terri Elliott, Associate Traffic Engineer (g:adminittr\0499jm 1) 2 04/02/99 4-02-1999 5:09PM FROM FOUNT. VLY CITY, HALL 714 965 4498 P. 1 i\ 1. - CITY CLERK CITY OF Ht31,,IT',I G TION BEACH,CA CITY OF FOUNTAIN V�ZF, 9 APR -2 P 4- 12 PLANNING DEPARTMENT 10200 Slater Avenue Fountain 'Walley, CA 92708 (714) 593-4425 Fax. (714) 593-4498 FAX TRANSMISSION COVER SHEET Date: April2, 1999 To: Connie Brocicwcy, City Clerk Fax: (714) 374-1557 Re Wal-Mart Appeal Letter Sender: Andy Perea, Planning Services Manager YOU SHOULD RECEIVE 2 PAGE(S), INCLUDING THIS COVER SHEET IF YOU DO.NOT.RECEIVE ALL THE PAGES, PLEASE CALL 593-4425. Dear Connie - Copies of a letter to the Mayor and City Council were delivered to your City today. An error was noted on the last paragraph of page 8. The intersection identified on the last paragraph of page 8 was Bushard and Talbert. The correct intersection should have been Brookhurst and Talbert. The attached page has the corrected intersection red-lined. Please provide a copy of the corrected page to everybody on the distribution list from the City of Huntington Beach. Thank you for your help. Call me at (714) 593-4426 if you have any questions. Andy Perea L� 4-02-1999 5: 10PM FROM FOUNT. VLY CITY. HALL 714 965 4498 P. 2 HB Wal-Mart Appeal Letter April 5, 1999 Page 8 an EIR was considered. Failure to post a new Notice of Determination extends the statute of limitations period on CEQA challenges to 180 days. The Planning Commission approval of the conditional use permit and related entitlements was a separate "project" as defined by CEQA and, therefore, a new Notice of Determination should have been filed. 6. On-Site Ponding of Flood Water- The EIR states post-development flows will be limited to pre-1986 Q10 runoff quantities and storm water will be detained in surface ponds. Under the 100-year flood condition, the surface pond may extend over approximately three acres and have an average depth of 12 inches. It is recommended to place the pond at a "remote" location of the parking lot. The EIR concludes the provision of surface ponded runoff will reduce storm water impacts to a less than significant level. In evaluating the significance of an impact,the Lead Agency must consider both the direct and indirect impacts of the project[Guidelines Sec. 15064(d)]. The EIR fails to identify the indirect impact the surface ponding will have on the supply of parking spaces. The number of parking stalls rendered unusable under the 10-, 25- and 100-year flood scenarios has not been quantified but may be substantial and exceed the 25 excess parking spaces provided on site per the EIR. The EIR does not provide a rationale for a reduced parking demand during a 10-, 25- and 100-- year flood event. It fails to evaluate the potentially significant impact of overflow parking onto nearby streets, commercial properties, the church/cemetery parking lot and residential neighborhoods. Pursuant to CEQA, this potentially significant impacts need to be addressed in the EIR and appropriate mitigation measures need to be evaluated. If found to be significant, the impact needs to be incorporated into the Findings of Fact and Overriding Considerations. 7. Traffic Impacts on Fountain Valley Intersections - A. Information in EIR is contradictory Table 14 of the EI.R identifies a significant impact on the Fountain Valley intersection of rcdttji;StlTaibert under the year 2020 without project scenario. Under the year 2020 with project scenario, the intersection improves to acceptable levels (reduction of .01% in ICU value)_ This is expected to occur although the project is anticipated to impact the intersection (see Figure 15, Project AM Peak Hour Intersection Volumes, on page 101 of the EIR). As the projected ICU improvement due to the project will result in a change from "significant impact" to "less than significant impact," the EIR needs to provide an explanation why intersection operations improve despite the additional project traffic at the intersection. Based on the information presented in the EIR, the date presented in Table 14 and Figure 15 'regarding the rt'st/Talbert intersection are contradictory and may result in the misidentification of a significant impact. o�Eo�NrgiN` CITY OF FOUNTAIN VALLEKFi LD CITY HALL 10200 SLATER AVENUE FOUNTAIN VALLtV�tktIf NIA 92708 i.i r t *' I N C Aur vycE �\�o THE OFFICE OF THE MAYOR 1A99 APR -5 A 01 R ECIE!VED AN 1 April 5, 1999 - 5 ]E C KV"� 41999 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE The Honorable Mayor Peter Green A E c E I!17 E D and Members of the City Council City of Huntington Beach APR - 51999 2000 Main Street DEPARTME—I T OF PLANNING Huntington Beach, CA 92648 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION PERTAINING TO WAL-MART Dear Mayor Green and Members of the City Council: On behalf of the residents of the City of Fountain Valley, we'd like to thank you for the opportunity to address our concerns and the detrimental impacts to our community resulting from the Planning Commission's approval of the proposed Wal-Mart project. The desire to bring a large tax generator like Wal-Mart to your community is understandable and fulfills several of the goals and objectives of your general plan. However, attaining your goals should not be accomplished to the detriment of a neighboring city. With the proximity of this development being so close to the City of Fountain Valley and the Planning Commission action mandating all truck traffic be sent through the City of Fountain Valley, and not through the City of Huntington Beach,we believe the residents of Fountain Valley are being treated unfairly. It is the philosophy of the Fountain Valley City Council that local governments should be given the autonomy to plan and zone land. use as they deem appropriate for their . community. As such, the decision of the Huntington Beach City Council to rezone the Crest View School site from Open Space, with an underlying low density residential use to general commercial, is not the basis of this appeal. Rather, this appeal has been filed because of the Planning Commission's apparent lack of concern for the environmental impacts to the City of Fountain Valley that can be directly attributed to the proposed Wal- Mart project. Specifically, this appeal has been filed as a result of the Planning Commission's approval of the following items: HB Wal-Mart Appeal Letter April 5, 1999 Page 2 • Conditional Use Permit No.97-70 for the establishment,maintenance and operation of the 134,470 sq.ft.Wal-Mart with a 9,431 sq.ft. garden center and three(3)other retail/restaurant pads ranging in size from 3,500 sq. ft. to 5,500 sq. ft.; • Variance No. 98-18 to permit a drive aisle opening along the minimum 100-ft. long main driveway; and • Tentative Parcel Map No. 97-161 to subdivide the property into four parcels. As an introduction to this appeal, the City of Fountain Valley would like to go on record to' state this appeal has not been filed in an effort to entice or bring Wal-Mart to the City of Fountain Valley. We have had no such discussions with Wal-Mart or any individual or entity representing Wal-Mart. Rather,the purpose of our appeal is to ensure the proposed Wal-Mart development does not detrimentally impact or place undue burdens upon the residents of our community. I We are sure the spirit of cooperation that has been exemplified by our two cities throughout the years will yield results that will meet the objectives of both our communities. j To this end, we would like to thank the City of Huntington Beach staff for their diligent efforts in working with staff from the City of Fountain Valley to identify our issues and define potential mitigation measures to address the concerns contained in our letter of i appeal. ` The specific grounds for our appeal are as follows: Redirection of truck traffic and other related traffic into Fountain Valley: On January 26, 1999, the Huntington Beach Planning Commission approved Conditional Use Permit No. 97-70 for the establishment and maintenance of a 134,470 sq.ft.Wal-Mart and 9,431 sq. ft. garden center and three (3) other retail/restaurant pads ranging in size from 3,500 sq. ft. to 5,500 sq.ft. Condition No. Id. reads as follows: "Revise the site plan to indicate that the truck loading and driveway design will restrict delivery vehicles to performing right turns in and out of the site onto Talbert Avenue. Ultimate design of the truck delivery relocation will be subject to approval by the City of Huntington Beach Public Works and Planning Department."The proposed Wal-Mart project is approximately 1500 ft. west of the City of Fountain Valley. This condition would in effect place all of the truck traffic burden upon residents of the City of Fountain Valley. Residents of our community would be exposed to an increase in noise, highway congestion, pollution and wear to our streets as a result of the trucks and related Wal-Mart traffic. To distribute 100% of Wal-Mart's truck traffic into the City of Fountain Valley is inappropriate and unlawful, as this impact was not included in the CEQA analysis. HB Wal-Mart Appeal Letter April 5, 1999 Page 3 The City of Fountain Valley only became aware of this condition after reading the Planning Commission's report regarding the project on the day before the Planning Commission meeting. This was not an impact disclosed in the Environmental Impact Report prepared for the project. The City of Fountain Valley expressed our concern regarding this last- minute action in writing and orally at the public hearing regarding Wal-mart. However,the Planning Commission ignored our objections. It is a cardinal rule of CEQA law that the project description must be accurate. County of Inyo v. City of Los Angeles 71 Cal.App.3d 185 (1977). If the project is not described completely, the environmental analysis will be incomplete. Laurel Heights Improvement Association v. Regents 47 Cal.App.3d 376 (1998). The project also must not shift. If the project transmutes midway through the process, it prevents the EIR from serving as a vehicle for intelligent public participation in the decision-making process. County of Inyo, supra. If a project changes to create new impacts, the lead agency must include those in the EIR. The City of Fountain Valley is requesting that the Huntington Beach City Council delete Condition No. 1 d. of CUP No. 97-70 requiring truck traffic to turn right onto Talbert Avenue and replace the condition with a requirement that delivery trucks exiting the site turn left on Talbert Avenue (west to Beach Boulevard). This condition will allow delivery trucks access to and from the site via Beach Boulevard which is a state highway and an identified Smart Street. Staff from the City of Huntington Beach has indicated the developers for Wal-Mart are in support of a design that will allow for truck traffic to turn left and have submitted revised plans accordingly. In response to our request for a condition to require trucks to exit west (left)onto Talbert, Huntington Beach staff has indicated that such a condition could not be enforced. This raises particular concern since enforcing a right-turn provision did not seem to impose any challenges. We believe proper management by Wal-Mart and signage at the delivery areas, coupled with minimal law enforcement efforts by both of our cities, will enable adherence to this condition. inadequate Traffic Mitigation Measures: The City of Fountain Valley believes the proposed project will have a significant effect on traffic volumes along the adjacent streets and throughout our city as a whole. Austin-Foust Associates, Inc. was retained by the City of Fountain Valley to provide a comprehensive review of the traffic study prepared for the proposed Wal-Mart project. A copy of their report is attached and is submitted into the public record. HB Wal-Mart Appeal Letter April 5, 1999 Page 4 In summary, the Austin-Foust report questions the trip distribution assumptions that were utilized for Talbert Avenue and Newland Street, the HCM methodology that was utilized to project traffic impacts,the requirement that the Orange County Congestion Management Plan uses ICU traffic projections at intersections such those on Beach Boulevard rather than HCM methodology and the lack of a quantified fair-share payment to mitigate traffic impacts to the City of Fountain Valley. We believe the offer of $560 to mitigate the traffic impacts to our city is unreasonable. Fountain Valley believes the traffic mitigation fee should be based on the actual amount of increased traffic we receive as a result of this project. The traffic impact fees collected from the applicant should be distributed on a proportional basis equal to offset the number of trips into our community. This distribution would be in keeping with the spirit of the Inter-Jurisdictional Planning Forum which was created to address regional traffic impacts and issues and to define efforts to mitigate these impacts. The City of Fountain Valley assesses $59 per trip as the Traffic Impact Fee created pursuant to the provisions of Measure M, the Growth Management Ordinance. For comparison purposes, the City of Huntington Beach assesses a$75 traffic impact fee. We are requesting traffic impact fees be paid to the City of Fountain Valley equal to 17% of the 8500 trips (the traffic impacts to Fountain Valley) multiplied by $59/trip. The EIR did not quantify the reductions in traffic generation applied by the City of Huntington Beach to address internal capture/pass-by trips and credit for trips generated by the school site. Credit given for the latter is inappropriate pursuant to CEQA, as the project and its corresponding mitigation must be evaluated on the base line conditions at the time the project is submitted for study. At that time the Crest View school site had been vacant for several years. Therefore,the site was generating no traffic. As such, every trip above zero should be subject to assessment of traffic impact fees. We are, nevertheless, confident our cities can work together in establishing this amount and dedicating it to a project that will be mutually beneficial. CEQA Inadequacies: The Environmental Impact Report for the general plan amendment, zone change and related Wal-Mart entitlements is flawed and should not have been certified by the Huntington Beach'City Council. The Environmental Impact Report is legally inadequate and insufficient in numerous respects including, but not limited to, the following: 1. No Mitigation Measure for the general plan amendment and zone change- An Environmental Impact Report was prepared for several entitlements required for the Wal-Mart development. These developments included, but were not limited to, a general plan amendment, zone change, conditional use permit, variance and tentative tract map. HB Wal-Mart Appeal letter April 5, 1999 Page 5 The Huntington Beach City Council certified the Environmental Impact Report at their meeting of December 14, 1998. The City Council subsequently adopted a resolution and ordinance amending the general plan and rezoning the subject site. Although these actions unto themselves create environmental impacts, no mitigation measures were Imposed to mitigate the impacts of these actions. A Notice of Determination was filed with the County of Orange that indicated the following: A. The project (the general plan amendment and zone change) will have a significant effect on the environment; B. Mitigation Measures were not made a condition of approval of the project; and C. A Statement of Overriding Consideration was adopted for this project. These statements unto themselves are contradictory. If the project (the general plan and zone change) does create environmental impacts as noted on the Notice of Determination, why were no mitigation measures imposed upon this project? Moreover, why would a Statement of Overriding Consideration be adopted without adopting gny Mitigation Measures? This inaction is a violation of CEQA law. The failure to address changes to the project - As noted earlier, CEQA law requires changes to a project to be analyzed and re circulated for public review. The condition to require trucks to turn right when exiting the Wal-Mart development was not included in the EIR. CEQA requires that an Addendum to the previously certified EIR be prepared if minor technical changes or additions are necessary to make the EIR adequate for the project [Guidelines Sec. 15164(a)]. A Subsequent or Supplemental EIR for a project needs to be prepared as substantial changes proposed in the project will require major revisions to the previous EIR because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects [Guidelines Sec. 15162 and Sec. 15163]. Preparation of some type of Subsequent CEQA documentation would support the notion either that the environmental analysis presented in the EIR is accurate for the revised site plan or that it needs to be modified. Without preparation on an Addendum or Subsequent or Supplemental EIR, the facts linking the revised site plan to the EIR are missing. No Addendum or Subsequent or Supplemental EIR was prepared for the Wal-Mart project, although the site plan approved by the Huntington Beach Planning HB Wal-Mart Appeal Letter April 5, 1999 Page 6 Commission on January 26, 1999,varies considerably from the site plan presented in the EIR. The most important changes include the following: A. Relocation of the loading docks from east to north side of the building B. Redesign of the loading docks to provide enclosures C. Increase in site access points from three to four curb cuts D. Changes in the landscape and building setbacks E. Changes in the number of parking spaces F. Redesign of the site access which results in an altered traffic patter for delivery trucks G. Expansion of entitlements by including Variance No. 98-18 Some of the changes are expected to reduce project impacts (e.g., reduce noise impacts on adjacent residences and reduce height of the noise wall), whereas others may result in new impacts(e.g., noise and fume impacts on residences along Talbert Avenue due to the routing of all truck traffic along this arterial). The record does not contain any evidence of a systematic analysis of the impacts associated with the routing of truck traffic along Talbert Avenue nor does it explore alternative access designs which would allow right turns and left turns for trucks. Without an evaluation of alternative access designs, the rationale for the condition restricting departing truck traffic to right turns remains arbitrary. 3. Lack of Independent Review of the EIR by the Planning Commission - CEQA law requires any decision-making group to exercise its independent judgement of and consider the environmental impacts of a project prior to rendering a decision. The Planning Commission first considered the project EIR and various entitlement for the Wal-Mart development at their meeting of October 27, 1998. The Planning Commission voted to deny the certification of the EIR and Wal-Mart entitlements. The EIR, general plan amendment and zone change were j subsequently forwarded to the City Council at their meeting of December 14, 1998. I The City Council voted to certify the EIR document and approve the general plan amendment and zone change. The conditional use permit, variance and subdivision map for the Wal-Mart project were retumed to the Planning Commission for their reconsideration on January 26, 1999. A review of the public record for the Planning Commission meeting of January 26, 1999, fails to indicate the Planning Commission considered the information contained in the certified EIR and failed to exercise an independent review and consider the information contained in the EIR prior to rendering its decision on the CUP and related entitlements. i HB Wal-Mart Appeal Letter April 5, 1999 Page 7 Pursuant to CEQA, the Lead Agency must certify the EIR reflects the independent judgement of the Lead Agency [Pub. Res. Code Sec. 21082.1(c)(3)]. Resolution No. 98-94 certifying EIR No. 97-1 is deficient because it does not include a statement that EIR No. 97-1 reflects the independent judgement of the Huntington Beach City Council. 4. No Mitigation Monitoring Program (MMP) Adopted for the Project- The Planning Commission failed to adopt a Mitigation Monitoring Program as-part of the approval of the conditional use permit. The City Council also failed to adopt a Mitigation Monitoring Program as a part of the approval of the general plan' amendment and zone change. When a Lead Agency makes Findings on significant effects identified in an EIR, an agency must also adopt a program for reporting or monitoring mitigation measures that were adopted or made conditions of project approval [Pub. Res. Code Sec. 21081.6]. The MMP must ensure compliance with mitigation measures during project implementation. The actions recommended in the staff report do not include adoption of the MMP; therefore, it must be concluded the City of Huntington Beach failed to comply with the requirement of CEQA to adopt the MMP when it made the Findings regarding the significant impacts of the proposed Wal-Mart project. The Lead Agency failed to adopt the MMP despite its own statement that"the MMP would be required to be completed prior to approval of the proposed project" (page 43 of Response to Comments). The Mitigation Monitoring Program was not included with the Environmental Impact Report certified by the City Council on December 14, 1998, nor was a Mitigation Monitoring Program circulated for public review. Repeated requests for a copy of an approved Mitigation Monitoring Program went unanswered. The City of Huntington Beach has now scheduled the adoption of a Mitigation.Monitoring Program to be placed on the agenda to coincide with the appeal hearing for the Wal-Mart development. 5. Failure to Post Notice of Determination for Wal-Mart development- A Notice of Determination was filed with the County Clerk for the approval of the zone change and general plan amendment on January 8, 1999. The Notice of Determination commenced a 30-day statute of limitations on CEQA challenges. A request for a copy of the Notice of Determination for the Wal-Mart development has indicated the document is"not available." CEQA Guideline 15094 states the lead agency shall file a Notice of Determination following each project approval for which HB Wal-Mart Appeal Letter April 5, 1999 , Page 8 an EIR was considered. Failure to post a new Notice of Determination extends the statute of limitations period on CEQA challenges to 180 days. The Planning Commission approval of the conditional use permit and related entitlements was a separate "project" as defined by CEQA and, therefore, a new. Notice of Determination should have been filed. 6. On-Site Ponding of Flood Water- The EIR states post-development flows will be limited to pre-1986 Q,o runoff quantities and storm water will be detained in surface ponds. Under the 100-year flood condition, the surface pond may extend over approximately three acres-and have an average depth of 12 inches. It is recommended to place the pond at a "remote" location of the parking lot. The EIR concludes the provision of surface ponded runoff will reduce storm water impacts to a less than significant level. In evaluating the significance of an impact,the Lead Agency must consider both the direct and indirect impacts of the project[Guidelines Sec. 15064(d)]. The EIR fails to identify the indirect impact the surface ponding will have on the supply of parking spaces. The number of parking stalls rendered unusable under the 10-, 25- and 100-year flood scenarios has not been quantified but may be substantial and exceed the 25 excess parking spaces provided on site per the EIR. The EIR does not provide a rationale for a reduced parking demand during a 10-, 25- and 100- year flood event. It fails to evaluate the potentially significant impact of overflow parking onto nearby streets, commercial properties, the church/cemetery parking lot and residential neighborhoods. Pursuant to CEQA, this potentially significant impacts need to be addressed in the EIR and appropriate mitigation measures need to be evaluated. If found to be significant, the impact needs to be incorporated into the Findings of Fact and Overriding Considerations. 7. Traffic Impacts on Fountain Valley Intersections- A. Information in EIR is contradictory Table 14 of the EIR identifies a significant impact on the Fountain Valley intersection of Bushard/Talbert under the year 2020 without project scenario. Under the year 2020 with project scenario, the intersection improves to acceptable levels (reduction of .01% in ICU value). This is expected to occur although the project is anticipated to impact the intersection (see Figure 15, Project AM Peak Hour Intersection Volumes, on page 101 of the EIR). As the projected ICU improvement due to the project will result in a change from "significant impact" to "less than significant impact," the EIR needs to provide an explanation why intersection operations improve despite the additional project traffic at the intersection. Based on the information presented in the EIR, the date presented in Table 14 and Figure 15 regarding the Bushard/Talbert intersection are contradictory and may result in the misidentification of a significant impact. HB Wal-Mart Appeal Letter April 5, 1999 Page 9 Similar observations apply to the AM peak hour changes at the intersections of Newland/Talbert and Magnolia/Talbert, although. no changes in the level of significance are involved. . B. Failure to show that mitigation measures are effective In the Responses to Comments (page 40 and 41), the EIR specifies fair-share payments to the cities of Huntington Beach and Fountain Valley in order to mitigate significant project impacts on Beach/Slater and Bushard/Ta.lbert intersections, respectively. The EIR then concludes these impacts have been reduced to a level of insignificance. This conclusion is not supported by facts because the EIR does not specify which improvements would be required to achieve acceptable operating conditions, whether such improvements can be accommodated within the existing right-of-way and what the anticipated timing of such improvements would be and whether the mitigation proposed is acceptable to the City of Fountain Valley. C. Failure to identify residual significant cumulative traffic impacts after mitigation CEQA specifies that potentially significant impacts occur if a project, when viewed . together with the effects of related projects, will result in cumulatively considerable effects [Guidelines Sec. 15355]. The EIR must reasonably analyze the cumulative impacts of the proposed project and examine reasonable options for mitigating the significant cumulative impacts [Guidelines Sec. 15130]. The EIR identifies unacceptable levels of service at three area intersections under the year 2020 with project scenario (page 112 of the Draft EIR). On pages 40 and 41 of the Response to Comments document,fair-share payments are recommended to reduce the project-specific contribution to the cumulative significant intersection impacts. Even assuming (1) that the fair-share payments would fully mitigate the incremental impact of the project and (2) that Huntington Beach's HCM method applies in neighboring Fountain Valley (which is disputed below), there. are significant cumulative impacts (per the thresholds outlined in the EIR on page 96) on the intersections of Beach/Slater and Bushard/Talbert (see Table 14 on page 103 of the EIR). The EIR fails to address mitigation for the significant cumulative impacts and fails to state that the cumulative intersection impacts remain significant after mitigation; instead, the EIR erroneously concludes that cumulative significant impacts have been reduced to a level of significance (last paragraph on page 115 of the EIR). The significant cumulative traffic impacts need to be identified in the EIR and incorporated into the Findings of Fact and the Statement of Overriding Considerations. HB Wal-Mart Appeal Letter. I April 5, 1999 Page 10 D. Methodology conceals significant impacts on intersections -located in Fountain Valley The project distributes traffic onto Fountain Valley roadways. The EIR evaluates the significance of traffic impacts on Fountain Valley intersections based first on the ICU methodology and, if significant impacts are identified, then secondly on the HCM methodology. The HCM methodology is accepted in Huntington Beach but not in Fountain Valley. Fountain Valley subscribes to the ICU analysis of intersection impacts because(1)it is the industry standard used by Orange County; (2) it is consistent with Measure. M and CMP legislation requirements; and (3) because the HCM methodology tends to underestimate impacts. The application of the HCM method is not consistent with the industry standard applied in Orange County in the analysis of intersections located outside of the jurisdiction of the Lead Agency and is questionable. Specifically, it raises the question whether the HCM method leads to accurate and defensible results or whether the HCM method may conceal potentially significant project-specific and cumulative effects. The intersections of Magnolia/Talbert and Brookhurst/Talbert illustrate this point. Under the year 2020 traffic without the project scenario, these intersections are projected to deteriorate to unacceptable levels of service based on the ICU method; in contrast, they are projected to operate without problems based on the HCM method. At a minimum, the EIR needs to explain its position that the HCM method applies to intersections located in Fountain Valley, although the methodology is not supported by the City of Fountain Valley. For intersections located in Fountain Valley, the EIR should apply the Fountain Valley thresholds of significance. The intersections' thresholds are as follows: The City of Fountain Valley considers LOS D as the threshold for acceptable service levels, based upon the Growth Management Element of the General Plan. This performance standard is consistent with Measure M target levels and is more stringent than the Congestion Management Plan (CMP) standard, which designates LOS E as the maximum acceptable level of service. The project is considered to have a significant impact at an intersection if traffic operations deteriorate to unacceptable/poor levels of service (i.e., LOS E or F)with the addition of project traffic and the change in the Intersection Capacity Utilization (ICU)value constitutes a 0.01 (1 percent) increase or greater. An increase of 0.01 in the ICU value is considered a "measurable increase in traffic" per Measure M guidelines. HB Wal-Mart Appeal Letter April 5, 1999 Page 11 E. Local versus regional traffic generator The traffic analysis presumes the Wal-Mart project attracts local traffic and it will not be a regional traffic generator. As a result, the traffic study does not analyze 1-405 freeway interchanges, though Fountain Valley staff specifically requested analysis along Talbert to 1-405 in discussions with the Traffic Engineer. The EIR fails to provide facts to support the presumption of Wal-Mart as a local traffic generator. Appropriate information would be market feasibility studies completed by Wal-Mart which identify the size, geographic distribution and other characteristics of the population which will be served by the 145,000 sq. ft. Wal- Mart. If supporting facts are not provided, the EIR needs to analyze the worst-case scenario which includes potential impacts on freeway interchanges. F. CMP consistency analysis is deficient The. EIR fails to present a quantitative analysis for project impacts on Beach Boulevard based on CMP criteria and to evaluate the potential significance of these 'impacts. If significant impacts are found, specific mitigation measures need to be identified to address the impact. CEQA requires a nexus between impacts and mitigation measures, which is clearly lacking when the EIR suggests that traffic impact fees for area wide circulation improvements will effectively mitigate any potential impacts on Beach Boulevard. 8. Finding of Consistency with Lu 13.1.7 Not Based on Facts - On page 189, the Aesthetic/Light section of the EIR cites LU 13.1.7 which addresses the type, intensity and density for reuse and/or development of surplus school sites. The policy lists categories including 1)compatibility with the type and character of adjacent uses;2)the land-use designations for surrounding properties; 3) formulation of an appropriate site plan; 4) working with residents in the formulation of a reuse plan; and 5) utilization of design features such as the maintenance of usable open space and buffering such as open space and landscaping. The EIR then states that compatibility of the project with the adjacent single-family homes is achieved by improving access to an existing, off-site public park and by buffering through landscaping and the noise wall. The conclusion reached in the EIR that the project is consistent with LU 13.1.7 is erroneous: HB Wal-Mart Appeal Letter April 5, 1999 Page 12 The EIR fails to address the issue of compatibility with the type and character of adjacent uses. If it would apply its own judgement, the EIR would have to conclude that the project is out of character with the existing surrounding community (on page 72, the EIR states, 'The proposed project will also contribute to a loss of open space and visual spaciousness that is considered a significant impact and out of character with the surrounding established community!). The EIR fails to address the project's consistency with 2)through 4) above, including the crucial issues of an appropriate site plan and community input in and support of the plan; The EIR neglects to state that the project's failure to maintain active, usable open space on-site contradicts the surplus school site reuse policy. The Lead Agency's acceptance of the project's inconsistency with the policy requires an amendment of the Urban Design Element of the City's General Plan. The EIR fails to identify this significant impact and the need for a subsequent General Plan Amendment. Per the analysis provided in the EIR, improvement of access to an off-site public park will not reduce the loss of community open space to a less than significant level. 9. Need for Visual Simulation to Evaluate Aesthetic Impacts: The EIR evaluates the visual impacts of the project without depicting what the project would look like in relationship to the nearby homes; therefore, the conclusions reached in the EIR regarding visual impacts are based on conjecture rather than on facts. A visual simulation depicting the proposed Wal-Mart in the context of the adjacent residential development is essential to evaluating the visual impact of the project. The EIR postulates that the proposed noise wall (if higher than 8 or 10 feet)will be the only significant aesthetic impact of the project. The EIR fails to present evidence for the conclusion that the placement of a mega retailer adjacent to a low- density residential area can be accomplished without a significant aesthetic impact on the neighborhood. The visual simulation would demonstrate how the bulk, height and location of the building(s) relate to the existing surrounding uses and provide evidence for whether or not the proposed setbacks, landscaping and noise wall create sufficient buffering to.reduce aesthetic impacts to a less than significant level. HB Wal-Mart Appeal Letter April 5, 1999 Page 13 10. Approval of GPA No. 97-1 by Adopting Resolution No. 98-95 -. The Lead Agency certified EIR No. 91-1 (Resolution No. 98-94)and approved GPA No. 97-1 and Zoning Map Amendment No. 97-1. The Lead Agency found that GPA No. 97-1 would result in significant effects on the environment but that mitigation measures were not made a condition of the approval of the project because they "will be reviewed as part of the conditional use permit and tentative parcel applications to be considered by the Planning Commission' (NOD, posted January 8, 1999). The Lead Agency also adopted a Statement of Overriding Considerations as part of Resolution No. 98-94. The Statement of Overriding Considerations addresses the unavoidable significant environmental effects in the areas of air quality and land use. Resolution No. 98-95 finds that through the implementation of the mitigation measures addressed in EIR No. 97-1, some of the potentially adverse impacts associated with the project can be eliminated or reduced to a level of insignificance and that appropriate findings have been made as found in the Statement of Overriding Considerations attached to Resolution 98-95 as Exhibit B. The actions of the Lead Agency conflict with CEPA in several ways: A. Deficient Statement of Overriding Considerations The Statement of Overriding Considerations is a written statement explaining why the agency is willing to accept each significant impact[Pub. Res. Code Sec.21081; Guidelines Sec. 1.5093]. If the Lead Agency approves a project for which the EIR has identified significant impacts in six impact areas (i.e., Transportation/Circulation, Noise, Recreation, Land Use,Air Quality and Aesthetics/Light)and does not adopt mitigation measures found to reduce the impacts to a less than significant level, the Statement of Overriding Considerations must override significant impacts in all six impact areas. The Statement of Overriding Considerations attached to Resolution No. 98-95 is deficient because it identifies only significant impacts in the areas of Air Quality and Land Use and omits significant impacts in the areas of Transportation/Circulation, Noise, Recreation and Aesthetic/Light. Pursuant to the EIR, the impacts in the latter four areas can be reduced to a level of insignificance through the incorporation of the recommended mitigation measures in the project; however, these impacts remain significant because the mitigation measures were not made conditions of the GPA approval. I HB Wal-Mart Appeal Letter April 5, 1999 Page 14 B. Findings Based on Conflicting Facts The Findings attached to the staff report(Attachment 16) do not apply to the GPA as approved. In the areas of Transportation/Circulation, Noise and Recreation the facts supporting the Findings attached to the staff report for the December 14, 1998, City Council Hearing (Attachment 16) indicate that the incorporation of the mitigation measures recommended in the EIR into the project will reduce the significant impacts to less than significant level. Based on these Findings, the approval of GPA would have to include the mitigation measures as conditions of approval of the project. Therefore, the Findings of Fact made to accompany of the approval of GPA do not apply to the GPA. A more appropriate finding may have been to state some of the mitigation measures do not apply on the GPA level but will be adopted with the approval of the site plan. 11. Approval of CUP No. 97-70, Variance No. 98-18 and TPM No. 97-161, Design Review Board No. 97-8 (Wal-Mart Site Plan) Most mitigation measures were not incorporated as conditions of approval of the project. The Findings for the project indicate that incorporation of the mitigation measures specified in the EIR will reduce impacts in the areas of Transportation/Circulation, Noise and Recreation to a less than significant level. Consequently, these mitigation measures need to be made conditions of approval of the project. The conditions of approval listed in Attachment No. 1 to the staff report for the Planning Commission dated January 26, 1999, include the noise mitigation measures; however, the mitigation measures identified in the EIR for transportation/circulation and recreation impacts are not listed as conditions of approval of the project'. As a result, the impacts in the area . of Transportation/Circulation and Recreation have not been mitigated and remain significant. This contradicts with the Findings and the Statement of Overriding Considerations for the project which presume that the Transportation/Circulation and Recreation impacts have been mitigated to a less than significant level by incorporating the mitigation measures recommended in the EIR in the project. ' Item 6..1)of Attachment No. 1 to the staff report states that all improvements to the property shall be completed in accordance with the approved plans,conditions of approval specified herein,and mitigation measures identified in the EIR. It goes on to list landscaping and various fire safety measures as examples for the mitigation measure listed in the EIR. This is misleading,as the EIR does not list specific mitigation measures related to landscaping and fire protection. In contrast,the mitigation measures identified in the EIR are not listed. HB Wal-Mart Appeal Letter April 5, 1999 Page 15 In summary, the City of Fountain Valley is seeking the .following actions from the Huntington Beach City Council: • Amend the condition of the Conditional Use Permit to require truck traffic to turn left onto Talbert Avenue. • Provide appropriate traffic mitigation impact fees to mitigate the traffic impacts into the City of Fountain Valley resulting from the proposed Wal-Mart development. To reiterate, the City of Fountain Valley does not want to tell our neighboring community how to plan their city. However, when we, City Council Members of our respective cities, took our oath of office, we were sworn to protect the welfare of our communities. We are, ' therefore, charged with the duty of ensuring new developments in nearby communities do not adversely impact our residents. We trust that the common goals, vision and cooperation our two communities have demonstrated throughout the years will result in a resolution to these issues to the satisfaction of our communities. Sincerely, CITY OF FOUNTAIN VALLEY dyoJ . lins r JJC:AP:mg Attachment c: Huntington Beach City Administrator Huntington Beach City Clerk Huntington Beach Planning Director Fountain Valley City Council City Attorney City Manager Planning Manager Public Works Director t . , ® ®A11SAN-F01W ASSOCIATES, INC, • TRAFFIC ENGINEERING AND rRAmspoRrATIDN PLANNING 2020 NORTH TUSTIN AVENUE SANTfia '0A1W6fINIA 92705-7827 TELEPHONE (714) 667-0496 FAX (714) 667-7952 MAR 18 1994 PLNWINC DEPT MEMORANDUM C ` TO: Mark Lewis,City of Fountain Valley �. FROM: Joe Foust DATE October 23, 1998 SUBJECT REVIEW COMMENTS-WALMART EIR TRAFFIC STUDY I have reviewed the Huntington Beach Walmart EIR Traffic Study with the comments and responses and offer the following observations: ' 1. The study assigned 59 percent of project trips onto Talbert to the east. This seems . reasonable. However, most of this 59 percent (42 of the 59) is assigned to Newland. This is very unusual. By way of comparison, none of the cumulative projects assigns any significant traffic to Newland. One cumulative project near the Walmart site assigns 35 percent of its traffic to Talbert east but only four percent to Newland. This fact is important since it has the effect of reducing the number of project trips on Talbert in Fountain Valley and thereby reducing the project's traffic.impact and most importantly its fair share. 2. The study utilizes the HCM methodology to effectively "explain away" an otherwise unacceptable LOS. For example, in the 1999 scenario an ICU analysis indicates the Beach/Slater intersection will operate at LOS"F." However,when they utilize the I1CM this same intersection becomes LOS"D"an improvement of two levels of service but more importantly,the conclusion that no mitigation is.required. I am extremely dubious of this conclusion since the HCM is heavily influenced (up to 50 percent) by the assumption of the type of coordination provided. Since Beach Boulevard is a Superstreet, I presume they took every advantage with the progression factor in the HCM methodology to predict a LOS"D." The HCM analysis also used a saturation flow rate of 1,805 vph which is itself seven percent more than the ICU in Orange County. The Orange County CUT requires use of ICU at intersections. HCM can be used for arterial segment analysis but not for intersections. Therefore,since Beach Boulevard is a CMP route,dismissing a LOS"F"by using HCM is not permitted. 305007rtGwpd _ City of Fountain Valley Octobcr 23, 1998 Page 2 Lastly,the ICU methodology used in the study disregards right-turn lanes in the ICU analysis. Usually these right-turn lanes are not critical but that is not always the case and nowhere in the CMP guidelines is it noted that right-turn lanes can be ignored. 3. The use of the SARA Model for the year 2020 analysis produces the seemingly contradictory conclusion that at least two locations the ICU is improved by adding project trips than without the project traffic. I understand how this can happen but the model's output needs to be reviewed and revised. Obviously the ICU does not drop.simply by adding additional traffic(unless capacity is also added). This seeming error was probably just overlooked,but it does cast doubt on the entire analysis. 4. The response to comments acknowledgment that the project will pay its fair share is fine as far as it goes. However,more information and details are required. The scope of the improvement needs to be outlined so that a reasonable cost associated with this improvement can be estimated. In addition,the assignment of 42 percent of project trips to Newland instead of Talbert needs to be re- examined since this directly affects the project'fair share at other Fountain Valley intersections. 5. Lastly,I would normally question use of a general retail trip generation rate when a known project such a!e Walmart is involved. ITE has a large discount warehouse rate which is more applicable to a Walmart type use. However the total trip generation for this project,2,250 ADT and 1,065 peak hour trips,probably covers the actual Walmart project proposed for this site. i i . I 305007rtcwpd ;C ti y Area Stores for K Mart, Target, Walmart, Costco, Fedco, Sam's Club Huntington Beach — 27.3 sq. mi. 1 . K Mart Magnolia St. 2. Target Adams Ave. Costa Mesa — 15.3 sq. mi. 3. Fedco Harbor Blvd. 4. K Mart Harbor Blvd. Fountain Valley— 9.75 sq. mi. 5. Costco Newhope 6. K Mart Harbor Blvd. 7. Sam's Club Brookhurst St. Garden Grove*— 17.8 sq: mi. 8. Costco Garden Grove Blvd. 9. Target Brookhurst St. Westminster— 10.3 sq. mi. 10. K Mart Beach Blvd. 11 . Target Beach Blvd. 12. Walmart Beach Blvd. * Garden Grove has another Target store outside the map area. L,4 Tt-- 11-7 ­­/ Au.e.41=1 'a /V i w Area Stores for K Mart, Target, Walmart, Legend Costco, Fedco, and Sam's Club O 3 & 5 Mile Rodn Huntington Beach Boundary Freeways/Major Highways We K Mart 0 Target �18 Walmart Costco Fedco Sam's Club Cot e8a Miles 0 1 2 w Comparison Of 1997 Taxable Retail Sales Relative To General Merchandise Stores For Area Cities And Orange County" City/County Taxable Retail Sales Taxable Retail Sales Taxable Retail Sales Taxable Retail Sales Per Capita Leakage Per Capita Leakage Percent Leakage in $ Million 1 2 3 Huntington Beach $736 $524 42% $100.14 million Costa Mesa 3,953 None 0 0 Fountain Valley 2,484 None 0 0 Garden Grove 975 285 23 43.82 Westminster 2,230 None 0 0 Orange County 1,260* N/A N/A N/A -(1) County taxable retail sales per capita minus city taxable retail sales per capita (2) Per capita leakage as a percent of county taxable sales per capita (3) City average (based on beginning of year and end of year) population estimate times per capita leakage Basis to determine leakage ** Source: 1997 Retail Sales Analysis Report For Orange County Cities Prepared by Ultra-Research, Inc., Anaheim, CA (1-8-99) -APR. 5.1999 1:57PM NO.012 P.1/2 April 5, 1999 Via Fax(714) 374-1557 City Council-Distribution to All Council Members c/o Connie Brockway, City Clerks 2000 Main Street C Huntington Beach, CA ' o ' <C_jr r-- > Re: Crest View School/Wal Mart Development w � - CD D Dear Council members, I once again would like to state my continued opposition to the Wal Mart development on the Crest View school site, I am not opposed to Wal Mart but am opposed to the development at this site. It is the wrong location for any development except singe family houses with a park although my preference would be to reopen the school. What we need in HB are quality stores not another discount store. We will be known for our beach and our discount stores. This is not something that most above average wage earning residents of HB need. Due to this decision,I have elected not to buy anything in HB, I would once again like to be able to shop in the city, something I went out of my way to do in the past since I understand the value of shopping in the city. I question the integrity of some of the Council members who may have viewed this issue with their mind already made up. I watched as some Council members intently listened while others seemed to stare off into space while others seemed to be flirting with each other. I do not consider the later behavior professional. I do appreciate the fact that some of you were diligent in your work. I protest the vote of the City Council on this issue due to the fact that at least one of the Council members may be in a conflict of interest situation where a company he controls (or has a potential of affecting the company's outcome as a key person)may be in a position to reap financial gains as a result of Wal Mart. I believe the perception is such that this individual should have removed himself from the vote since it is not appropriate to vote on an issue where a company he controls or works for in any capacity may potentially benefit financially in the approval of a retail store. I therefore protest the vote of the city council and therefore the decision to allow Wal Mart to build should be rescinded. If Wal Mart is allowed to develop, the planning commission put certain restraints and guidelines for this development which was not listed to the City Council. Included was a requirement for the developer to install double pain windows on all houses on Talbert from the site to Hartland. I believe this included front and side double pain window installation although I certainly would like to see back included. In addition, I would lilce to see the Talbert front yards protected with 1 of 2 �jvMM ct-*U/C'e T/U 4/ APR. 5. 1999 1:57PM N0.012 P.2i2 April 5, 1999 Via Fax(714) 374-1557 City Council-Distribution to All Council members c/o Connie Brockway, City Cleric 2000 Main Street Huntington Beach, CA Re: Crest View School/Wal Mart Development- Continued some sort of fence to keep the stray carts from Wal Mart out, a guarantee that we will not lose parking on Talbert and if we do the provision for other parking, a payment to the homeowners for loss of their property value since to City of Huntington Beach and the Ocean View School District is gaining so much revenue at the expense of these homeowners(I believe a lump sum payment of$30,000 is fair), a guarantee that we will be able to access Talbert from Hartland without getting hit by a speeding motorist or because there is so much traffic,and a guarantee that we will be able to turn left from Beach on Talbert and not back up the traffic on Beach due to so many cars trying to turn left(this is especially an issue on Sunday when church is in session and so many are trying to turn left). If this is too much and the City would like to purchase my house for$215,000 plus a$15,000 moving allowance, I would be willing to settle, I demand a specific written response to each and every issue in this letter to: Dale E.Hoover 8262 Talbert Avenue Huntington Beach, CA 92646 Thank you for your time and consideration. Sincerely, G� Dade E. Hoover 2 of 2 :I r L �( 4t- OF 216 Newport Ave HUNTI. ''' 8F CA Long Beach CA 90803 , ;, Connie Brockway, City Clerk RE: 8141 Kiner Ave HB City of Huntington Beach ( HB ) lgfl ► r ._r A �� April 2 1999 2000 Main ST , 2nd Floor Huntington Beach CA 92648 Subject: NO on Converting Crestview School to a Walmart For 30 years and less the citizens .of HB bought homes around the Crest View school with the proviso that they would enjoy the emenities for raising their. children, preservation of their life savings and a continuity of " quality of life " for their loved ones.T6 disrupt this assumption , greed has arrived into the city council of HB that:would allow such hipocral;y, driven the past 2 years by our ex- governor .Pete Wilson to .subsidize/enrich his right-wing crony George Arygros(Arnel Construction ) who builds throughout California mega shopping malls with no purpose in mind to improve the " quality of life " for the citizens of a community but to pickup cheap land ( citizen's assets) the cities provide with obvious kickbacks. This guy did not become a multi-millionaire by applying his backward hayseed- education credintials. Like many of our mafia Cal.iforhians this guy is a phony jackass. The pristine setting ( Talbert-Newland ) with the tranquillity of a across road cemetary was never planned nor intended to be a gaudy , neon-lite, high traffic, smelly, .drug infested, pimp/prostitutes7 days a week driven economy. Like Disneyland , HB is creating another poverty disaster community with low paying $6.50/hr jobs, 20 hrs per week and no medical/pension benifits therefore these employees will need to double-up and apply their trade in' Walmart, like Disneyland, parking lots as meat/prostitutes, peddle drugs/pot, live in cheap motels/trailer courts and thus manufacture a reasonNore law enforcement ( military retirees ) to harass/intimadate/ arrogant/bully/lets �ick ass/brutality that has become more and more pr.evaIent in . the city of HB .Like many of our mafia California residents,this guy is a phony jackass. Why are there 21 schools c�sed in the city iri HB school district and other cities are building more schools to accomadate 20 per classroom mandate ? Because population growth is down/zilch and there is no need for more shopping malls. Grocery shopping lines are rare for the malls that we have , so why this great need to add another .but they, incentives/bargain land prices for city council 's # 1 kickback/campaign fund cont,ibutor George Arygros and his fiefdom. Long time residents and devoted community members deserve better than support white supremist/German/fascist /neo- Nazi garbage like HB's city council and their contributor t predator-George..Arygros. Z re y ss Jakob cc OC Register Gray Davis, governor Bill Lockyer, Attn Gen CCO ) q g --~—---�_ f . USAH C b N ,CV W ��I Q-VT e L(5R L-- uwri tj6-.--fd B 6 A -�-000 miqLa ST 2�� 4be� - 'x '�'G$Q��'d"?�".Y� '�1�11Ei�i'l11111�11�11111lIIIIIIiI'1�11111't�'�111I�.IH��til� r ,S Pat Evans Mike Nelson Gayle O'Connor 18221 Wharton 8051 Sterling 8441 Tradewind Circle Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 D. Bailey Shane La Pier Shelley & Vern Vogt 123 Costero Aisle 9085 La Crescenta 8671 Shannon River Irvine, CA 92614 Fountain Valley, CA 92708 Fountain Valley, CA 92708 Steven Dow Carter Orrison Mathew& Robin Miles - 18422 Goodwin 8061 Ellis Avenue 18301 Lisa Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Debbie Shipley Jenny Larson Sue Sterns 18219 Santa Joanana 17889 Maggie Lane 18322 Roberta Circle Fountain Valley, CA 92708 Huntington Beach, Ca 92647 Huntington Beach, CA 92646 Joe Rafferty Steve & Michele Welch Carla Franks 19022 Hillsboro 8062 Taylor 18342 Hartlund Lane Huntington Beach, CA 92646 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Jim Marsh Dave McPhail Patricia Coponiti 8312 Gladys Avenue 18082 Hartlund Lane 6372 Bellinger Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92647-3370 157-325-16 178 Craig Carter Greg Cordrey Glenn, Gloria Tr 8566 Whitefish 19142 Festival Cir. PO Box 6306 Fountain Valley, CA 92708 Huntington Beach, CA 92648 Laguna Niguel, CA 92607 Mr. Gary Cushnie Mr. Barry Shepard Chevron Products Co. 17974 Konings Mark 17881 Gothard Street Fountain Valley, CA 92708 Huntington Beach, CA 92647 Ms. June Tate Ms. Karen LaPier Ms. Dorothy Akstinas 17382 Mira Loma Circle 8111 Sterling 20741 Charwood Lane Huntington Beach, CA 92647 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Mr. David Curtiss Ms. Susan Koch Mr. Harold Ellis 18031 Gulf Lane 18321 Roberta Circle 18069 Santa Cecilia Huntington Beach, CA 92646 Huntington Beach, CA 92646 Fountain Valley, CA 92708 Mr. Larry Slonim Ms. Margaret Sheckell Ms. Deborah Englert 19792 Gloucester Lane Ultrasystems Environmental 8402 Goldsport Huntington Beach, CA 92646 6 Jenner, Suite 210 Huntington Beach, CA 92646 Irvine, CA 92618-3811 Mr. Victor Leipzig Dr. James Tarwater Greg Broughton 17461 Skyline Lane Ocean View School District Planning Consultants Research Huntington Beach, Ca 92647 17200 Pinehurst Lane 233 Wilshire Boulevard, Suite 130 Huntington Beach, CA 92647 Santa Monica, CA 90401 Tom Love Greg McClelland JoAnn Hadfield Arnel Retail Group Arnel Retail Group Planning Consultants Research 949 South Coast Drive, Suite#600 949 South Coast Drive, Suite#600 One Venture, Suite 150 Costa Mesa, CA 92626 Costa Mesa, CA 92626 Irvine, CA 92618 Robert Kahn Steve Reiner Stanley R. Hoffman RKJK Hall and Foreman, Inc. 18031 Irvine Boulevard, Suite 202 1601 Dove Street, Suite 290 545 North Mountain Ave., Suite 106 Tustin, CA 92680 Newport Beach, CA 92660 Upland, CA 91786-9997 Mr. William A. Parrish Mr. Joe Meyer Greenbrook Fountain Valley Little & Associates Architects Pacific Retail Partners Homeowner's Association 431 South Albertson Avenue 5225 Canyon Crest Drive, #166 18222 Santa Joanana St. Covina, CA 91723-2903 Riverside, CA 92507 Fountain Valley, CA 92708 Trevin& Dianne Wooddard Mr. Victor Leipzig Sandra Cerda 17231 Ash,No. 6 17461 Skyline Lane 18221 Gleada Street Huntington Beach, CA 92649 Huntington Beach, CA 92647 Huntington Beach, CA 92646 Jo Elliott Julie Weinfeld John J. Bower 18062 Beach Boulevard 18062 Joyful Lane 8305 Magic Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92646 ' 1 CRESTVIEW LABELS—UPDATES AND INTERESTED PARTIES 3/11/99 157-481-01 1 157-491-04 12 157-491-14 22 Lambert Alice Jane Michael Jerry Nelson Milton H Henson 21112 Windchild Ln. 8051 Sterling Ave. 410 Pine Nut Rd. Huntington Beach, CA 92646-6834 Huntington Beach, CA 92646 Coleville, CA 96107 157-493-04 59 159-141-90 91,94 189-271-69 Kim, Kwi Nam. Park Side Classics Newport Victoria c/o Lam, Donald 18202 Beach Blvd. c/o Etco Development Inc. 7255 Figueroa St. #2438 2031 Orchard St., Ste.211 Huntington Beach, CA 92648 Newport Beach, CA 92660-0754 Los Angeles, CA 90017-5424 165-181-35 123 157-323-02 147 157-352-07 Robertso ,wen L Eduardo Pimentel &Mary Jo Copper Linda L Deckard c/o Inve ments Inc. 18152 Hartlund Ln. 4697 Peytonsville Rd. 181 Bea Blvd. #326 Huntington Beach, CA 92646 Franklin, TN 37064 Hu to Beach,CA 92648 g 157-352-25 243 157-353-02 251 157-381-01 256 James and Maureen Lalith Cochran, Phyllis J Fred Infante 18301 Roberta Cir. 18252 Lisa Ln 8242 Talbert Ave. Huntington Beach, 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 157-381-17 271, 272 157-382-05 282 157-392-04 331 Cloutier, Blanche Gloria T Bellino Smith, A Duane 18061 Wharton St 15403 Las Vecinas Dr 9410 La Colina Ave Huntington Beach, CA 92646 La Puente, CA 91744 Fountain Valley, CA 92708 157-392-16 333 157-392-23 340 157-481-05 Debooy, W Marie Anderson, Stanley James Luan N. & Lynn Nguyen 18121 Maplegrove Cir 8416 Sweetwater Cir 9127 Calladium Ave. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Fountain Valley, CA 92708-1420 Mr. Brian Young Mr. Joe Konars Ms. Paulette Edmonston 8530 Stanton Ave. 30 Corinthian Walk 18333 Santa Stethana Circle Buena Park, CA 90622 Long Beach, CA 90803 Fountain Valley, CA 92708 Mr. Chuck Beauregard 159-271-67 102 Mr. Bernard R. Hout Computer Professionals Unlimited Bank, Pacific Inland Tr 16787 Beach Boulevard 5942 Edinger Avenue, Suite 113-242 Tony H. Luis Trust Huntington Beach, CA 92647 Huntington Beach, CA 92649 PO box 3289 Costa Mesa, CA 92628 Ms. Dennese Murphy Antonette Christenson Ms. Marie May 8231 Sterling 2743 No. Olive Lane 9342 Hyannis Port Drive Huntington Beach, CA 92646 Santa Ana, CA 92706 Huntington Beach, CA 92646 v5a- 14t- CID ��,� pow�zl awtid wla�lna . d 38 CXrin�'d � CA q.Lcvq,B { I�W11 VtA,�OV1ld (KL9793a) Tom Love Planning Director Greg McClella Q, Arnel Retail rou City of Fountai a ey M'�`�r Arnel Retail rou 949 Soutl oa rive, Ste. 600 10200 Slat v 949 Sout oas rive, Ste. 600 Costa esa A 92626 Fountai all CA 92708 Costa Mesa, CA 92626 Orange County Sanitation District Mr. Herb Nakasone, General Manager Ms. Tish Koch ` PO Box 8127 OC Flood Control District Asst. Superint de t of Business Fountain Valley, CA 92728-8127 300 N. FloNver Street HB Union 'gh chool District Santa Ana. CA 92702-4048 10251 Y t n Avenue Huntington each, CA 92646 Dr.James Tarwater, Superintendent Allen Macens ha Ocean View Elem. School District HB Enviro ent oard OC Vector Control District 17200 Pinehurst Drive 20021 L 'Lane PO Box 87 Huntington Beach, CA 92647 Hunti gtoso each, CA 92646 Santa Ana, CA 92702 Mr. John Nelson,Asst. Superintendent Ms.Nancy Pollard,President Mr. John Wodraska, General Mgr. OC Department of Education Board of Trustees Metropolitan Water District of SC 200 Kalmus Drive OC Community College District PO Box 54153 Costa Mesa, CA 92628 1370 Adams Avenue Los Angeles, CA 90054 Costa Mesa, CA 92626 Lisa Mills, CEO Mr. Stanley Sprague, General Manager Mr. William R. Mills,Jr. OC Transit Authority(OCTA) OC Municipal Water District General Manager, OC Water Dist. PO Box 14184 PO Box 20895 PO Box 8300 Orange, CA 92613-1581 Fountain Valley, CA 92728 Fountain Valley, CA 92708 Mr.J/Buchana Q Ms. Gail Wickstrom, Superintendent Mr. Robert Mazzola, Engineer Asst. dm. Se?v. Westminster Elem. School District Telephone Operations GTE HBEistrict 14121 Cedar%vood Avenue 7292 Slater Avenue PO B Westminster. CA 92683Huntington Beach, CA 92647-6240 Hunt2648 Ms. Patricia Wolf Mr. Robert S. Warth Mr. Wayne P' er upervising Engr. Regional Manager,Region 5 Technical Supervisor,the Gas Company Southern if is Edison Co. � Department of Fish and Game PO Box 3334 1325 S th rand Avenue 330 Golden Shore,Suite 50 Anaheim, CA 92803-3334 Santa An , CA 92705 Long Beach,CA 90802 Mr.Robert Jose p ,Chi' f Mr. Wayne Pitzer, Supervising Engineer Robert Moel,Vice President and General Advance Pla ng anch >tip Southern California Edison Company Manager Caltrans, stri 2 1325 South Grand Avenue Time Warner Communications 2501 PXflm Street Santa Ana, CA 92705 7441 Chapman Avenue Santa Ana, A 92705 Garden Grove,CA 92641 Aileen Taber Public Works Commission George Britton, Manager South Air Quality Management District 505 Van Ness Avenue Environmental Proj. Planning Div. (SCAQMD) San Francisco. CA 94102 Orange County EMA 21865 E. Copley Drive PO Box 4048 Diamond Bar, CA 91765-4182 Santa Ana, CA 92702-4048 PUBLIC HEARING NOTIFICATION CHECKLIST "B" MAILING LABELS - January 13, 1999 Planning Dir. 21 Dr.Duane Dishno 29 Country new tates HOA 37 City of Fountain Valley HB City Elementary School Dist Carrie om 10200 Slater Ave. PO Box 71 664 ro r Drive Fountain Valley,CA 92708 Huntington Beach,CA 92626 H tin on Beach CA 92648 Planning Director 22 Jerry Buchanan 29 Coun Vi �e Estates HOA 37 City of Westminster HB City Elementary School Dist Ge d C pman 8200 Westminster Blvd. 20451 Craimer Lane 6/424k6e Circle Westminster,CA 92683 Huntington Beach,CA 92648 Huntington Beach CA 92648 Planning Director 23 James Jones 30 H/5V HOA 37 City of Seal Beach Ocean View Elementary Kfic Prop.Mangmt Inc. 211 Eight St School district 16 Avenue,Suite 200 Seal Beach,CA 90740 17200 Pinehurst Lane Irvine,CA 92606 Huntington Beach CA 92647 California astal -mission 24 Ron Frazier 31 Sally am 38 Theresa my Westminster School District Mea owl Area South ast a Office 14121 Cedarwood Avenue 5 1 G ' g Circle 200 cean te,10th Floor Westminster CA 92683 Huntington Beach,CA 92649 Long Beach,CA 92802-4302 Califorai oastal mmission 24 Patricia Koch 32 Chery Bro g 38 South ast a Office HB Union High School Ditrict Me owl Area 200 cean te,10th Floor 10251 Yorktown Avenue 71 oosevelt Lane g Bead ,CA 92802-4302 Huntington Beach,CA 9264G Huntington Beach,CA 92649 Robert Joseph 25 CSA 33 CA Coastal Communities,Inc. 39 Caltrans District 12 730 El Camino Way#200 6 Executive Circle,Suite 250 2501 Pullman St Tustin,CA 92680 Irvine,CA 92614 Santa Ana,CA 92705 Director 26 Goldenw/Ie 34 $olsa Chi Land rust 40 Local d W to Enf.Agy. Atm: F Nancy KPosa( O.C. eal Care Agenry 157 GSt 483 sP. .Box 55 H tingtA 92647 Huntingth,CA 92649 Santa Ana,CA 92702 New Growth Coordinator 27 OC County Harbors,Beach 35 Bolsa Chica Land Trust 40 Huntington Beach Post Office and Parks Dept. Paul Horgan,President 6771 Warner Ave. P.O.Box 4048 207-21,1 Street Huntington Beach,CA 92647 Santa Ana,CA 92702-4048 Huntington Beach,CA 92648 Marc Ecker 28 Huntington eac fall 36 SEHBNA 41 Fountain Valley Attn:Pat oge -Laude 22032 Capistrano Lane Elementary School District 7777 E Ave. #300 Huntington Beach,CA 92646-8309 17210 Oak Street Hun ' gton Beach CA 92647 Fountain Valley CA 92708 h:langel:phibl PUBLIC HEARING NOTIFICATION CHECKLIST "B" MAILING LABELS -January 13, 1999 President 1 Hun tin on bor PO A 10 FAIL 16 H.B. Chamber of Commerce P. O. ox 1 Carol 2210 Main Street,Suite 200 Sun et Beach,CA 90742 P.O.B . 45 Huntington Beach,CA 92648 H tington Beach,CA 92646 Judy Legan 2 V illiam D.Holman 11 SuZ6ui 16 Orange County Assoc. of Realtors PLC 19 ay Lane 25552 La Paz Road 23 Corporate Plaza,Suite 250 HBeach,CA 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 PreZggtxo 3 Nfr.Tom Zanic 12 Edna Littlebury 17 Amo Cbica New Urban West Gldn St. Mob.Hm. Owners Leag. P. 8 520 Broadway Ste. 100 11021 Magnolia Blvd. Heach,CA 92605 Santa Monica,CA 90401 Garden Grove,CA 92642 Sunset B ch Co ty Assoc. 4 Pres.,H.B.Hist Society 13 Pacific Coast Archaeological 18 Pat ' s,Presid t C/O Newland House Museum Society,Inc. PO ox 215 19820 Beach Blvd. P.O.Box 10926 StIfiset Bea CA 90742-0215 Huntington Beach,CA 92648 Costa Mesa,CA 92627 Attn:Jane Gothold President 5 Chairperson 14 County of Orange/ElvfA 19 Huntington Beach Tomorrow Historical Resources Bd. Michael M.Ruane,Du. PO Box 865 Comm. Services Dept P.O.Box 4048 Huntington Beach,CA 92648 2000\fain St Santa Ana,CA 92702-4048 Huntington Beach,CA 92648 Julie Van most 6 Council 96 Agin M 15 County of Orange/EA 19 :FecCu 1706 ange e. Thomas Nfathews 11 100 Hurihngto each,CA 92648 P. O.Box 4048 << Santa Ana,CA 92702-4048 Richard Spicer 7 Jeff Ifetze 16 Planning Department 19 SCAG Seacliff OA Orange County EMA 818 West 7th,12th Floor 1939 had arbor Circle P. O.Box 4048 Los Angeles,CA 90017 H tin n Beach,CA 92648 Santa Ana,CA 92702-4-48 E.T.I. Corral 100 8 John RYA 16 County of Orange/EMA 19 Mary Bell Seaclif Tim Ibiiller 20292 Eastwood Cir. 1938e P.O.Box 4048 Huntington Beach,CA 92646 H tin CA 92648 Santa Ana,CA 92702-4048 John Scandura 9 Lou Manno a 16 Planning Dir. 20 Environmental Board Chairman Seacliff A City of Costa Mesa 17492 Valeworth Circle 1982 cean B ff Circle P. O.Box 1200 Huntington Beach,CA 92649 H tington each CA 92648 Costa Mesa,CA 92628-1200 FANS Ito h:langel:phlbl Sohn M►�e 14yt5 �c4s Clr('U �u,�, l 0-K 926L►8 AP# 157-352-02 ` AP# 157-352-02 AP# 157-352-02 OCCUPANT OCCUPANT OCCUPANT 18302 Patterson Ln.,Unit#1 18302 Patterson Ln.,Unit#2 18302 Patterson Ln.,Unit 93 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 APT 157-352-02 S AP# 157-352-03 AP# 157-352-03 OCCUPANT OCCUPANT OCCUPANT 18302 Patterson Ln.,Unit 44 18301 Patterson Ln.,Unit A 18301 Patterson Ln., Unit B Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 APT 157-352-03 as AP# 157-352-03 AP# 165-181-19 f�� OCCUPANT OCCUPANT OCCUPANT 18301 Patterson Ln.,Unit C 18301 Patterson Ln.,Unit D 7811 Talbert Ave.,Unit#1 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648 APT 165-181-19 log AP# 165-181-19 AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 42 7811 Talbert Ave.,Unit#3 7811 Talbert Ave.,Unit 94 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 APT 165-181-19 608 AP# 165-181-19 AP4 165-181-19 �o OCCUPANT - OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit#5 7811 Talbert Ave.,Unit#6 7811 Talbert Ave.,Unit#7 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 APT 165-181-19 - 108 AP# 165-181-19 ---108 AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 98 7811 Talbert Ave.,Unit 99 7811 Talbert Ave.,Unit#10 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 APT 165-181-19 108 AP# 165-181-19 AP# 165-181-19 l0e OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 911 7811 Talbert Ave., Unit#12 7811 Talbert Ave.,Unit#13 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 " u 8 AP# 165-181-19 8 AP.. 165-181-19 •�.� �� /O AP,� 165-181-19 - l0 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 414 7811 Talbert Ave.,Unit#15 7811 Talbert Ave.,Unit#16 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 APT 165-181-19 ��6 AP# 165-181-19 - 108 AP# 165-181-19 - � 8 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit#17 7811 Talbert Ave.,Unit#18 7811 Talbert Ave.,Unit#19 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 APT 165-181-19 1�g AP# 165-181-19 �OV AP# 165-181-19 l�� OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#20 7811 Talbert Ave., Unit 921 7811 Talbert Ave., Unit#22 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 APR 165-181-29 AP# 165-181-29 f, AP# 165-181-29 f OCCUPANT OCCUPANT OCCUPANT 17882 Bell Circle, Unit A 17882 Bell Circle,Unit B 17882 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 APR 165-181-30 �1 AP# 165-181-30 I l AP# 165-181-30 OCCUPANT OCCUPANT OCCUPANT 17892 Bell Circle, Unit A 17892 Bell Circle, Unit B 17892 Bell Circle,Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP4, 165-181-30 J� AP# 165-181-31 l�9 AP# 165-181-31 !/ OCCUPANT OCCUPANT OCCUPANT 17892 Bell Circle,Unit D 17902 Bell Circle, Unit A 17902 Bell Circle, Unit B Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 APR 165-181-31. -- �1 7 AP# 165-181-31 1�9 AP# 165-181-32 1 ab OCCUPANT OCCUPANT OCCUPANT 17902 Bell Circle, Unit C 17902 Bell Circle,Unit D 17912 Bell Circle, Unit A Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 APR 165-181-32 f aZ fl AP# 165-181-32 AP# 165-181-32 I OCCUPANT OCCUPANT OCCUPANT 17912 Bell Circle, Unit B 17912 Bell Circle, Unit C 17912 Bell Circle, Unit D Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 APR 165-181-33 �'2 AP# 165-181-33 f' AP# 165-181-33 1 1 OCCUPANT OCCUPANT OCCUPANT 17932 Bell Circle, Unit A 17932 Bell Circle, Unit B 17932 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach,CA 92647 CHuntington Beach, CA 92647 APR 165-181-33 I AP# 165-302-19 9 AP# 165-302-19 199 OCCUPANT OCCUPANT OCCUPANT 17932 Bell Circle, Unit D 7902 Ronald Drive,Unit A 7902 Ronald Drive,Unit B Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 APR 165-302-19 f 9 AP# 165-302-20 fv AP# 165-302-20 f OCCUPANT - OCCUPANT OCCUPANT 7902 Ronald Drive, Unit C 7912 Ronald Drive,Unit A 7912 Ronald Drive,Unit B Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 APR 165-302-20 f rO AP-Tr165-302-20 30 AP# 165-302-20 OCCUPANT OCCUPANT OCCUPANT 7912 Ronald Drive, Unit C 7912 Ronald Drive,Unit D 7912 Ronald Drive,Unit E Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-19 ! 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°2 AP# 165-181-24 J 2, AP# 165-181-25. 11 OCCUPANT OCCUPANT OCCUPANT 17931 Bell Circle, Unit C 17931 Bell Circle, Unit D 17901 Bell Circle,Unit A Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-25 13 AP# 165-181-25 11 AP# 165-181-26 l�� OCCUPANT OCCUPANT OCCUPANT 17901 Bell Circle, Unit B 17901 Bell Circle, Unit C 17891 Bell Circle,Unit A Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-26 : ` AP# 165-181-26 l 4 AP# 165-181-26 OCCUPANT OCCUPANT OCCUPANT 17891 Bell Circle, Unit B 17891 Bell Circle, Unit C 17891 Bell Circle, Unit D Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-27 AP# 165-181-27 �l S AP# 165-181-27 OCCUPANT OCCUPANT OCCUPANT 17881 Bell Circle, Unit A 17881 Bell Circle, Unit B 17881 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-28 AP# 165-181-28 AP# 165-181-28 OCCUPANT OCCUPANT OCCUPANT 17872 Bell Circle, Unit A 17872 Bell Circle, Unit B 17872 Bell Circle, Unit C Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 AP# 165-181-19 - ` AP# 165-181-19 AP,, 165-181-19 1�g OCCUPANT OCCUPANT OCCUPANT 7911 Talbert Ave.,Unit 923 7911 Talbert Ave.,Unit#24 7811 Talbert Ave.,Unit 425 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 8 AP# 165-181-19 APOVE' 165-181-19 l 08 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit#26 7811 Talbert Ave.,Unit#27 7811 Talbert Ave.,Unit 428 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 8 AP-fur.165-181-19 AP# 165-181-19 108 AP# 165-181-19 1e OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 929 7811 Talbert Ave.,Unit#30 7811 Talbert Ave.,Unit 431 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 - !O8 AP# 165-181-19 l O S AP# 165-181-19 �Og OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 432. 7811 Talbert Ave.,Unit#33 7811 Talbert Ave.,Unit 434 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 r�8 AP# 165-181-19 8 AP# 165-181-19 S OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit#35 7811 Talbert Ave.,Unit#36 7811 Talbert Ave.,Unit#37 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 tog --- - ------ - --�-o - - - - -- -- AP# 165-181-19- _ AP.ru 165-181-19 APr 165-181-19 1 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit 438 7811 Talbert Ave.,Unit#39 7811 Talbert Ave.,Unit 440 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 LOP..._.. � __ . . AP# -165=181-49 AP# 165-181-19 _ �� AP# 165-181-19 1�S OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave.,Unit#41 7811 Talbert Ave.,Unit#42 7811 Talbert Ave.,Unit#43 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-181-19 ` Og AP# 165-181-19 �O AP# 165-181-19 1 0 OCCUPANT '.;= OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#44 7811 Talbert Ave.,Unit#45 7811 Talbert Ave.,Unit#46 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 i Q AP# I65-181-19 1 Og �; AP# 165-181-19 V AP# 165-181-19 OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#47 7811 Talbert Ave.,Unit#48 7811 Talbert Ave.,Unit#49 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AP# 165-18T=19 109 AP# 165-181-19 [08 AP# 165-181-19 �CU OCCUPANT OCCUPANT OCCUPANT 7811 Talbert Ave., Unit#50 7811 Talbert Ave.,Unit#51 7811 Talbert Ave., Unit#52 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Jerome Tarpin 3� A D & Marilyn Smith Diana P Helm Or Current Resident Or Current Resident Or Current Resident 8436 Springhurst Ave 8456 Springhurst Ave 8435 Springhurst Ave Huntington Beach 92646 .. Huntington Beach 92646 Huntington Beach 9264E James M & Cheryl Keys Rebecca S Ross �4o Evelyn C Snow Or Current Resident Or Current Resident Or Current Resident 8425 Springhurst Ave 8401 Goldsport Cir 8406 Goldsport Cir Huntington Beach 92646 Huntington Beach 92646 . Huntington Beach 9264E Raymond Yang Susan Redmond 7 Or Current Resident Or Current Resident 8402 Sweetwater Cir 8405 Sunbeam Cir Huntington Beach 92646 _ Huntington Beach 92646 _ 138 140 i4"s Roman Catholic Bishop O Intercommunity H Huntin Roman Catholic Bishop c Or Current Resident Or Current Resident 1qj Or Current Resident 17952 Beach Blvd 17772 Beach Blvd 8345 Talbert Ave Huntington Beach 92647 Huntington Beach 92647 Huntington Beach 9264E Huntington Associates Or Current. Resident 17822 Beach Blvd Huntington Beach 92647 ' *** 124 Printed *** Stephen A Locks a 7 Leon Solomon 'M Stuart T Uyetake Or Current Resident Or Current Resident Or Current Resident 8321 Magic Cir 8306 Magic Cir 8322 Magic Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Hsueh F & Young Hsu � 99 Karl R Uhlig Ben T Chen Or Current Resident Or Current Resident Or Current Resident 18052 Hartlund St 18081 Gulf Ln 18101 Gulf Ln Huntington Beach . 92646 Huntington Beach 92646 . Huntington Beach 92646 Karl R Uhlig '2 Steven Brereton ° Kenneth E Cheshire Or Current Resident Or Current Resident Or Current Resident 8421 Tradewind Cir 8412 Talbert Ave 8422 Talbert Ave Huntington Beach. 92646 Huntington Beach 92646 Huntington Beach 92646 *** 9 Printed *** 1� I - I 3ruce & Sheena Walczyk Robert F Cronk / ! / Robert G Magotch A )r Current Resident Or Current Resident Or Current Resident 3306 Rolf Cir 18142 Wharton St 8262 Kiner Ave iuntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Trover P Thomas `�/ Church First United Met Robert C Grondahl 'z1r )r Current Resident Or Current Resident Or Current Resident 3282 Kiner Ave 8252 Le Conte Dr 8041 Taylor Dr iuntington Beach 92646 Huntington Beach 92646 . Huntington- Beach 92646 ,ee J & Traci Ty. 3 Stanley L Hef ley o2 1 b Marian B Franks 7 )r Current Resident Or Current Resident Or Current Resident 3061 Taylor Dr 8101 Taylor Dr 8111 Taylor Dr iuntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Garin Pihl a°2� Maria T Cerrito �°2� Paul J Bruckner )r Current Resident Or Current Resident Or Current Resident 3161 Taylor Dr 8171 Taylor Dr 18302 Beach Blvd iuntington Beach 92646 Huntington Beach . 92646 Huntington Beach 92648 ,inda L Deckard 029 Clifford E Robison J� Wayne 0 Woodroof .25;2 )r Current Resident Or Current Resident Or Current Resident 3012 Taylor Dr' 8022 Taylor Dr 8052 Taylor Dr iuntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Seymour Buder v2 J Eugene D Micco Eric Mozell )r Current Resident Or Current Resident Or Current Resident .8281 Thomas Cir 18281 Roberta Cir 18272 Roberta Cir iuntington Beach 92646 Huntington Beach 92646 Huntington Beach . 92646 7ary M & Shannon Smit hs Diane M Turko c25p Tri-Palms Financial Inc )r Current Resident Or Current Resident Or Current Resident a5-7 .8302 Lisa Ln 8242 Talbert Ave 8272 Talbert. Ave :untington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 'rank & Carole Ruiz Hsiu C Hsu b� Neal B Voorhees k )r Current Resident Or Current Resident Or Current Resident ,302 Talbert Ave 8321 Gladys Ave 8301. Gladys Ave iuntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 i )ouglas R Circle a 6 8 Paul R Cloutier 7 f Murari Gupta 7_5" )r Current Resident Or Current Resident Or Current Resident ;271 Gladys Ave 18071 Wharton St 18111 Wharton St iuntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 thing S & Ru Chang X Gloria T Bellino S� Stuart Gaston )r Current Resident Or Current -Resident Or Current Resident �251 Sterling Ave 8272 Gladys Ave 8302 Gladys Ave .untington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 Kaiser Foundation Healt David L mpbell �b . James L ohnson 9 Or Current Resident Or Curre Resident Or Curr nt Resident 18081 Beach Blvd 18172 S ar n Ln 18162 h ron Ln Huntington Beach 92648 Huntin ton Beach 92648 Hunti gt •n Beach 92648 Albert L ithers 179 JamesAcgrto as �9 Barbara Skinner 106 Or Curre Resident - Or Cu Resident Or Curre Resident 18156 S ar n In 18146on Ln 7865 Lo i Dr Hunti ton each 92648 HuntiBeach 92648 Huntin ton -Beach 92648 Stanley & Anna Jay l�1 Bank Pacific Inland Frank A Richmond Or Curre Resident Or Current Resident Or Current Resident 7861 Lo i r 18211 Beach Blvd 18151 Beach Blvd Huntin ton each 92648 Huntington Beach 92648 Huntington Beach 92648 Soto Kafetzopoulos l�9 Jack & Jeanette Haley Ruby R Scott 108 Or Current Resident Or Current Resident Or Current Resident 18141 Beach Blvd 18121 Beach Blvd /07 7811 Talbert Ave Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92648 Auntingt Beach Cong a Bruce E ' ller 1�� Manuel T Hidalgo Or Curre t Resident Or Curre Resident Or Current Resident/- � 7851 Ta rt Ave 7871 Ta rt Ave 17931 Bell Cir Auntin ton Beach 92648 Huntin ton Beach 92648 Huntington Beach 92647 Daniel & Patrice Levin '2 Robert L Taube l�3 Leon T Kuczynski 1.19� Or Current Resident Or Current Resident Or Current Resident 7891 Talbert Ave 17941 Beach Blvd 17931 Beach Blvd Huntington Beach 92648 Huntington Beach 92647 Huntington Beach 92647 Decatur L Dilday l-2 S Allen E Hom I� b Artemio R Ramil Dr Current Resident Or Current Resident Or Current Resident 17911 Beach Blvd 17881 Beach Blvd 17871 Beach Blvd 4untington Beach 92647 Huntington Beach 92647 Huntington Beach 92647 Donald P Jones . f ag Charles S Palmer 42 9 Steven J gione %.3a Or Current Resident Or Current Resident Or Curren Resident L7855 Beach Blvd 7902 Ronald Dr 7912 Ro 1 Dr 3untington Beach 92647 Huntington Beach 92647 Huntin on Beach 92647 glary E Fox 1 3) Margaret M Dattels (3a Gustav chweger l�. Dr Current Resident Or Current Resident Or Curre t Resident L7831 Beach Blvd 17851 Beach Blvd 8412 J Dr 3untington Beach 92647 Huntington Beach 92647 Hunting to Beach 92647 4ark Co - er �-1 Barret�/S Deck 3s Julien ecrivain f�� Dr Curr t Resident Or Cu;rent Resident Or Curr t Resident 3402 J Dr 8392 �J lm Dr 8371 T 1 ert Ave 3untin to Beach 92647 Hun . ton Beach 92647 Huntington Beach 92646 r._ Lambert Alice Jane 42- Richard Bukowski -� Mary T Bottari Or Current Resident Or Current Resident Or Current Resident 18012 Beach Blvd 18042 Beach Blvd 18072 Beach Blvd Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92648 _5 Lunn N Lynn Nguyen June R Pressel <O Robert M Wagner O & Or Current Resident Or Current Resident Or Current Resident 18082 Beach Blvd 18090 Beach Blvd 8231 Sterling Ave Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92646 Van T Lieu Y 157-394-20 School Ocean view Dist 8 V 7 Or Current Resident Albert, David E III Or Current Resident 18222 Lisa 7,n 1538 Bradford Rd Huntington Beach* 92646 .Lisa Huntington Beach 92646 Cambria, CA 93428 Hunti Betty Senvardarli Howard L Abel 901 Serge S Weibel 9� Or Current Resident Or Current Resident / 80 Current Resident 18255 Beach Blvd 18001 Beach Blvd Hunt ington Beach 92646 Sterling Ave Huntington Beach 92648 Huntington Beach 92648 Hunt / 9 ' Marvin F & Laura Fox 157-393-17 Jean Wong Or Current Resident Sills, Judith Or Current Resident 8081 Sterling Ave P O Box 4727 18172 Beach Blvd Huntington Beach . 92646 Crestline,CA 92325 Huntington Beach 92648 • I57- Russel R Jakob 50 �rxAvj&Al 4V1,4�tn Anthony M Shaffer 7 Or Current Resident Igo?� yy(Q,ip(�,[�.Ot.�e �..Vt• Or Current Resident .r 8141 Kiner Ave 18175 Vallea Cir Huntington Beach 92646 Wlklh'ti'M��� 'a'q�2 Huntington Beach , 92646 Donald R Duncan. $3 1 57 - 3 1-]g Kenneth J Holesinger 3� Or Current Resident Glenn, Gloria or Current Resident 8111 Kiner Ave P O Box 6306 8142 Sterling Ave Huntington Bea&• 92646 Laguna Nigual, CA 92607 Huntington Beach 92646 ~- 157-393-20 Dennis M Kroll -�-% John P Hodge'--' 7G Mary French Or" Current " Resident Or Current Resident 8462 Idlewild Cir 8081 Kiner Ave 8162 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach CA 92646 (te Arthur R De Groot lewport Victoria Collins, Leory Or Current Resident :/o Donald Lam �� 9100 S Sepulveda Suite 127 18212 Beach Blvd 125 S Figuera#2438 / Los Angeles CA 90045 Huntington Beach 92648 I.os Angeles, CA 90017 157-393-31 157-393-32 157-394-01 Vladimir Polhovsky George Rapoza J. Richard Williams 18282 Gum Tree Lane 18292 Gum Tree Lane 8412 Sunbeam Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264( 157-394-02 157-394-03 157-394-04 Richard P. Voltmer Alex zapassoff Charles H. Morus 22856 Via Cordova 8402 Sunbeam Cir 8396 Sunbeam Cir 3o Laguna CA 92667 Huntington Beach CA 92646 Huntington-'Beach CA 9264j 157-394-05 157-394-06 157-394-07 4illiam C. Barnes Donald E. Roberts John J. Curren 1694 Riverview Dr. 18355 Gum Tree Lane 18351 Gum Tree Lane Fallbrook CA 92028 Huntington Beach CA 92646 ; Huntington Beach CA 9264C 157-394-08 157-394-09 157-394-10 Leal R. Doty Gayson Haug Cecelia F. Gronotte 9632 Innsbruck Dr. 228 Windsong Dr. 18335 Gum Tree Lane Huntington Beach CA 92646 Henderson NV 89014 Huntington Beach CA 9264k L57-394-11 157-394-12 157-394-13 Xlison Vitacolonna Stephen A. E. Skromeda Susan Mary Gibson L8331 Gum Tree Lane 18325 Gum Tree Lane 18321 Gum Tree Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264� L57-394-14 157-394-15 157-394-16 PERKINS, R06GRT Janet Newcomb Dorothyan M. Balsom L0261 Shadyridge Dr. 18311 Gum Tree Lane 18301 Gum Tree Lane Santa Ana CA 92705 Huntington Beach CA 92646 Huntington Beach CA 92644 L57-394-17 157-394-18 157-394-19 John D. Merck Hossein Etemadi Darrell L. Mountjoy L8294 Gum Tree Lane 18302 Gum Tree Lane 22042 Tanbark Lane luntington Beach CA 92646 Huntington Beach CA 92646 E1 Toro CA 92630 157-394-21 157-394-22 )a �� Margaret S. Robin Constance G. Larson er Lane 18362 Mapledale Lane 18366 Mapledale Lane ,ake 406 Huntington Beach CA 92646 Huntington Beach CA 9264E _57-394-23 157-394-24 1c.��I. V - OI :enneth P. Ishida William Lum Acbm1 _8372 Mapledale Lane 18382 Mapledale Lane luntington Beach CA 92646 Huntington Beach CA 92646 74- 11�1 AYYDt,V �)Oqf,. TM& Hun CA q ZZ10 lteS - 181- 3S 2(ezz� Um t Mt Wrvk p e zc k., CA `MPY 3 157-392-06 157-392-07 157-392-08 Susan S. Nakase Robert M. Baker Thanu Boonyawatana 8483 Shamrock Cir 18192 Gum Tree Lane 18186 Gum Tree Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264[ 157-392-09 157-392-10 157-392-11 Angeline Dao Frank Di Gregorio Carole A. Neelands 18949 MT Walton Circle 18144 Maplegrove Cir 18142 Maplegrove Cir Fountain Valley CA 92708 Huntington Beach CA 92646 Huntington •Beach CA 92644 157-392-12 157-392-13 157-392-14 Robert M. Kohls Jack Briscoe. Robert S. Bains 18134 Maplegrove Cir 18132 Maplegrove Cir 15552 Sunburst Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 9264' 157-392-15 157-392-43 157-393-12 Carla M. Haase Townhomes Homeowners Ass Edwin W. Coinson 18122 Maplegrove Cir P.O. Box 1674 8411 Sunbeam Cir Huntington Beach CA 92646 Santa Ana CA 92702 Huntington Beach CA 9264( 157-393-13 157-393-14 157-393-15 Gary A. Sinclair Charles F. Regehr Ronald J. Phillips 10428 Klamath River Cir 8425 Sunbeam Cir 18291 Gum Tree Lane Fountain Valley CA 92708 Huntington Bealch CA 92646 Huntington Beach CA 9264 157-393-16 1 - - ✓✓J 157-393-18 Adrianne H. Geiger J Jack M. Brennan 5282 Princeton Ave. 1827 18273 Gum Tree Lane Westminster CA 92683 eac Huntington Beach CA 9264( 157-393-19 - V/ 157-393-21 James W. Donnell 4Ma renc Donald P. Graves 8466 Idlewild Circle 45 8456 Idlewild Cir Huntington Beach CA 92646 2i Huntington Beach CA 92646 157-393-22 157-393-23 157-393-24 Abigail K. Francis May A. Lange Bernard J. Fitzpatrick 8444 Idlewild Cir 8436 Idlewild Cir 8435 Idlewild Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92644 157-393-25 157-393-26 157-393-27 Richard S. Ritchie Carmen M. Olin Jo Ann Frey 8445 Idlewild Cir 8455 Idlewild Cir 8461 Idlewild Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 157-393-28 157-393-29 157-393-30 Toward Charle Langpap Albert P. . Ingham Joanne B. Smith 13262 Gum Tree Lane 18272 Gum Tree Lane 18274 Gum Tree Lane funtington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 926Q- 157-481-01 157-481-05 157-491-04 Jane Lambert Trust Nguyen,Luan N TR Nelson Micheal 21112 Windchild Ln 9127 Caladium Ave. 8051 Sterling Ave Huntington Beach CA 92646 Fountain Valley,CA 92708 Huntington Beach CA 92646 157-491-14 157-493-04 165-181-35 \00 Henson,Miltonh Kim,Kwi Nam Robertson,Wendy 410 Pine Nut Rd 18202 Beach Blvd HB77Beach Blvd#326 Coleville CA 96107 I Huntington Beach CA 92648 Huntington Beach CA 92648 157-323-02 157-352-07 157-352-25 Eduardo Pimentel Deckard,Linda James Lalith 18152 Hartlund St 4697 Peytonsville Rd 18301 Roberta Cir Huntington Beach CA 92646 Franklin,TN 37064 Huntington Beach CA 92646 157-353-02 157-381-01 157-382-05 Cochran,Phyllis Infnate,Fred W Bellind, Gloria 18252 Lisa Ln 8242 Talbert Ave 15403 Las Vecinas Dr Huntington Beach CA 92646 Huntington Beach Ca 92646 La Puente, CA 91744 157-392-04 33� 157-392-16 157-392-23 Smith, A Duane Debody,W Marie Anderson, Staanley 9410 La Colonic Ave 18121 Maple Groove 8416 Sweetwater Fountain Valley, CA 92708 Huntington Beach Ca 92646 Huntington Beach CA 92646 157-392-19 157-392-27 157-392-32 Helm,David Prebel, Ronald Ladon, Anne 8435 Springhurst Ave 8386 Goldsport 5499 Paseo Del Lago unit 2E Huntington Beach CA 92646 Huntington Beach CA 92646 Laguna Hills, CA 92653 157-383-14 157-383-19 157-384-09 Cutiss,David Doover,Eric L. Bravo, Barry . 18031 Gulf Ln 18091 Gulf In 108 Belle Plaine Ave Huntington Beach CA 92646 Huntington Beach Ca 92646 Park Ridge,I160068 157-384-19 157-382-10 157-381-10 Feeny,John Ross Locks, Stephen Turner, Douglas 1097 Sea Bluff Dr 8321 Magic Cir 616 16d' St Costa Mesa Ca 92627 Huntington Beach CA 92'b46 Huntington Beach CA 92648 157-491-06 157491-08 157-492-09 Felton, Steven La Pier, Shane Shaffer, Anthony 8081 Sterling Ave 9085 La Crescenta Ave 21292 Lemontree Ln Huntington Beach CA 92648 Fountain Valley, CA 92708 Huntington Beach CA 92646 157-492-11 157-492-26 159-271-70 105 Hernandez, Andrew Clark, Peter Tatarian, Sarkis lov 17696 Beech St 8151 Kiner Ave 18121 Beach Blvd Fountain Valley, CA 92708 Huntington Beach CA 92648 Huntington Beach CA 92648 157-392-41 35$ 35`7 157-392-44 361 Julia W Grabel s T o es H Springhurst Townhomes 8411 Sweetwater Cir 6 PO Box 1674 Huntington Beach 92646 Santa Ana CA 92702 W T 9 0 2 157-393-01 3&4- 157-393-02 3�P5 157-393-03 Stanley Anderson Rosalind J Jue Larry Mc Phie 8416 Sweetwater Cir 8414 Sweetwater Cir 8412 Sweetwater Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 9264 157-393-04 3�F7 157-393-05 3�08 157-393-06 36` Michael D Berdine Raymond Yang Gloria A Nelson 8406 Sweetwater Cir PO Box 94 8396 Sweetwater Cir Huntington Beach 92646 Redondo Beach CA 90277 Huntington Beach 92641 157-393-07 c37D 157-393-08 .371 157-393-09 37% Roger L Baker Elaine Skelly Mark D Wuestling 8392 Sweetwater Cir 8385 Sunbeam Cir 8395 Sunbeam Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 9264E _ t 157-393-10 373 157-393-11 37-f �.39 John St Denis Susan Redmond 8401 Sunbeam Cir 17392 Forbes Ln Huntington Beach 92646 Huntington Beach 92649 saf`- r..�;... C ^�� 02 _ - 9 7& 157-393-37 377 IS?- 3,1Z- 4,q S Alva Wilson Co vs�,,d-a Kp,yt,y�i-& 109 Emerald Bay lQvlz YV1,t�,`0kL"tQ LVL 702 Laguna Beach CA 92651 , �1,1 WE1 vV�tDv� W,4Zh�CA *** 50 Printed *** —1 157-392-01 ' 3.28 157-392-02 3-�9 157-392-03 330 Jerome Tarpin Charles M Unger Merril L Mathias 156 Stanford Way 8442 Springhurst Ave 8452 Springhurst Ave Sausalito CA 94965 Huntington Beach 92646 Huntington Beach 92646 15 3 2- f�/ `3.31 157-392-05 33� 15VD _ D a i ' t James H Vogt941 to A 8462 Springhurst Ave 8 C'Fo ta' Va ey 9 08 Huntington' Beach 92646 Huna 92646 157-392-17 334 157-392-18 335 15 9 f & William B Dobrusky Joseph M Halcisak i P m 18125 Maplegrove• Cir 8441 Springhurst Ave 6 0 P' ve Huntington Beach 92646 Huntington Beach 92646 Fo tain V ey C 92708 157-392-20 .3 157-392-21 3'38 157-392-22 133 q Sandra M Meyer James M & Cheryl Keys Gayle L Harriman 8431 Springhurst Ave PO Box 26692 8421 Springhurst Ave Huntington Beach 92646 Santa Ana CA 92799 Huntington Beach 92646 jHuin* 157-392-24 157-392-25 s 14 aal , Y-ei VA - Mary E Parsons a r C' 8395 Goldsport Cir 8391 Goldsport Cir each 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-26 .34-3 1 -39 27 157-392-28 3 45 Elizabeth Csillag a Eleanor M Sinclair 8385 Goldsport Cir 3 p ' r 8392 Goldsport Cir Huntington Beach 92646 t ' gt Beach 9 46 Huntington Beach. 92646 157-392-29 4& 157-392-30 34-7 157-392-31 341B Mona O Parker Deborah J Englert Evelyn C Snow 8396 Goldsport Cir 8402 Goldsport Cir 18655 W Bernardo Dr 223 Huntington Beach 92646 Huntington Beach 92646 San Diego CA 92127 157-39 -32� 157-392-%33 .350 157-392-34 s35� p Susan L Highland Ralph A & Rita Yedinak 4 G ds o t it 8422 Goldsport Cir 8424 Goldsport Cir to n a le C 2708 Huntington Beach 92646 Huntington Beach 92646 157-392-35 35•� 157-392-36 353 157-392-37 354- Darlene K Stinnett Jerold B Ruzicka Jo A Horne 8426 Goldsport Cir 8381 Sweetwater Cir 8385 Sweetwater Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-392-38 355. 157-392-39 3�1v 157-392-40 .3:57 Etta M Becker Robert T Le Grue Roy D Wilson 8395 Sweetwater Cir 8401 Sweetwater Cir 8405 Sweetwater Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-04 a�y 157-383-05 a97 157-383-06 �98 Ivan K Burleigh Rex E Mapes Armand Alvillar 18092 Hartlund St 18072 Hartlund St 18062 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-07 a9g 157-383-08 .3�0 157-383-09 3�f Hsueh F & Young Hsu Anthony N Gomez Lorraine N Ermel 16843 Valley Blvd F 18032 Hartlund St 18022 Hartlund St Fontana CA 92335 Huntington Beach 92646 Huntington Beach 92646 157-383-10 30;1- 157-383-11 303 157-383-12 304 Qui N Nguyen Janice A Hale Ronald L Courreges 18002 Hartlund St 18001 Gulf Ln 18011 Gulf Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-13 c30S" 157-383-14 304P 157-383-15 307 William L Niendorf Ceres P Froelich John A & Nina Hendricks 18021 Gulf Ln 18031 Gulf Ln 18041 Gulf Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-16 308 157-383-17 309 157-383-18 3/0 Patricia Patterson David L Williams Karl R Uhlig 18061 Gulf Ln 18071 Gulf Ln 8442 Tradewind Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-383-19 311 157-383-20 157-384-01 3/3 Alvin W Evert Ben T Chen Trung K Nguyen 18091 Gulf Ln 23735 Singapore St 8402 Santana Cir Huntington Beach 92646 Mission Viejo CA 92691 Huntington Beach 92646 157-384-02 c3J¢ 157-384-03 3/5 157-384-07 c3f(r Ernest E Wright Walter J Stoklosa Steven A Sianez 8412 Santana Cir 8422 Santana Cir 8421 Santana Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-384-08 317 157-384-09 318 157-384-10 319 Steven & Marivic Janda Barry Bravo Scott Biedermann 8411 Santana Cir 8401 Santana Cir 8402 Tradewind Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-384-11 3.20 157-384-12 3al 157-384-16 3��- George W Bisnar Duane E Cosby Karl R Uhlig 8412 Tradewind Cir 8422 Tradewind Cir 8442 Tradewind Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-384-17 3.23 157-384-18 3a4 157-384-19 .3.25 Louis Calderon Manfred C Kunze John R & Robin Feeney 8411 Tradewind Cir 8401 Tradewind Cir 8402 Talbert Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-381-11 02�� 157-381-12 aG7 157-381-13 CGS Neal B Voorhees Benjamin Montoya Douglas R Circle PO Box 2142 8281 Gladys Ave 4701 E E1 Rito Dr Westminster CA 92684 Huntington Beach 92646 Orange CA 92867 157-381-14 02 q 157-381-15 . 12 70 157-381-16 a 7� Deene T Brandt Mark T Wilson Paul R Cloutier 8251 Gladys Ave 8241 Gladys Ave 18061 Wharton St Huntington Beach 92646 Huntington Beach 92646 . Huntington -Beach 92646 1 81- ` �,/ oZ7'2" 157-381-18 ��`� 157-381-19 a74 Pau ti Lawrence J Sallmann Sandra Harmon 18 St-- 18091 Wharton St 18101 Wharton St H tin on Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-381-20 275 157-381-21 a74*0 157-381-22 - -"_ a77 Murari Gupta Ching S & Ru Chang Wilmer R Henritzy 18201 E Evergreen Cir 9069 Mcbride River Ave 8241 Sterling Ave Villa Park CA 92861 Fountain Valley C 92708 Huntington Beach 92646 157-382-01 o2�8 157-382-02 a 7q 157-382-03 Jean T Sleeper Ronald J Foreman Albert R Rodriguez 18122 Wharton St 18112 Wharton St 18102 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-382-04 15 - -0 a 157-382-06 e283 Michael J Leahy G a 1 " o William J Steiner 18092 Wharton St 8282 Gladys Ave Huntington Beach 92646 Be rdino 92405 Huntington Beach 92646 157-382-07 a 157-382-08 eZ85' 157-382-09 e?gCo Stuart Gaston James P Marsh Thomas E Nelson 8282 Drybank Dr 8312 Gladys Ave 8322 Gladys Ave Huntington Beach 92646 Huntington Beach 92646 . Huntington Beach 92646 jg4 82- oe $'7 157-382-11 -88 157-382-12 Osman & Hesna Taban John I Bower e 8311 Magic Cir 8305 Magic Cir B h Huntington Beach 92646 Huntington Beach 92646 157-382-13 - d&70 157-382-14 o29f 157-382-15 Leon Solomon Than Nguyen Stuart T Uyetake 2306 Magic Cir 8312 Magic Cir 2345 Kaola Way Huntington Beach 92646 Huntington Beach 92646 Honolulu HI 96813 157-383-01 0293 157-383-02 . d9¢ 157-383-03 aQs John Meijer H Le Hoang Robert F Renfrow 18122 Hartlund St 18112 Hartlund St 18102 Hartlund 'St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-352-14 C 35& 157-352-15 o237 157-352-20 .238 Seymour Buder Daniel A D'agostino Alvaro A Sifuentes PO Box 92 18301 Thomas Cir 18302 Thomas Cir Seal Beach CA 90740 Huntington Beach 92646 Huntington Beach 92646 157-352-21 a317 157-352-22 c2¢0 157-352-23 i241 Stephen P Hurd Erwin A Weaver Fred R Schmuck 18282 Thomas Cir 18272 Thomas Cir 18271 Roberta Cir Huntington Beach 92646 Huntington Beach 92646 . Huntingtori :Beach . 92646 Old 157-352-24 a4oZ 157- 5 4Bea664�6 157-352-30 4 Eugene D Micco Thomas N Trezek 20782 Mataro Ln 0 e 18302 Roberta Cir Huntington Beach 92646 un 'ngto Huntington Beach 92646 157-352-31 o24-T 157-352-32 v?46 157-352-33 .24-7 Norman E King Eric Mozell Duane C & Dj Black 18282 Roberta Cir 2414 Voorhees Ave 2 18271 Lisa Ln Huntington Beach 92646 Redondo Beach CA 90278 Huntington Beach 92646 157-352-34 a40 157-352-35 157-353-01 Edward S Bixler Mattew P & Robin Miles Lisa J .Robinson 18281 Lisa Ln 18301 Lisa Ln 18242 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 1 -35 0 157-353-03 025-6Z 157-353-04 a5-3 Florentino I Magdaleno Mathias M Keller 18262 Lisa Ln 18272 Lisa Ln nt ' n ch 9 646 Huntington Beach 92646 Huntington Beach 92646 157-353-05 9254 157-353-06 '25-5 1 fta59311 Joel E Moore Gary M & Shannon Smith 18282 Lisa Ln 2 Canal Cir Huntington Beach 92646 Newport Beach CA . 92663 157-381-02 •e267 157-381-03 a58 157-381-04 Irene R Bai18y' Dale E Hoover Tri-Palms Financi2l Inc 8252 Talbert Ave 8262 Talbert Ave 4550 W Oakes[ Blvd 1i1w Huntington Beach 92646 Huntington Beach 92646 Las Vegas NV 89102 157-381-05 e2&0 157-381-06 157-381-07 �G�- Kevin C Tran Frank & Carole Ruiz Juan Gonzalez 8282 Talbert Ave 32088 Via Seron 8312 Talbert Ave Huntington Beach 92646 Temecula CA 92592 Huntington Beach 92646 157-381-08 o2(03 157-381-09 15 1- %BVea Hoang N & Thu Tran Hsiu C Hsu s 8322 Talbert Ave 6 Santa Luzia Aisle G dHuntington Beach 92646 Irvine CA 92606 Huntin ch 92646 157-326-28 • .20(0 157-326-29 ao7 157-351-01 1200 Bela I Messzik Geoffrey R Smith Curtis D Ruth 6251 Dancy Cir 8241 Dancy Cir 8001 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-351-02 010q 157-351-03 a10 157-351-04 a// Edward W & Lynn Wilson Robert A Fesmire Robert C Grondahl 8011 Taylor Dr 8021 Taylor Dr 3153 Limerick Ln Huntington Beach 92646 Huntington Beach . 92646 Costa Mesa•'.CA 92626 157-351-05 .7- 157-351-06 157-351-07 v214 Edward L Roy Lee J & Traci Ty Florencio Villalobos 8051 Taylor Dr PO Box 264 28?15 JAUF 8071 Taylor Dr Huntington Beach 92646 Coalinga CA 93210 Huntington Beach 92646 157-351-08 a15 157-351-09 216, 157-351-10 a/7 Philip L Rodasta Stanley L Hefley Marian B Franks 8091 Taylor Dr 6132 Point Loma Dr .16355 WIMr3LE bajJ LN Huntington Beach 92646 Huntington Beach 92647 Huntington Beach 92641 157-351-11 157-351-12 eZIq 157-351-13 o2Z0 Fred P Gonzales Walter J Larson Diane A Esper 8121 Taylor Dr 8141 Taylor Dr 8151 Taylor Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-351-14 �'! 157-351-15 e2e2''Z" 157-351-16 Karin Pihl Maria T Cerrito Lucille Foster 5322 Trinette Ave 18173 Santa Cecilia 8191 Taylor Dr Garden Grove CA 92845 Fountain Valley C 92708 Huntington Beach 92646 157-351-17 C2;Z4- 157-352-02 o 157-352-03 cz� W R & Donna Mason Jack C & Jing Hsu Jiin B & Ray-Roncr Wang 8201 Taylor Dr 18801 Via San Marco 9121 Atlanta Ave 329 Huntington Beach 92646 Irvine CA 92612 Huntington Beach 92646 157-352-05 Scot cQ`R1RJ c=-, 157-352-06 0?�$ 2- ✓ q Paul J Bruckner Angela R Mc Rae De a 217 S Violet-*Ln 8002 Taylor Dr geint 1 r Orange CA 92869 Huntington Beach 92646 o 27 157-352-08 . a30 157-352-09 .23/ 157-352-10 0� Clifford E Robison Bruce A Greenwood Wayne O Woodroof 16331 Underhill Ln 8042 Taylor Dr 5347 Lone Oak Ln Huntington Beach 92647 Huntington Beach 92646 Loomis CA 95650 157-352-11 .233 157-352-12 a3� 157-352-13 �3J William F Shirley Victor M Espinoza Grace E wingett 8062 Taylor Dr 8072 Taylor Dr 18271 Thomas Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 i 157-325-14 17G 157-325-15 !77 1 5 - 4St 7$ Melvin B Erickson Robert F Cronk An 18162 Wharton St PO Box 732 18 Huntington Beach 92646 Huntington Beach 92648 H c 46 157-326-01 /7q 157-326-02 lav 157-326-03 l$l Gary E Llewellyn Lyle D Moore Nelson Lopez 18151 Wharton St 18161 Wharton St 18181 Wharton St Huntington Beach 92646 Huntington Beach 92646 . Huntington Beach 92646 1571326-04 1O1- 157-326-05 l S3 157-326-06 184 Clarence & Velma Smith Donald L Sneed Robert G Evans 18191 Wharton St- 18201 Wharton St 18221 Wharton St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-07 1S5 157-326-08 18�0 157-326-09 1467 Alicia Smith Robert G Magotch Grover P Thomas 8252 Kiner Ave 9207 E1 Azul Cir 616 Ingalls Ln Huntington Beach 92646 Fountain Valley C 92708 Wilderville OR 97543 157-326-10 188 157-326-11 18 157-326-12 �90 D UP DES SIS, WELL-I N C7 Toil Takashi .T Yamada Billy F Couch 8292 Kiner Ave 8312 Kiner Ave 8322 Kiner Ave . Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-13 /9l 157-326-14 l9� 157-326-15 79.3 Henry Acosta Raymond J Danfield Pravin Mehta 8321 Le Conte Dr 8311 Le Conte Dr 8301 Le Conte Dr Huntington Beach 92646 1 Huntington Beach 92646 Huntington Beach 92646 157-326-16 /14 157-326-17 195 157-326-18 �94 Philip A Widetick Jack W & Coralee Long Michael A Rademaker 8291 Le Conte Dr 8281 Le Conte Dr 8271 Le Conte Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-19 - M7 157-326-20 He 157-326-21 �99 Arthur W & Patsy Maltby Daniel E Marantette Ronald I Sturtevant 8251 Le Conte- Dr .8241 Le Conte Dr 8242 Le Conte Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-326-22 �� 157-326-23 o?O/ 157-326-24 Church First United Met Clinton E Silverman Saadullah Yosafi 2721 17th St 8272 Le Conte Dr 8282 Le Conte Dr Huntington Beach 92648 Huntington Beach 92646 Huntington Beach 92646 157-326-25 -703 157-326-26 c704L 157-326-27 SOS Frederick E Verrall Lynn J Heacox Geraldine M Nagle '18291 Springtime Ln 8281 Dancy Cir 8271 Dancy Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 _ 1 157-323-01' 2 0 ✓✓ 157-323-03 14'8 t aw, MARK R d m to Martin J Hadrian 18132 Hartlund St 2 r un S 18162 Hartlund St Huntington Beach 92646 Hun ' gton each 646 Huntington Beach 92646 157-323-04 17! 157-323-05 �50 157-323-06 fS� Michael D Canas Jiukichi Furuyama Robert F Cronk 18182 Hartlund St 18192 Hartlund St 18312 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-324-01 157-3 4-02 153 157-324-03 �JT Steven P Biedebach i' ty of Huntington Beac Edward M Miller 18232 Hartland St C Hal 18242 Hartlund St Huntington Beach 92646 Hunt ' to B CA 92648 Huntington Beach 92646 157-324-04 16,5, 157-324-05 f5� 157-324-06 l57 Agnes S Chow Ursula T Zimmermann Gregory S Brewsaugh 18252 Hartlund St 18262 Hartlund St 18282 Hartlund St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-324-20 158 157-324-21 �5q 157-324-22 1�00 Gervin I Laity David L Smith William- Hencke 18291 Hartlund St 18281 Hartlund St 18282 Springtime Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-324-23 157-324-24 f�O� 157-325-01 1�03 Frank Landri Thomas W Quick Gilbert F Biedebach 18292 Springtime Ln 18302 Springtime Ln 8321 Rolf Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-02 1&4- 157-325-03 llOs 157-325-04 Nona M Nelles George D De Rego Bruce & Sheena Walczyk 8311 Rolf Cir 8305 Rolf Cir 830(0 RoLF CIS Huntington Beach 92646 Huntington Beach 92646 HIJNT)kX�TOP 3c�cH 1 Zb�b 157-325-05 1�P7 157-325-06 l�08 157-325-07 Earl W Frye - Ophelia F Canas Gary L Hewitt 8312 Rolf Cir 8322 Rolf Cir 8321 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-08 /70 157-325-09 l7l 157-325-10 Hue M Than Jacques Cools Adrienne A Bode 8311 Kiner Ave 8291 Kiner Ave 8281 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-325-11 157-325-12 174 157-325-13 /76' Prapas Chaichan Althea M Stuart Margaret A Bresnahan 8271 Kiner Ave 18182 Wharton St 18172 Wharton- St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 1i,5-!S� 1-33' -9V V. J`2� 165-181-34 165-181 35 Mai'r dalgo Daniel & Patrice Levin obert L Taube 865arino Ave 17752 Beach Blvd 105 22 Circ Dr San ino CA 91108 Huntington Beach 92647 Ne ort Bea h CA 92663 165-181-36 j2'¢ 165-181-37 l25 165-181-38 Leon T Kuczynski Decatur L Dilday Allen E Hom C40 VOMa:W! 33 Rollingwood Dr 18612 Quarterhorse Ln 1652 Browning Rolling Hills CA 90274 Huntington Beach 92648 . Irvine CA 92606 165-181-39 la7 165-181-40 A20 165-302-19 4217 Artemio* R Ramil Donald P Jones Charles S Palmer 22301 Harwich Ln• PO Box 4018 6552 Cory Dr Huntington Beach 92646 Newport Beach CA 92661 Huntington Beach 92647 165-302-20 l30 165-302-21 /31 165-302-22 13� Steven J Mangione Mary E Fox Margaret M Dattels 7912 Ronald Dr 4tA 25141 La Cresta Dr 324 N Palm Dr 305 Huntington Beach 92647 Dana Point CA 92629 Beverly Hills CA 90210 167-531-20 l33 167-531-21 134- 167-531-22 135 Gustav Kirchweger Mark Cooper Barret S Deck 8412 Jalm Dr 8402 Jalm Dr 8392 Jalm Dr Huntington Beach 92647 Huntington Beach 92647 Huntington Beach 92647 167-531-24 167-601-08 Julien E Lecrivain,LaYWOM1 Roman Catholic Bishop O 0 8371 Talbert Ave M 2811 E Villa Real Dr - r Huntington Beach 92646 Orange CA 92867 7 3l 167-601-14 140 - - Glp 14) a Intercommunity H Huntin R _ r PO Box 570 ange 67 Nashville TN 37202 A'►�rn' 'tax Deft_ D;; 167-601-208 -O R is Huntington Associates e 1 e PO Box isoq Nashville TN 37202 167-609-01 14-5 l( ,5 302 -7, Huntington Beach Co PO. Box 285 Houston TX 77001 C'OL4 *** 145 Printed *** 4 1 1 - - 159-141-83 !?3 ' c i e Kaiser Foundation Healt BO a i e 393 E Walnut St u c 5 Beverly Hills CA 9 1 Pasadena CA 91101 5 - 41 9 1, 159-141-95 96 159-271-10 9� e ie it ag Sohrab Sassounian David L Campbell 6 Bol a Chi a t 16373 Bolsa Chica St 18172 Sharon Ln Huntington Beaca 92 4 Huntington Beach 92649 . Huntington Beach 92648 159•-271-11 97 159-271-12 98 159-271-13 ' ' 917 James L Johnson Albert L Withers James M Mras 18162 Sharon Ln 18156 Sharon Ln 18146 Sharon Ln Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92648 159-271-14 1001 159-271-1.5 NAnahei -67 v-" /0.2 Barbara A Skinner Stanley J & Anna Jay ' fic Inland 7865 Lori Dr 7861 Lori Dr 61 1Huntington Beach 92648 Huntington Beach 92648 CA 92803 159-271-68 - -- 103 -6 �✓ l0 199 f Frank A Richmond zo 1 J �aL 12700 N Saint James P1 S 1 Hayden Lake ID 83835 eac 1 Suns _2 VV /0& fSe - - �✓ 107 165-181-19 l08 !16M8 H y Ruby R Scott e a is s y �- 520 Broadway 100 t ea CA 9074 Santa Monica CA 90401 165-181-21 IDg 165-181-22 ll� 65-1 -23 pLLVLczOk Huntington Beach Congre Bruce E Miller B ce Miller 7851 Talbert Ave 7871 Talbert Ave 787 al rt Aven Huntington Beach 92648 Huntington Beach .92648 Hutin ton Beach 92648 165-181-24 ' �• f �f!Z ` 65-1 1-25 Pa&LA4& 113 1 -18 -26 �"`t ' 114 Manuel T Hidalgo 1Z1 M uel Hidalgo Man el Hidalgo 865 S San Marino Ave 865 Sa Marino Ave 865 an arino Ave San Marino CA 91108 San inc, CA 91108 San Ma 'no 91108 165-181-2 'Dk? !15 16 181-� �� fl� 1�-181- 9 Man 1 T H algo Manu T H%al�go Mang 1 T idalgo 865 S an Ma 'no Ave 865 S n Ave 865 San rino Ave San Mari CA 91108 San Mari 1108 San Ma kno CA 91108. 165 81- 0 'D�Q 1l8 16 5- 81-3 Du,� //9 16 5 81- � /� Manu T ' dalgo Manue T Hi algo Manue T H algo 865 S an Ma ' o Ave 865 S S Ma 'no Ave 865 S n Ma 'no Ave San Mari o CA 91108 San Marino CA 1108 San Mari CA 91108 157-493-06 (e 157-493-07 GZ .157-493-08 �0 3 Jean Wong Jennie E Caparotta Harold W Hambley 2013 Huntington St 18152 Beach Blvd 18151 Gleada St Huntington Beach 92648 Huntington Beach 92648 Huntington Beach 92646 157-493-09 �¢ 157-493-10 lP5 157-493-11 George P Kosearas Ernest R Dolen Luis A Sugra 18171 Gleada St 18181 Gleada St 18191 Gleada St Huntington Beach 92646 Huntington Beach 92646 Huntingtoii -Beach 92646 157-493-12 (P7 157-493-13 �$ 157-493-14 (IV John F Germain Javier & Sandra Cerda Dixie Lebeau 18211 Gleada St 18221 Gleada St 8052 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-15 _70 157-493-16 71- 157-493-17 Florentino Magdaleno NANKo, RIC-HARD Michael D Buongiorno 8062 Kiner Ave 8072 Kiner Ave 8082 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-18 73 157-493-19 74- 157-493-20 75 Dale A Barber Tomas R Mc Natt Elizabeth R Fitzgerald 8102 Kiner Ave 8112 Kiner Ave 8122 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-21 7(p 157-493-22 777 157-493-23 78 Jose L Tapanes Mary R Murphy John P Hodge 8132 Kiner Ave 8142 Kiner Ave 9372 Hazelbrook Dr Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-493-24 7? 157-493-25 eO 157-493-26 8I Arthur Calvano Craig L & Betsy Pierce Bruce L Atchley 8172 Kiner Ave 8192 Kiner Ave 8202 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-494-01 S.Z 157-494-02 8-3 157-494-03 S¢ Linda S Moor-e' Paul J & Ellen Kleizo Maria N Toledo-Castillo 18152 Lisa Lin 18172 Lisa Ln 18182 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-494-04 SJr 157-494-05 �P 157-494-06 87 Kevin & Robin 01mahony Beverly Morang van T Lieu 18202 Lisa Ln 18212 Lisa Ln 15892 Villanova Cir Huntington Beach 92646 Huntington Beach 92646 Westminster CA 92683 157-494-07 $S 157-495-01 8? 159- 31-01 q� Kenneth J Mc Geein Robert M Wagner Ho�war L Abel 18232 Lisa Ln 3079 Nestall Rd 12 P ay Rd Huntington Beach 92646 Laguna Beach CA 92651 Powa 2064 157-492-08 31 *Hiunt -0 3z 157-492-10 33 Nick A & Andrea Walker S `r Jean S Pinigis 18171 Vallea Cir v 2 18172 Vallea Cir Huntington Beach 92646 n Beach 92648 Huntington Beach 92646 AH &� ✓� 157-492-12 `35 157-492-13ez James W Wood Kenneth J Holesinger 8132 Sterling Ave 8559 Rock Fish Cir e 46 Huntington Beach 92646 Fountain Valley C 92708 157-492-14 37 157-492-15 - - `3S 157-492-16 37 Howard L Schoonover David M Park Marilyn Tomsick 18171 Pemberco Cir 18175 Pemberco Cir 18172 Pemberco Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-17 40 157-492-18 41 157-492-19 Marvin J Josephson Avis L Ryan Philip D Nuckles 18162 Pemberco Cir 18152 Pemberco Cir 18151 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-20 43 157-492-21 44 157-492-22 45- Elsa I Perez Robert B & Judy Culhane Don J La Penna 18171 Lisa Ln 18181 Lisa Ln 183.91 Lisa Ln Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-23 - -- �v1 157-492-24 47 157-492-25 449 George M Bello Ann Popek Martha M Herela 18211 Lisa Ln 8181 Kiner Ave 8161 Kiner Ave Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157- - 157-492-27 5D 157-492-28 J�f 5h R f✓ Russel R Jakob Clifford C Murphy 15 Ki 216 Newport Ave 8131 Kiner Ave Huntin on Beach 92646 Long Beach CA 90803 Huntington Beach 92646 157-492-29 . " 5-- 157-492-30 �3 157-492-31 �¢ Sue Zawasky Donald R Duncan Judith A Giocondo 8121 Kiner Ave 1 20952 Morningside Dr 8101 Kiner Ave Huntington Beach 92646 Trabuco Canyon CA 92679 Huntington Beach 92646 157-492-32 55- 157-493-01 5-41 157-493-02 57 Dennis M Kroll Esmaeil Daghigh fo. cLmch Daghigh 1731 Amherst Rd 18232 Beach Blvd 18222 Beach Blvd Tustin CA 92780 Huntington Beach 92648 Huntington Beach 92648 157-493-03 Jr$ 4Hi 9 - �✓ � 157-493-05 . 60 A-thur R De Groot a Israel Mejia 10072 Overhill Dr B a 18182 Beach Blvd Santa Ana CA 92705 n 92648 Huntington Beach 92648 157-384-20 3�l 157-384-21 `3�'� 157-481-03 3 Steven Brereton Kenneth E CheshireRichard Bukowski 213 E 21st St 32422 Nautilus Way 380 Rancho Del Ray Costa Mesa CA 92627 San Juan Capistra 92675 Escondido CA 92025 157-481-04 157-48 -05 `�`� ✓ 5 157-481-06 Mary T Bottari L an N Lynn Nguyen June R Pressel 18062 Beach Blvd 101 Bo Ave A204 1393 Scotch Cir Huntington Beach 92648 Westri ster CA 92683 Placentia ,CA 92870 157•-48I-07 7 157-481-08 _ r 8 - 157-491-01 9 Tien & A Chao School Ocean view Dist Linda C Hulings 18112 Beach Blvd. 17021 Beach Blvd 8011 Sterling Ave Huntington Beach 92648 Huntington'Beach 92647 Huntington Beach 92646 157-491-02 --- — Jl1 157-491-03 l� 1 7-4 -04,/✓" ��• %- Steven M Crouch Betty Senvardarli Mi hael & Jerry Nelson 8021 Sterling Ave PO Box 1994 PO x 7 Huntington Beach 92646 Huntington Beach 92647 Hunti ton Beach 92648 157-491-05 `�3 15 _9 06 /,/ 157-491-07 /5 Tien & A Chao L Esther Malane 18112 Beach Blvd r 1 8101 Sterling Ave Huntington Beach 92648 H ngton B c 646 Huntington Beach 92646 157-491-08 �,/ 4� 157-491-09 /7 157-491-10 �$ \haD Pier Bobby R Allen Arthur J Hawley rlgAve 8121 Sterling Ave 8131 Sterling Ave ng on B ach 92646 Huntington Beach 92646 Huntington Beach 92646 157-491-11 157-491-12 C20 157-491-13 .2/ Kevin H Bateson Virginia L Petran Richard J Adams 8141 Sterling Ave 8161 Sterling Ave 8171 Sterling Ave Huntington Beach 92646 Huntington Beach 92646 ._Huntington Beach 92646 157- 1-14 . :ti 157-491-15 e23 157-492-01 .' lton Henson L/I Vananh & Tri Duong Jack T Anderson PO ox 2 8201 Sterling Ave 18212 Gleada St Cole le 96107 Huntington Beach 92646 Huntington Beach 92646 157-492-02 .2S 157-492-03 .2(0 157-492-04 -27 Esther R Anderson William J Holm William A Dalenta 18202 Gleada St 18182 Gleada St 18172 Gleada St Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 92646 157-492-05 ,26 157-492-06 ;297 157-492-07 35 Joseph R Catrabone Mary K Stanley Charles A Nemeth 18152 Gleada St 18151 Vallea Cir 18161 Vallea Cir Huntington Beach 92646 Huntington Beach 92646 Huntington Beach 926467 rockway,City Clerk iuntington Beach - of the City Clerk 0. Box 190 _ n Beach, CA 92648 -- W 165-181-34 1�1N61pp Daniel & Patrice Levin muw.,, Bye► 17752 Beach Blvd 105 LEVI7522 926471001 iC97 22 03/29/99 r - FORWARD TIME EXP RTN TO SEND : DANIEL E LEVIN DDS �S 7891 TALBERT AVE UiO1 HUNTINGTON BEACH CA 92648-1319 T1 LEGAL NOTICE- PUBLIC HEARING rockway,City Clerk Huntington Beach of the City Clerk 0.Box 190 - .. .. n Beach.,CA 92648 Jer e T in Or nt Reside �j1N6TQ,� a 3 6 Spri hurs t Av Huntington ach 926 46.64 1 HUNTINGTON BF ACH s CA LEGAL NOTICE- PUBLIC HEARING ;rockway,City Clerk Huntington Beach of the City Clerk .O. Box 190 - ,n Beach, CA 92648 92646-641 157-393 24� Bernard Fitzpatrick kills tO,r 8435 Idl ild Cir !p"""�►., Be�� Huntingt •n Beach CA 9264� TICE- PUBLIC HEARING • �r�'�.�rr,�?,c, Il,l;;;;i;l;Il,;,l;;fl;Fl;11;l;,;;Ill;l;;il,;;l;1;;11;;;;;l,ll •ockway,City Clerk luntington Beach )f the City Clerk 0. Box 190 i Beach,CA 92648 l/(!, fog _.:.. ::._;: :-�-,:��_._ •:r��::�►..-_.�;�; ',� ��i�• � ray ._._ I � ho -3 0 :TINE 183 0 R Bert zek �-W un ingt n Be Cir ach 92646 ►NTI LEGAL NOTICE- PU �=e.`.,4.� �,����` ;"� ���?3•r���.�v II;I;;;;I;I�ii,,;i;;I1,,l;Il,r;e;;lll;l;;Il,t;l;I,;Ii,;;;;I;II mckway,City Clerk iuntington Beach _- of the City Clerk = _ 0. Box 190 - n Beach,CA 92648 /✓r \ �jIN6TQ 157- 1-07V -w rencio villal� B 92co� `-�''• �� 8 0 71 Taylor Dr y 6 Huntington Beach 9 LEGAL NOTICE- PUBLIC HEARING J '3 G�4� �.����0 fir`'-�7+`7-a' � Z��-1 �1{IilfllFlllilitllli lil�ill!!i!lIIlllfillllSllll Fll1111t71311 ockway,City Clerk luntington Beach ;)f the City Clerk =-- 0. Box 190 Beach,CA 92648 TO ss ,1) ` \ \✓ ��9 15 -49 -25 Ov L & -Betsy Pierce Kiner Ave 1TIN6Tp H ington Beach 92646 YN #Ap;t, ,�I PUBLIC HEARINGjjj j J jjj7 lillilillllliliiilllliiiIFll!!!!llilllfllIlllilllldhillilill xkway,City Clerk untington Beachwe . !f the City Clerk _. I Box 190 i Beach,CA 92648 r Nt' HLi ► . .92646- W122 T f 1v(3 157- 9 -20. N iIM6t Mary ench BC� CA ww.�p+'B� 8462 le '1d CirJ Huntington each CA 92646 j 1 ✓ LEGAL NOTICE- PUBLd 3G��� �}3Z� ��.r�-�^ti���-�-_i�tJ �II�I,fl13-iF�lllElli��ll�i�l!!iilll�lillil�!!!IllitilS!!tl1l�I- rockway,City Clerk Huntington Beach of the City Clerk 6. Box 190 n Beach,CA 92648 1 �f 1 15 -393-10 �73 V- ohn St Denis ►jIM6Tpr 8401 Sunbeam r Huntington se 92 46 LEGAL E- PUBLIC HEARING t ) - ,;;�2=� ����� �����.������ Iliili:tll11llE:l1l,i�lti:tii,ii!lillll„llllilEll,ill,l:l1111 rockway,City Clerk luntington Beach of the City Clerk .0. Box 190 ;n Beach, CA 92648 rfloo" Ms. Kare Pier 8 111 Storli Huntingto Bea CA 92646 o4A W 926 ,&r.VA o4ro.r Kare I I St rl t i in ingto Pier Bea CA 92646 TICE- PUBLIC HEARING cup o .ter .11.11illil Ifilill! V:� 1f 11 fill If llfl!llli!i Ill III rockwaY,City Clerk luntington Beach of the City Clerk 0. Box 190 n Beach,CA 92648 M 711 Vi School view tp 3119 Or ent R, s I-dw.a L3 I "26 '/V'52 Lisa Ln Huntington t B untington Beach 92646 Hu lk�C/Y 7- LEGAL-, ICE PUBLIC HEARING ma S1-s'_N'jx/v %�rj ,-ockway,City Clerk iuntington Beach of the City Clerk , O. Box 190 = - - n Beach,CA 92648 f 157-3 6 18 Mich A Rademak� XIM6Tpp, � Hu71 e Conte Dr �T�^, 5�6, ��. ngton Beach 92645''��T 0 4r �,.•'�`��� �F E T U R N ��r- "` _�— �V�' �✓ { E T i;?N ._... LEGAL IOT -tPl � AFA __- _��•�/ a�.=�ca {{s{isstit{tl{sss{ts{{stisi{ssssttlilt{sst�sss{s{;s{{sstst{t{{ �. rockway,City Clerk iuntington Beach _ of the City Clerk O. Box 190 n Beach,CA 92648 Ca 4 157-3,84-19 $ John" R & Robin Feeney ►�IM6Tp+, 84'02 Talbert Ave Huntington Beach 92646 11V9'P646 LEGAL NtIYI' ;:PGBL11.I ING t - '3'G4` s,u•�r�i0s:: s � ' ca {{s{;sss{s{s{{sts{ss{Its{s{{ssss:{�{�{ss{ssss{s{ss{{ssss{;f{ f rockway,City Clerk Huntington Beach -of the City Clerk .O. Box 190 n _ n Beach, CA 92648 A r'I ► I57-382-I O n�n1 Locks St 832I en agic Cir H 46 ,e2 qCy c LEGAL NOTICE- POODC MI1AAIl4 :-_--._. till tiltlil:Illilli,ll„li III liti,lllil„Ili:ilil„l( �t,,,,l:lf 3-ckway,City Clerk untington Beach - .f the City Clerk - = ). Box 190 -_ - Beach,CA 92648 - - 9 H 2646-641 1I� G Tn 157-394- 1 N CH CA 'INS J. Rich r Williams (� � 8412 S e Cir _ ,'• ��� Hunti ton B ach CA 926- + j -- lTr - ; ri -- LEGAL NO-Ad". "P`� � EARlN t till i„i!,!,lli„I,:II„l,11i.i rockway,City Clerk - iuntington Beach - of the City Clerk - O. Box 190 _ n Beach,CA 92648 "Frank & Carole Ruiz ►TIM6Tp ` Or Current Resident 8302 Talbert* Ave�� j' Huntington Beach 92646-641 CA YirTr �r' LEGAL NOTICE- PUBLIC HEARING rockway,City Clerk Huntington Beach of the City Clerk O. Box 190 n Beach,CA 92648 Huntington Associates !9 Or Current Resident 17822 Beach Blvd ►TIM6Ip� �• Huntington Beach 92647 �NTr LEGAL I�Tl E : , !M HEM NG 4r;4h�3r'�� `W S. -a f:3'.r 1s L' Z)J rockway,City Clerk Huntington Beach = _of the City Clerk - 0. Box 190 i Beach,CA 92648 itN6Tp� 159-271-70 105 t ,.�.,. Tatarian, Sarkis o� 18121 Beach 131vd CAJ Huntington Beach CA 92648 TICE- PUBLIC HEARING - - .L-� •,�� �a A���Q �%'_.•��/r..�l'3ra (I4(fttt(t(t((ttlltiil!!(;(l!!!ttt((1!(tt(tltt(!(tl(I4tttffl(1 mckway,City Clerk -luntington Beach of the City Clerk - O. Box 190 n Beach,CA 92648 - � 157-392-43 `J Townhomes Homeowners Ass P.O. Box 1674 Santa Ana CA 92702 QIN6Tpp, � • FRETURN id " "--`~LL AL NOTICE- PUBLIC HEARING 32?��L {�\�Z Q •�;_•_.C�.�,/��1'�r� (I!j44itlilEl(tit(kll�tfl!I�1lt!!1({i!f!illlftllfiF(�!tllfl!11 Ms Evelyn C Snow ; J � 18655 W Bernardo Dr _ San Diego,CA 92127-3003 1 — .. cam` _ 1+8 57 392-31 Evelyn C Snow l 18655 W Bernardo Dr 223 VJ) San Diego CA 92127 .. s yap -i� 9'3 HEARING ,,,,ll:i,:,hill,::ll,l ckway,City Clerk intington Beach the City Clerk Box 190 Beach,CA 92648 _ tNOT - 157-392-44H Springhurst Townhomes PO Box 1674 IN6�p , Santa Ana CA 92702 dLEGQG HEAR1 !L r% `i0T ft, ';gN " Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 % -c./\J ' IN6tp', n" MAP ��,� f7 a (/V PAY' / 83Y7 8' I �i - - . � .. 9 F R Y L. ►�o R E ;'t L NOTICE- PUBLIC HEARING y:1-„ �_„_a�. �.�.,s�..;<:_. •��'A'*'WhC3 L 43c, i t,l::::l:l:l l:::l::l l:,l::::l l i I:I::I I::I:11::::::111:1::fit::1:1,:11:::1:1::1 hi Connie Brockway,City Clerk 1l Y A-L �'' City of Huntington Beach I q Office of the City Clerk �5 L J P.O. Box 1901� � Huntington Beach,CA 92 AP# 165-181-19 QC�.UPANT 11N6Tpr 7811 t,4 ei`t�ve.,Unit#45 == ! Huntington Beach,CA 92648 c�NTV LEGAL NOTICE- PUBLIC HEARING 3eSINek cA%.t,la Connie Brock�ay, City Clerk City of Huntington Beach office of the City Clerk P.O. Box 190 u) J Huntington Beach, CA 92648 +�\ �1 1 0 Roman Catholic O Bishop O r Current Resident I /" 17952 Beach Blvd �yo11SING yCOS / 1 Huntington Bea ch 92647 i ro114r 4p, -= s "IM0 i ycF ;o;.•� �oQ �OUNYr cP`\ LEGAL NOTICE.- PUBLIC HEARING ,I11,1 oil,,,1,If I,I„►1„I,II,,,,, 1#111„1 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 o \ UA VA rn 165-181-35 123 �. Robertson,Wendy L l y c/o RHE Investments:Inc. / 18177 Beach Blvd.#326 0 yt) 1 / Huntington Beach,CA 92648 ` }} o I NGToy�F ca LEGAL NOTICE=; ;UBLIC HEARING - gts�►�t►�r1��6�:�a Ii,I,,,,i,i,il:„I„II„i,ii„,,,,Ili,i„li,,,l,i„ii,,,,,i,il , . •A QUARTERLY PUBLI(ATION FOR ACTIVE MEMBERS OF THE UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION WINTER 199 . � vF WAL 0 0 �t 1, n ro art J �a En E A SPECIAL; EDITION. FROM __ - e - r � . lul� h § N WITH INTERNATIONAL PRESIDENT DOUG DORITY you've probably B �9a1- 1ma gnou0no 119@ ■ When Wal-Mart comes into our ynow you noticed that the UFCW busin®�-cai`3©env neighborhoods, it comes with low magazine has a new name, 5%V UrA rnagnbem wages and shameful benefits. Working America, and a new aJg,os9 pnrr look. The time was right to wavd%e uuy shoulW�; Cava sbou�,? ■ That's the threat we face,because make a change,not because whe Tdall-I VIER doag? Wal-Mart is coming to take our UFCW Action wasp tgood. Just a few months ago,the jobs,lower our wages,and International Labor i I-Mart isn't just any company. destroy our health and pension Communications Association I y gest employer in the U.S., benefits—and that's why we care. awarded Action several top ith}"' s of dollars to throw into its j labor journalism honors. ! j It was time for a change I a emp,.o akeover the supermarket ■ We all know new grocery stores ! because the UFCWis North i business—which means taking busi- don't create more demand for food. America's leading private sec- ness from our union employers. There are only so many people,who for union with over 1.4 million I eat only so much. So the more members. In part,our strength grocery business Wal-Mart comes from a willingness to adapt innovate,and change with the times. I Working America is i designed to keep up with the �\ changing makeup of our UFCW j membership and workplaces. j You'll receive a copy four times ' �ocnL T a year,and in each issue,the UFCW will zero in on the most I i important issues we face in the workplace,the economy,the ! t political arena,and at the bar- `='y gaining table.Working America will be the UFCW's blueprint to I j grow even more powerful so g that,together,we can take the initiative to make a better life f not only for our families,but for i :3 all working men and women. i President Dontylcenter►--ioined by AFL-CIO President John Sweeney and Secretary- Treasurer Joe Hansen(both on Doritys rightHeads a sea of 2,000 yellow-clad marchers to Y i Wal-Mart headquarters to protest the opening of the company's new Neighborhood Markets that will undercut traditional,unionized grocery stores. WORKING AMERICA -'' takes from umonemployers,-theAal-Mart moves into aneigh- health insurance.That raises medical U , more employment standards in iving standards drop for the costs for everybody,and threatens the industry wdl fall nity.Wall-Mart's low your health insurance coverage. Pj - wages and substandard heahh ■ If it takes dust 20.percent.of plan end up hurting every hard- ■ Many Wal-Mart employees,both the grocery business from union working American,including full and part time,qualify for public competitors, our wages would UFCW members regardless of assistance programs,which also come drop on average 50 cents an whether they work in the super- out of our tax dollars. hour—and that's only the tip of market industry. the Wal-Mart threat to UFCW ■ When working people have to retail supermarket employees. ■ Most of its employees can't pick up the bills for a company afford Wal-Mart's health plan.So a like Wal-Mart,entire communities half billion dollars of Wal-Marys feel the economic pinch.The local about UFCW members medical costs get paid by economy gets drained and the tax th ustries.Will Wal- responsible employers and tax- base shrinks.Eventually,community If,, Neighborhood payers who foot the bill for the 60 services from public safety to school them in jeopardy7 percent of.Wal-Mart employees funding begin to suffer. going without company-provided ................. ° HERE'S WHAT YOU CAN DO TO STOP WAL-MART ✓ Begin by being good neighbors,by pledging—and getting our,friends and neighbors to promise— to use our voice, our vote,and our shopping dollars only to support responsible supermarket employers who pay good wages and provide adequate health and'pension benefits.to their workers. ✓ Wal=Mart might have the money,but we_have the-people UFCW has 1.4 million members.Spread the _ message to families.and friends and we'can`become over 5 million strong ✓ Stop Wal-Martby keeping our'consumer dollars out of its stores ,y - T _ ✓ Tear out=the attached-Good Neighbor Plodge Card.Complete=and mail it today.. = s= _ - (See back cover-=for further detail s=on what you can do to say"No"to Wal-Mart.) TABLE 0 OINITIEINITIS Up Front: O&A with President Dority 0 4 Key Words: "Wal-Mart, Not In My Neighborhood" 0 Just the Facts f 0 0 Turning Back the Clock on Women Workers UFCW Kicks Off Good Neighbor Campaign BD Chat Room: The Buzz/Hard Copy LiU « DQ _ States Investigate Wal-Mart's "Buy America" Program JI Letters: Members Speak OutXll ;X UFCW United Food and Commercial Workers - - --- - ;t (40 ' Internatlonal Union,AFL-CIO,CLC 1775 K Street,NW,Washington,D.C.20006-1598 International Executive Committee v Douglas H.Dority:International President Joseph T.Hansen:International Secretary-Treasurer Carl C.Huber:Executive Vice President 16 W.Gary Sauter:Executive Vice President Sarah Palmer Amos:Executive Vice President International Vice Presidents Jack L.Loveall,Robert A.Petronella,John C.Sperry,J.Patrick Finn,Ricardo F.Icaza,Bernard I Christophe,Patricia Scarcelli,Willie L.Baker,Jr.,Beth Shulman,Nickolas Abondolo,Ronald E. Powell,Gary R.Nebeker,Dwayne Carman,Ronald L.Preston,Ronald N.Zwieg,Thomas Kukovica, { Michael J.Fraser,John Rodriguez,Wendell W.Young,III,Frank Bail,Henry Jenkins,Emanuel Laub, Robin McArthur,Sean Harrigan,David W.Gelios,Robert G. Potter,Jack C.Wurm,Jr., Rosemary Reed Geddes,Marvin R.Hrubes,James B.Jerele,David Johnson,Frangois Lauzon, Henry L. Martin, Frank Meehan, Robert V. Morand, Stuart Appelbaum,Anthony M. Perrone, George J.Orlando,Robert H.Vaughn,Frank D.Martino,Michael E.Leonard,Mary Finger,William H.Danio,C.James Lowthers,Janet Boyd,William T.McDonough,James M.Altom,Charlie Hall, Sr.,George Saleeby,Susan L.Phillips. Working America(ISSN 0195-0363)is published quarterly by the United Food and Commercial - Workers International Union,1775 K Street,NW,Washington,D.C.20006-1598.Subscription rate " =' Is$5 per year.Periodicals postage paid at Washington,D.C.POSTMASTER:Send address changes to Working America,United Food and Commercial Workers International Union,1775 K Street, _ NW,Washington,D.C.20006-1598.Web site:www.ufcw.org.©UFCW,1998.All rights reserved. Editor:Douglas H.Dority Editorial Staff:Greg Denier,Yvonne J.Syphax,Lori L.Richards,Jim Papian i • WORKING AMERICA .' i% This special issue of Working America is all about Wal-Mart because it's a company that rakes in billions each year by paying workers low wages, exporting American jobs to overseas sweatshops, and not providing adequate health coverage to employees and their families.With sales revenues of more than $100 billion, Wal-Mart has the financial muscle to spread its low-road employment practices throughout the U.S. economy, especially in UFCW represented industries. The mega-retailer recently opened four traditional grocery stores in a move to make the U.S. supermarket industry its next conquest. This threatens all UFCW members and working families across America because the bottom line on Wal-Mart is that it destroys jobs, devours local businesses, shrinks tax bases, and lowers community living standards. Everybody—from health care workers to warehouse employees to garment s and textile workers to insurance agents to food processing workers to supermarket clerks—feels the pinch when Wal-Mart moves its low-pay and shameful health care plan into the neighborhood. It's a company that turns good jobs into bad jobs, takes medically insured workers and puts them into the ranks of the uninsured, and takes taxpaying workers and their families and turns them into welfare-eligible families, supported by taxpayers. The more Wal-Mart spreads into our communities, the more UFCW members will see their wages and health benefits threatened. It's time for all American workers to stand up to the greed of this corporate giant which is lowering living standards across America. It can be stopped, and UFCW members can lead the way. We can begin by signing a Good Neighbor Pledge card, letting Wal-Mart know, loud and clear,they're not welcome in our neighborhoods. FOOD C��D�G� � OG3 paC�DC�C� C�LaC°�D �,a� RNb°° I will use my voice,my vote and my consumer dollars to promote good jobs with living wages and family health benefits for my community. I pledge to buy my groceries at supermarkets that support these community values with fair pay and affordable health benefits for workers. I will NOT buy groceries from Wal-Mart or other stores that destroy existing jobs,pay poverty-level wages and do not provide employees with adequate health benefits. I am a good neighbor. My shopping dollars will go to responsible supermarkets that support my community. I I I I I I I I J U I I I I I I I I I I I I First Name(PLEASE BLOCK PRINT) MI Last Name I I I I I I I I I I I I I I I I I I I I I I I I I Street Address I I I I I I I I I I I I I I I I I I I I I I I I I City State ZIP Code Telephone I I I I I I I I I I I I I I I I I I I I I I I E-mail(if you'd like more information on Wal-Mart) i ----------------------------------------------- PLACE i STAMP HERE UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION ATTN:UFCW GOOD NEIGHBOR CAMPAIGN 1775 K STREET,NW WASHINGTON DC 20006-1598 ® 3 01 !�7 mn �!7ec Wal-Man. NOT ffi My Neighborhood .J C A[B©rr Hoop—Loc.A[,400 •"t .^. Bova BRUCE—Lom 409G What a demonstration!Our march LOCAL I went to the"Not in My on Wal-Mart is the largest demon- 4000�oc = Neighborhood"rally at Wal-Mart stratlon I've ever participated in. WAS"��� headquarters because Wal-Mart I was glad I was able to go to workers deserve to get paid fair- Bentonville because it's important ly for what they do.Without a that we tell Wal-Mart that we're union,Wal-Mart workers have no not going to put up with their , * = say in the workplace.With a union, trying to startup a lot of nonunion ° f- everything gets negotiated from paid 1 grocery stores—and take away su. holidays to overtime pay and every- good union jobs. "' • " ' '" thing in between. believe our message got I'm sure Wal-Mart got the mes- through.While we were marching sage,but I hope the people who work through town,which is Wal-Mart's home base and mostly controlled by for Wal-Mart got a message too. x a_ Wal-Mart,lots of people honked their Because they need to know what rns to support us. a union can do for them,like ho improve their jobs,benefits,and most important,their pay. / At the rally in Kansas City Ua' We,don t£want� �� I signed a[Good Neighbor]pledge Wal-Mart grocery card.And if Local 400 needs me to stores in Los Angeles. help get more cards signed by my We dont wantour. neighbors or coworkers, I'll be glad st ndard of living low to help with that and anything else to Bred and Chats what # help stop Wal-Mart. _1 f WOa�dha ell a In —Hood,a textile worker,has worked for pp; p y g I also went to Bentonville,Ark.to Dan th River,Inc.in Danville,Va.for 11 years.eir low wages # �riF tell Wal-Mart that American workers 4 He is a warehouseman,the Chief Steward,1c are losing their jobs in the clothing Steve Nh o and also serves as a vice president on lson�Hollywood, `Cal f Local 7r70 (Continued on page 6) = Landover,Md.Local 400 Executive Board. Y "wo h ; D (Continued from page 5) industry because so much F. - health and pension benefits. sewing is being done off- Basically,Wal-Mart is coming shore.If Wal-Mart was true after our jobs. But it's not just us to its word and actually who work in supermarkets who will bought American products, AL O g feel the brunt of Wal-Mart coming instead of contracting with into the grocery business. Our com- offshore companies,that munities depend on our consumer would be a boon for the cloth- dollars and taxes to keep our local ing industry and American economies strong. Community ser- workers.But,as it is,Wal- vices, like police and fire protection, Mart goes offshore for most go down when low-wage employers Dan Local 324 of their shirts and jeans and Buena move into a locality.The tax rev- that's destroying American jobs. Day 324 enues just aren't there with low- -Bruce works as a collar setter at Wal-Mart is an enormous threat wage employers. King Louie,Inc.in Baxter Springs,Kan., to everybody in the supermarket We need to let shoppers and is President of Baxter Springs,Kan. industry,that's why I traveled from everywhere know that they Loca1409G California to the rally in Bentonville, should spend their money in m __ ___ Ark.We have the world's best super- supermarkets were workers get ade an jmpres- markets,and now Wal-Mart wants a fair wage and good benefits. to come in and ruin the livelihoods of —Kittredge is a cashier at and a i sive statement-at the � e i everybody working in the industry 19-year member of Buena Park,Calif."Not in My Neighbor- with their low wages and substan- Local324 hood" rally that we're lard medical.They should just stay inot oin e=toIldown out.Wal-Mart moving into the gro- and let Wal Mart run ce business brings nothing new or // - ry g g If Wal-Mart wants roughshod over-our j good to the table. to be the leader in profit, ! members Thls is not If Wal-Mart takes business from let them be the leader m our union employers,they'll begin to i only a union issue this is ; wages as well.// // demand wage and benefit conces- a people issue. Bruce Meyers,Utica,N.Y. sions during negotiations,saying Y Rebecca'Berroyer,President Local One Columbus,Ohio Local 1059 they can't compete with a company i that pays low wages and inadequate - -^ - • WORKING AMERICA WaImMarte, When Lance Hindman thinks "Cracks You-Down" about his working days at Wal- -When asked about Mart,he tries to remember the friend- health benefits,he says, ships he had with his coworkers."They 'Wal-Mart gets a chunk a "" were friendly,good people,"he says. of change from you com- The rest of his memories as a in 'Hindman L=• `" three-year Wal-Mart employee 9 and going."9: x r explains that you either pay a f f aren't so pleasant Hindman,a meat large deductible for your doc- F cutter for Kroger in Greenbrier,Ark.andJ. for visits or they take more _ member of Little Rock Local 2008,says out of your wages for the a that at Wal-Mart there's constant stress insurance.Hindman has , {` about sales.The atmosphere is full one word for the Wal- of pressure,he says."If your work Former Wal-Mart worker Lance Mart benefit factor."lousy."After was caught up and you were talking to three years at Wal-Mart,he says he still Hindman,now a member of Little Rock, other guys in the backroom,a manager Ark.Local 2008 and Kroger meatcutter, hadn't qualified for pension benefits. says there's only one word for the bene- wouldcrack you down and say you Another thing about Wal-Mart, fit factor at Wal-Mart"Lousy." needed to be cutting meat." Hindman says,"I'd never want to move As an experienced meatcutter, up in that company."What they want It's a different story working Hindman started out earning$8 an are yes men,not problem solvers. for a union employer."It's a lot hour at Wal-Mart.His wages at Kroger, Their managers turnover a lot,and the g more fun to show up for work," after only four months on the job,he says,are equal to what some man ones I had didn't really know the meat Hindman says."Everybody takes agers make at Wal-Mart. business,he says.So I never had any care of business,working together." confidence in them. "Wal-Mart going into the grocery business will hurt our union stores and working people. We went to Wal-Mart headquarters because we wanted to let everybody know that the people who work at Wal-Mart don't have the insurance or wages to make it in today's economy. The rally was an historical experience, and we're not finished yet. I've taken the message to my co- workers at Kroger and to my church. We need to keep spreading the word to friends and neighbors that Wal-Mart hurts working people.�� Elaine Jones,Little Rock,Ark.Local 2008 lima 1111MI WAL NIART IS A . NEIGHB /*"� FACT #1 working as much as 40 hours per consumers with inaccurate price LOW-ROAD PRACTICES week are eligible,in some states,for comparison ads,according to a WAL-MART is a retail giant and publicly-funded cash assistance. recent book critical of Wal-Mart. threatens workers'wages, ■ Last fall,a federal judge ruled benefits,and industry standards. there is"convincing evidence"that ■ If Wal-Mart takes over the U.S. Wal-Mart sells counterfeit grocery business,it would employ Tommy Hilfiger products and nearly one million workers and spread ordered the removal of all Hilfiger its low-road employment practices items.from its shelves. e throughout the supermarket'industry. o =■ If only 20 percent of -FACT #3LOUSY HEALTH grocery shoppers shift to BENEFITS Wal-Mart,the wages of UFCW Wal-Mart's inadequate health retail grocery members could drop FACT. benefits leave most workers .. 50 cents an hour. CONS: RIP OFFS uncovered. x ■ Most Wal-Mart employees;both Wal-M atd products full and part time,working year=round nulsleadgconsumers. ■ Restrictive eligibility require- d ments,huge employee co-pays, uali for fe eral =funded food' g y and big deductibles keep partici- � .q_ fY T � nvesti a ron b the Better. stamps—paid forty taxpayers.x - Business Bureaus=net naldvertis=-_ {F � , pation in Wal-Mart's health plan to �. ■_ Because of Wal-MaA low mgnre�iew panel found Wal-Mart. _ 38 percent of employees. ':wages,even those employees in.violation of a eptable adver--- f using practices for misleadmga �R _. a • • WORK3NG AMERICA� Nationally, more than 60 percent of of UFCW members working in ■ Wal-Mart freely acknowl- workers are covered by company- retail grocery are covered by edges shifting its health care paid health plans. Eighty percent employer plans. costs to taxpayers and responsible ■ Wal-Mart workers pay employers.A company spokesman Percentage of Workers close to half of Wall-Marts said,`(Wal-Mart employees]who Covered by Employer costs of health benefits— choose not to participate[in Wal- nearlydouble the national Mart's health plan]usually get their Health Insurance health-care benefits from a spouse average for all companies. s0% Almost all UFCW retail mem- or the state or federal government." 70% In other words,6 of every 10 Wal- bers have fully-paid,employ- 60% a%paid health insurance. Mart workers who can't afford Wal- 50% Mart's ridiculously expensive health a0% FACT #4 coverage are forced to turn to gov- 30% :' BURDENS ernment medical assistance pro- zo% TAXPAYERS grams—paid by taxpayer dol- 10% Wal-Mart shifts employee lars—or find coverage under a 0% costs to taxpayers. spouse's plan provided by a • responsible employer. Wal-Mart National UFCW Average Retail _4 �_A-- t Employee Health Insurance ,: Premium Burden HOW BIG IS WAL-MART? 50%­ ■ Wal-Mart is the largest private sector employer in the United States 9 p� 40% with 720,000 employees.The retail giant employs another 115,00 work- 30%- - ers around the world. 20% : ' , ■ Wal-Mart is the nation's biggest retail merchandiser with 2,400 discount department stores,544 supercenters,and more than 450 membership club 10%, 0% stores—Sam's Club. 0%, ■ Wal-Mart had sales of$110 billion in 1997.That's more than the GDP of Wal-Mart National UFCW entire countries such as Norway and Denmark. Average Retail ■ Wal-Mart's profits last year—$3.5 billion—were more than its three largest general merchandise competitors and the three largest supermarket chains combined. ms ac oc !Top on WorlHers place where many Wal-Mart women employees have faced xual harassment. It's no wonder that a recent con- ® u�mer buying guide ranks Wal-Mart ast among retailers in terms of equity ' j aid fairness for women. fifty years ago ,, omen While Wal-Mart rakes in bil- lions in profits,six out of ten Wal- were second-clays Mart employees go without compa- C`IIZEnS In,>5- WOny-provided health coverage,and four of those six are women. P -Ce Ell, a Wal-; c?rt, Through its trade association,Wal- Mart opposed health care reform wonen ,ac e'c®n -class that would have guaranteed benefits treatment every day,just to all workers, particularly women retail workers,who outnumber men like they did 50 years ago. two-to-one in general merchandise As the biggest retail merchandiser retail.Also through its trade associa- in the U.S.with over 700,000 employ- tion,Wal-Mart tried to kill the recent ees,Wal-Mart sets the employment minimum wage increase—a direct practices for the entire industry. attack on women,who make up 62 Those practices,like 50 years percent of minimum wage workers. W ago,subject women to low omen workers at Wal-Mart wages,inadequate health and find themselves struggling to make pension benefits,no job security, ends meet in 1999 because they work for a company that treats them like high employee turnover,hostility they're living in the 1940s and 50s. toward unionization,and a work- ® •• WORKING AMERICA IN—- Recent Court Cases Reveal Grim Picture of Sexual Harassment & Discrimination at Wal-Mart Sexual Harassment made lewd comments to her.The jury basis of pregnancy and awarded and the court found that the harass- back pay.The appeals court found IOWA—After being pursued, that evidence of attempts by Wal- touched,and talked to incessantly ment and Wal-Mart's indifference Mart managers to cover up their dis- about sex by her supervisor,a for- rendered the employee's working con- criminatory conduct supports a claim mer Wal-Mart pharmacist was award- ditions intolerable and forced her to of reckless indifference to the ed damages in a 1998 case.The court quit.She was awarded$350,000 in unitive l in 1996. employee's federally protected rights found that there was ample evidence p damages g and that the jury should consider that Wall-mart knew about the Pregnancy Diwnmmatlon punitive damages. pharmacists complaints and failed ARIZONA—Ina 1998 case,a to take appropriate steps to reme- KANSAS—A female employee female employee who decided to was denied a promotion at Wal- do the situation.The female employ- resign from Wal-Mart to go to ee was forced to quit her job in Mart because according to her college became pregnant and had supervisor's testimony"she was preg- response to the emotionally devastat- to return to work.Wal-Mart told her ing harassment. nant."Wal-Mart's motion to dismiss she would not be hired "because of the case was rejected by the court. MISSOURI WaI-Mart managers the conditions of your pregnancy." A jury trial is pending. repeatedly talked to a female A jury found Wal-Mart engaged in employee about her body and intentional discrimination on the Race Discrimination TEXAS—In a 1998 case,a V# 3 jury found that Wal-Mart CMW WHIS ML-MART TO pa ONMN fired a white female em- On Jan.19, 1999 a Kentucky court entered a$20 million judgment against W 1 dart trtr;. ployee because she was dat- wrongfully-firing four store clerks for eating candy and Puts from damagi p kagesi Tate jury �� ing a black man and awarded her found Wal-Mart guilty of intentionally inflicting emotional distress,slarrd r,and is anion of punitive damages. .x privacy and awarded each worker$5 million_The workers were baerated;and reducedtb tears Religious Discrimination during accusatory interviews,then marched through the stare,past oustomars and co-work INDIANA—A jury and the court ers,and escorted out the front door. found that Wal-Mart terminated a Evidence presented at the three-day trial indicated that 90 pereent otf the employees at female employee because of her .ris Wal-Mart store,including managers,had also consumed tfe same finds of religious beliefs in a 1997 case_ s.. damaged snacks.Wal-Mart management claimed they did nothing wrong,' - -but simply followed company polio that bars employees from con- suming food in damaged packing. The verdict came after less than two hours of deliberation: .rf T #t Kelcks f 00d Ne or Rv • "The true legacy wM Michael 0` Ca ai n of Wal-Mart isn't lower prices. The true legacy of Wal-Mart is lower living standards for hard working Americans."He told the marchers that The fight can be From as far away as the Pacific "Wal-Mart has dishonored our flag islands of Hawaii to the Atlantic and deceived consumers with its Won. Neighbor to seaboard states,2,000 UFCW mem- phony"Buy America"program;has neighbor. Worker bers poured into Bentonville,Ark. like destroyed more small businesses and to worker. Wal-Mart rays of sunlight,wearing bright yellow more small towns than any company has the money. But ponchos,to put Wal-Mart on notice in America;and has exported more We've got the people. that UFCW members would not allow manufacturing jobs to sweatshops it to destroy their jobs,families,and across the world than any company So, let's say it together: communities,or to takeover the super- in America." Wal-Mart, Not In My market industry without a fight. The marchers also heard from sev- Neighborhood. The chant,"Wal-Mart,Not in My eral speakers from religious,labor,and Neighborhood,"could be heard from community groups- -providing encour- On December 2, 1998,these several blocks away as the mile-long agement and promising to support the words by UFCW President stretch of marchers stopped traffic as fight to stop Wal-Mart.The marchers Doug Dority became the it wound through the streets of roared their approval when AFL-CIO rallying cry for one of the largest Bentonville,before passing Wal-Mart President John Sweeney declared, demonstrations ever held by headquarters and arriving at the town "I will urge all AFL-CIO credit unions to the UFCW. square for a lively rally. stop distributing"Sam's Club"cards... Dority kicked off the rally,saying, all union joint employer benefit funds WORKING AMERICA `1 - 'ti •.-< .�� - LOCAL -. -- _� =. a� rycwmonbe�s 48 � r Confront Waiv-Mad Challenge y i a rn r. ,O O h'EIGH6 a to stop March Rallies using Wal-Mart phar- Blast Wal-Mart's macies...all union members and More than 500 UFCW members and sup- Takeover Tactics porters shout,"Wal-Mart is a bad neigh- all working Americans to take the bor,during the St Louis pre-march rally." 'Good Neighbor'pledge." Three e blitz of Wal-Mart began with Marchers were gripped by the pre-march rallies held in St. Dority told rally partici- moving testimonials of two former Louis,Kansas City,and Little Rock.In pants that Wal-Mart opened Wal-Mart workers who told of the each city,machinists,Teamsters,com- four traditional supermarkets pain and hardship Wal-Mart caused munications and electrical workers and in Arkansas under the name when it denied medical claims,took other labor activists,as well as commu- "Wal-Mart Neighborhood Market" their jobs from them,and forced their nity-based groups,civil rights organiza- to test its new format that would families onto the welfare rolls. tions,and religious groups raised their challenge and ultimately takeover In closing, Dority praised the voices in support of the UFCW cam- traditional supermarkets. marchers for their commitment to paign to stop Wal-Mart. stopping Wal-Mart and urged them to i Buses Journey to "continue the Good Neighbor cam- ! Bentonville... (Continued on page 14) cam- paign back home." � � Blitz of Wal-Mart I - .............................. Begins UFCW riders agree Wal- '•. .....°"'°'"""""'. Mart uses low wages and cut-throat pricing to beat out competitors. b d Y ' Marchers Converge On e WaImMart"s Headquarters Y (Continued from page 13) 'o f o 1 O Executive VP Sarah PalmerAmos, k: who also serves as Executive Assistant to the President,(above) leads marchers in a rousing chant while members of Camarillo,Calif. r°i: Local 1036(far left)and s� f Indianapolis,Ind.Local 700 march toward the town square rally site. p..................................................... o Marchers Chant Stop Wal-Mart, Take The Good aMeo'�M l Neighbor Pledge UFCW Members draw national attention to Wal-Marts low-road employment practices, - —_ sweatshop products,and phony advertising ' Oe..00OOe schemes with a two-hour march and spirited rally. Vcc 0 O f %i d , _ W GOOD O .eia^y�W^�M.A�.aaNra�yryn'�4teap a > I .000eee.eeeeeeoeee coo oo..Doe.Deno o.0000eo.000ee • • WORKING AMERICA > Wal-Mart Tramples Workers' Rights -` f Former Wal-Mart Workers Tell Their Stories: Brandy Quinn told rally partici pants,"After I paid my insurance pre- miums for years on the job,Wal-Mart - denied my medical claims when I was _ off for one week with complications Y - � following the birth of my child.I was b � � fired.. . I had to go from being a tax- , t � U payer to being on welfare." President Dority introduces two former Wal-Mart workers(from left)Carolyn Hunter and Carolyn Hunter noted that"There Brandy Quinn who tell about Wal-MarCs shabby treatment of working mothers. are people who l worked with at Wal. ............................................ Mart who say they wish they could ..Y come out of Wal-Mart—wish they Rally Speakers Expose. had the faith I had to leave a job with nowhere else to work,but have Wal-Mart's `Buy American' enough faith to make it through." Ploy, Low Wages, Lousy T = Health .Benefits o' Rally speakers,including:Diane Davis,NAACP; Al Norman of Sprawl-Busters;Jerry Meszaros,Religion _ &Labor Council of Kansas City;and Rev.Ben Jordan, retired United Methodist Church,pledge support for the •p`' ® '® UFCW"s Good Neighbor campaign. 0 aJ 0 N AFL-CIO President v Sweeney tells Wal- Martto keep out and stay out 1 C H A T 0 0 M News Coverage, Industry Experts Expose Wal-Mart's Tactics "In less than 30 years, "What Wal-Mart is Wal-Mart has redefined retailing in the beginning to do could have a United States. Today, the company's 2,400 devastating impact on neighbor- discount department stores are a major force in hood shopping centers. Every time regional economies, and they've achieved[control]over you move in a bigger supermarket, mom-and-pop stores and mainstream department stores." the smaller guy loses. It's "Wal-Mart has forced countless independent almost a law of nature." retailers to close or turn to selling noncompetitive merchandise. . .it has helped push traditional department stores away from general merchandise and into an area that Wal-Mart doesn't Dean Schwanke, Senior Director for Policy and dominate—brand-named clothing. Practice with the Urban Land Institute in Washington,D.C. Orlando Sentinel, a 12113198 "Wal-Mart may claim the most jobs in West Virginia, but not the best pay or employee benefits. . . . [Wal-Mart] employees are nowhere near those in mining, chemical and steel when it comes to wages, the very essence of consumer buying power." " . . .a crucial question is whether Wal-Mart destroys more jobs than it produces, and likewise whether it puts more independent retailers out of business than it generates trade over the long run." Edward Peeks, Charleston (West Virginia) Gazette • • WORKING AMERICA :..Once they[Wal-Mart] finish testing their ideas traditional grocery stores]in Bentonville,they may decide they're ready to begin competing with grocery-store chains Robin Lanier,Senior Vice President for on their own turf...they'll begin snapping up 'Industry Affairs of the International Mass regional chains and making them over with Retailing Association in Washington,D.C. the Wal-Mart formula." "Caught once again with fake Tommy Hi figer clothing in its stores, Wal-Mart...tried to explain its actions to a federal judge. "[While]Wal-Mart[claims]merchandise buyers aren't supposed to buy fakes and the recent problems were flukes, [the judge said] `They didn't even tell anybody about the injunction.... That is chutzpha if I ever saw it.'Moments later he found Wal-Mart in civil contempt of court. "A few days later...an assistant Wal-Mart store manager in Greenville,N.C. ordered Tommy Hi figer jeans and other designer clothing from a salesman she knew only as `Al.'[The assistant manager]paid$7,192 in cash for 144 pairs of jeans, 100 windsuits, and 100 jersey shirts. "'It is a hard argument for you to persuade me that a company like Wal-Mart cannot control its employees' conduct,'(the judge said],:`Maybe the trouble with your company is that you are not playing the game straight in the sense that you want to say that you are doing all you can, but you are not really doing all you:can. a As reported in the Wall o Street Journal 1128199 0 g HARE) LOWOMP�y Looking behind Wal-Marts smiling face a q Regardless of all the company hype readers a much where child labor is prevalent. g about employees cashing in big,'Wal- grimmer story While there is no end to Mart workers end up workingjust from the one its pep rallies and silly dress up another near-minimum wage job big bucks public days for Wal-Mart employees, " with no-long-term security."That's relations machine their wages and inadequate health the conclusion Bob Ortega reaches in puts out about care coverage leave many of them how Wal-Mart is and their families at or near the pover- his book, In Sam We Trust.' The Untold Story of Sam Walton and the all American company. ty line.One company official tells Ortega leads readers through the Ortega that employees are--scheduled How Wal-Mart is Devouring America. As one former Wal-Mart employ- economics of how devastating Wal= "just like we order merchandise"—in Mart can be on communities.by other words,the workers are treated ee tells Ortega,"...when you're a sin- destroying local businesses and. as e `xpendable economic units. gle parent,with a two-year old son, $6 an hour doesn't get you very far" shrinking tax bases. As for organizing,Ortega cites Ortega,who is a reporter for the He documents a long,disturbing specific cases where Wal-Mart work- Wall Street Journal,traces Wal- trail of how Wal-Mart has shifted ers were threatened;harassed,and apparel production overseas,helping eventually fired,.because they would- Mart's growth into the nation's largest employer.Looking behind the smiling destroy American jobs and contracting n't give up trying to unionize a store. face of the giant retailer,he shows with sweatshop operators in countries- ......,, ; I i K E `j V E r.., Wai-marCsH(9- T uhw(:p 01'ri Supermarkets Seek,destroy,dominate—military Wal-Marys First Attack objectives of an invading army? No, on Supermarkets RANK COMPANY NAME I >f S In 811 one not this time.It's the Wal-Mart plan to The mega retailer's initial foray into Merged with Fred Mayor take over the retail food industry and destroy union jobs. In less than 30 the food business began with its 2 ` Merged t80n American Stores x 888.8 supercenters in the late 1980s. The g ^"-Safeway- `$25.7 years,Wal-Mart has become the Acquisition of Cart-Gottatain,Dominick's o mammoth stores—near) the size --- ° nation's largest retailer. Now,Wal- y 4 Aholdtien of Giant Foods M$18.5 ' Mart seeks to be the number one of four football fields—combine a ket, discount department 6 W1nn-DIx1B $18.2 supermarket,supermarket chain in the country. P 9,store garden center, and auto shop 8 WhI-Mart supsrcontars* $11.s Its mission:destroy competitors . with low-road employment prac- under one roof. The grocery section Publtx $11.2 tices,and then dominate the of a supercenter occupies about a supermarket industry with cut- third of the floor space. 8 " Food uoo ^ $10.2 " throat pricing and low-wage, P 9 9 Today,Wal-Mart has more than 10 H.E.Butt Grocery Co. 88.6 nonunion jobs. 540 such centers and has plans to add "REPRESENTS GROCERY SALES ONLY,TOTAL SALES S BILLION at least one hundred more each year. -_.. Y Soume:UFCW Research Office Calculations from Chain Store Guide 12 When Wall-Mart's traditional ' p, discount stores are converted to 10 supercenters,overall sales vol- - ume more than doubles,accord- mom 8J 8= _ ing to industry analysts. Now as profits from its super- centers continue to soar,Wal-Mart 6T 5 has begun attacking traditional supermarket competitors in order to 4 3. takeover and control the U.S. gro- f cery business. r. 2 t � 0 19021995 1994 1999= 196 1807 Source:Chain Store Guide Information Center • • WORKING AMERICA .................... 111a/41(ol litis the billions to wipe oitt firoin one billion dothirs hi 1992 to Wal-Marys Direct Hit if Wal-mart decides to aggres- on rkaditional Grocers sively roll out the units,it could Less than six months ago,Wal-Mart quickly have 50 to 100 stores opened its Neighborhood Market operating within a year,creating a stores in four Arkansas towns: billion-dollar-plus division for the Bentonville,Sherwood,Springdale, wealthy retail giant. Industry and Fort Smith.A fifth store is sched- observers also note that even greater suburban locations.With its new, profits would be generated if Wal- smaller neighborhood-store format uled to open in Fayetteville,Ark. in Mart decides to acquire and convert that requires a lot less land,Wal- early 1999.The Neighborhood Market existing grocery stores. Mart now can easily takeover. is designed to compete with main- In the past,Wal-Mart's huge established grocery stores locat- stream supermarkets.The 40,000- supercenters were limited primarily.to ed in urban areas as well as in square-foot grocery stores are mod- small towns.The Neighborhood elect after existing U.S.supermarkets Market format will provide unionized in format,size,and product line. Bentonville,Neighborhood S • • grocery retailers, particularly in urban Wal-Mart's Neighborhoodareas,with formidable competition. Market store has 12 checkstands tFoijrry so ronaI grocery Left unchecked,the next chapter in and carries a full line of groceries, 77. including produce, meat,and deli �� � �: : o o Wal-Marfs move into the � (More than retail food industry will be departments with no service coun- 000 ,200,000 . ters,a photo lab,as well as a flo- stosupegarcener, ailre the demise of good paying ral desk and drug-store type union jobs held by tens of thousands of UFCW members. merchandise.There's also a drive- , Club, through pharmacy, but no (More than 450 membership stores, bakery department. 77 60,000-phis square feet,sell bulk goods) The four Neighborhood Discount Rogers, , Market stores could ,,,discount generate as much as ' res $15 million annually, i industry experts pre (First retail store) Size.and Store formall) - dict. In addition, "In 1990,"wholesale"was dropped from the name following a Better Business Bureau lawsuit filed in North Carolina which argued successfully that most of the goods weren't actually being sold for resale. hWal-Maas Launc ed �o ""Buy Arnericm"" Pmqam For more than private-label brand,only five percent a decade,Wal- of these items are made in the U.S. Mart has used a ■ Wal-Mart stocks"product public relations twins."These "twins"are items of strategy that clothing that are identical in every emphasizes a sup- way, except for their country of ori- posed company- gin.This is particularly important in wide commitment light of Wal-Mart's pledge to "buy L to sell products American whenever we can." In made in the U.S. these cases,the products can obvi- 0 This"Buy ously be purchased from domestic American"adver- sources,yet Wal-Mart chooses to Over twenty states have launched tising program makes extensive use of use offshore producers. Items made ongoing investigations into Wal- the American flag in television,print, for pennies in Ell Salvador or the Marrs"Buy American Program' and Internet advertising, in banners Dominican Republic hang on after the UFCW charged last August prominently displayed throughout its Wal-Mart racks next to the that the company's advertising program, stores and on trucks and other compa- exact item made in the U.S.,with which uses the American flag to try to ny vehicles to convince consumers both selling for the same price. convince shoppers that it sells primarily that Wal-Mart sells primarily U.S. The Federal Trade Commission U.S.made products,is false and decep- made products. (FTC)has clearly stated that".. .a tive under federal and state laws. The UFCW/FAST report, Made in the USA claim,must be truth- The UFCW based its charges on however,shows: ful and substantiated." It's obvious a report, Wal-Mart' BuyAmencan ■ Products on Wal-Marrs racks that the ongoing state investigations Program:Using Patriotism to Deceive and shelves are overwhelmingly are looking seriously at the gap the American People,prepared with made offshore,especially apparel between Wal-Mart's"Buy American" the assistance of the Food and Allied products,which represent a significant program and the 80 to 98 percent of Service Trades Department(FAST)of portion of Wal-Mart's sales. the retailer's apparel products that the AFL-CIO which documents Wal- ■ While Wal-Mart uses patriotic the UFCW/FAST report identifies as Mart's deceptive practices. symbols to promote its"Faded Glory" being produced offshore. •• WORKING AMERICA Production Location of pp Surveyed A arel... ...WITH WAL—MARTS"FADED GLORY"BRAND NAME USA 5% other*15% ...SOLD BY WAL—MART BY REGION Latln Am a2 ether*8% - -- USA 20% Asia 48% *Africa,Europe,Middle East Source:FAST Apparel Survey "Faded Glory,"a brand licensed directly to Wal-Mart uses a patriotic theme,evoking images of flag and country.Yet 95% Latin America Y89 of the items found in the survey were made offshore. *Ganda,Europe,Africa,Middle East Source:FAST Apparel Survey Fully 80%of surveyed apparel was found to be produced in 43 different foreign countries. ...WHERE WAL—MART IS THE BUSINESS OF RECORD USA 2% Africa and Nlddie East 14% Latin Amerhoa 4% ...WHERE A DIFFERENT COMPANY Aga�s% IS THE BUSINESS OF RECORD Europe 5%* USA 22% Source:FAST Apparel Survey AB18 88% Where Wal-Mart is listed as the company of record, Other*8% in compliance with the Textile Fiber Products Act, =- responsible for a particular piece of apparel,98%of Latin America 31% the items surveyed were produced offshore. Africa,Europe,Middle East Source:FAST Apparel Survey At least 19 brand names are owned by,licensed to,or assigned to Wal-Mart These can be described as Wal-Mart private labels.For surveyed items with these brands,but identified as another company for the business of record under the Textile Fiber Optics Act,78%were produced offshore. . I 1aE1T: 1T1_E1_R1 MEMBERS SPEA Delegate Gives UFCW In Memory of a Union stalwart Convention High Marks Earlier this month(December 1998),Mr.Sam Meyers First of all I would like to thank you for your vote of confi- passed away at the age of 97.He had spent most of his adult dence in sending me to our 4th UFCW International life in the service of the Retail Clerks International Association Convention.The convention was organized very well and a big (RCIA).At the time of his retirement from active leadership in success.We re-elected Doug Dority as President as his past 1972,he was First Vice President.Then President James T. record is"up and out"standing. Housewright had this to say to Mr.Meyers in an open letter pub- There were many resolutions and proposals to be voted on. lished in the February 1972 issue of the Advocate Magazine. While voting,I kept in mind the theme of the convention: "No one has given more of himself—intellectually,emo- tionally,materially—to our nation.As the RCIAs historian,you "Together—A Voice for the Future." g The first three days of the convention,before the regular will probably understate your own contribution to our history. meeting convened,I took three classes—UFCW Steward Your major contribution has been the giving of yourself,your Programs,Think Before You Speak,and Retail Safety and Heath: experience,your thoughts,your poetry,your philosophy.Just as a Workplace Violence. teacher,you will be remembered for what you instilled in oth- We,here in our snug little corner of the world,sometimes ers—not by what you won for them,but what you led them to forget we have brothers and sisters out there who are struggling win for themselves and other workers.For more than thirty years, to keep their heads above water.The inhuman practices in the virtually every retail clerk associated with you was your student." poultry plants,in the apple orchards,in the strawberry fields,and Paul E.Grayson sweatshops came alive to me when people got up in front of the Silver Spring,Md. delegation and told their stories.A call went out for global soli- (Neighbor and Friend of the late Sam Meyers) darity and continued involvement in political action. AFL-CIO Executive Vice President Linda Chavez-Thompson spoke of"Lifting up America." Making organizing a top priority is not a luxury. It's something we have to do,it's the most important Claim Your Earned Credit A Tax Benefit for People Who Work thing we do."There were many more speakers.The main message You could be eligiblel being,"Get involved and Fight hard for the Future,or we won't Did you work in 1998?You may be eligible for the Earned Income have one worth Living." Credit. If so,you'll owe less in taxes,and you could get cash back. Even if you don't owe income tax,you can get the EIC! Mary Adams •Were you raising one child in your home in 1998?Did your family Safeway#3549,Local 1105 earn less than$26,473?You can get up to$2,271. Seattle, Wash. *Were you raising more than one child in your home in 1998?Did your family earn less than$30,095? You can get up to$3,756. •If you weren't raising a child,did you earn less than$10,030 in 1998? Were you between ages 25 and 64?You can get up to$341. Here's how you get it: •If you were raising children in 1998,file federal tax return Forms 1040 or 1040A,not Form 1040EZ.Be sure to attach Schedule EIC. •If you weren't raising children in 1998,just file any federal tax return. Boost your take-home payl Eligible workers with children can get THE 1999 Advance EIC in their paycheck. Get Form W-5 from your EARNED employer,or call 1-800-TAX-FORM. INCOME Want more information?Want to find out how you can get your tax CREDIT •• WORKING A M E R I C A forms filled out for free? Call the IRS toll-free at 1-800-829-1040. CAMPAIGN Workers' Solidarity Pays Off 0 am one of the shop stewards for Mendocino Coast small M 9 District Hospital in Fort Briagg,California.We are represent- g ed by UFCW Local 588.We just had a successful 12 day strike Working America wants to hear from you. ° which allowed us to maintain our current health plan without co- Send us your comments,write us or send an o payments and institute important changes in our contract to e-mail from the UFCW Web site, r improve working conditions. Our bargaining unit had the opportunity to realize solidarity in a www.ufcw.org. Please include your local =o ways I could not have imagined.As a strike is always a last and union number, hometown, and list the name only other option response,we made that choice with a lot of of your employer. Keep your letters and com- pain.I do think we came out of the experience better and stronger. ments as brief as possible. Letters may be Our business managers,Ernie Thompson and Joe Ambrosi edited for length and clarity. Anonymous let- o a and our chief negotiator Mike Botica,offered themselves day ters will not be considered for publication. and night to provide leadership and support.This strike was won Send to Working America, 1775 K St., NW, because we had the backing of these wonderful men.They not Washington, DC 20006-1598. a only provided their talents,they also gave us their hearts.I am deeply grateful to each one. - 4 Marilyn Magoffin Shop Steward,Mendocino Coast District Hospital Local 588 Roseville,Calif. IA CAMPANA DECREOITO POR INGRESO RECLAME SU CREDITO POR INGRESO DE TRABAJO 7R 1 9 9 9 9 9 Un Beneficio Fiscal para Gente Quo Trabaja—Usted calificaria 1 jrabajo en 1998?Usted calificarfa para recibir el Credito por Ingreso de Trabajo("Earned Income Credit"o EIC).Si es asi, reduciran sus impuestos y podria recibir dinero de vuelta.Incluso si no debe impuestos,lusted puede recibir el EIC! • ECrio a un nino en su hogar en 1998? iGano su familia menos de$26,473?Usted puede recibir hasta$2,271. . • iCri6 usted a mis de un nino en su hogar en 1998? iGan6 su familia menos de$30,095?Usted puede recibir hasta$3,756. 4 ~�`" � • Si usted no crib a un nino, igano menos de$10,030 en 1998? jenia usted entre 25 y 64 anos de edad?Usted puede recibir hasta$341. 1 Esto as la manes de recibir el dinero: °O` -:'+:N =J=, ` • Si usted crib a ninos en su hogar en 1998,presente el Formulario de devoluci6n de impuestos 1040 o 1040A,no el Formulario 1040EZ.Asegurese de incluir el 4 ` € liss pxx {DPP tIt*`tj Formulario llamado "Schedule EIC". ti F i to f! •Si no crib a ninos en su hogar en 1998,presente cualquier formulario de declaracion 7 de impuestos federates. lAumenfe su saludol Trabajadores que son responsables por la crianza de sus hijos pueden obtener un avance EIC en cada una de sus quincenas. Obtenga el formula- fad' tY rio W--5 de su patrono o llamado al telefono 1-800 829-3676. LNKedla nAs Womwdon3?Quiere enterarse de como puede conseguir ayuda gratuita para llenar IIIYS .:los formularios de declaracion de impuestos?Llame al IRS gratuitamente al 1400-829-1040. ff i Ek .yet 16 © Sign a Good Neighbor Pledge Card(see insert, page 4) *C`A and make the promise to shop at union grocery stores. © Ask friends and family not to shop at Wal-Mart Neighborhood " Markets or Wal-Mart Supercenters. f © Bean active member of your community. Get involved A- in planning and zoning board hearings to keep Wal-mart out of your neighborhood. �v - Reach out to Wal-Mart workers.Talk to them about having 4 i` a voice in the workplace and give them support to fight for their families and their future. e _ RECEIVED FROM AND MADE APART OF TH RECOR AT TH �� 4 COUNCIL MEETING OF QQ��FICE OF.�, ITY CLERK CG11jINW SRO(KWA ,CITY CLERK ' , `POI ;IED IN U S—.Q. - ;>