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HomeMy WebLinkAbout2018-02-20 Agenda Packet FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Tuesday, February 20, 2018 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:30 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL MIKE POSEY Mayor ERIK PETERSON PATRICK BRENDEN Mayor Pro Tem Councilmember BARBARA DELGLEIZE JILL HARDY Councilmember Councilmember WILLIAM O’CONNELL LYN SEMETA Councilmember Councilmember MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council meetings. If you require special assistance, 48-hour prior notification will enable the city to make reasonable arrangements. To make arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas, please contact the City Clerk’s Office at (714) 536-5227, or request assistance from the Sergeant-at-Arms at the meeting. CITY COUNCIL/PUBLIC FINANCING AUTHORITY The City Council/Public Financing Authority of the City of Huntington Beach will regularly convene in joint session on the first and third Monday of each month for the purpose of considering agenda items. The Huntington Beach Successor Agency, Housing Authority, and Parking Authority are also agencies on which the Council serves as members. On each agenda these agencies may have items scheduled. CITY COUNCIL AGENDA The City Council agenda and supporting documentation is made available for public review during normal business hours in the Office of the City Clerk, 2000 Main Street immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes plan on W ednesday afternoons prior to the regularly scheduled meeting on Monday. The agenda packet is posted on the city’s website at http://www.huntingtonbeachca.gov/Government/agendas/. Questions on agenda items may be directed to the City Clerk’s Office at (714) 536-5227. AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS City Council meetings are televised live on cable TV Channel 3, and can be viewed via live or archived web cast at http://www.huntingtonbeachca.gov/Government/agendas/. SUPPLEMENTAL COMMUNICATION Staff and members of the public have the opportunity to submit information related to an agenda item following distribution of the agenda packet to the City Council. This information is identified as “Supplemental Communication” and is assembled into a packet by the City Clerk on the Friday prior and updated again on the day of the City Council meeting. The Brown (Open Meetings) Act requires that copies of Supplemental Communication be made available to the public immediately upon distribution of material to a majority of the City Council. Communication received by any individual at the meeting will be made available to the public in the City Clerk’s Office the following morning. AWARDS AND PRESENTATIONS Awards, presentations, and proclamations made by the Mayor on behalf of the City. The Public Information Office coordinates the arrangements with the Mayor and submits a list of presentations through the City Manager’s Office. PUBLIC COMMENTS This is the time of the meeting for the City Council to receive comments from the public regarding items of interest or agenda items not scheduled for Public Hearing. Pursuant to the Brown (Open Meetings) Act, the City Council may not enter into discussion regarding items not on the City Council agenda. Members of the public who wish to speak to a member of the WEB ACCESS: **REMINDER** Live Broadcast and audio and video archives can be accessed at http://huntingtonbeach.granicus.com As a courtesy to those in attendance, please silence your cell phones and pagers HB -1- Council on an item not on the agenda may consider setting up an individual appointment by contacting the Council's Administrative Assistant at 714-536-5553. The following statement applies to any public exchange of comments during City Council meetings: “The City Council strives to treat members of the public with respect. Comments or concerns provided by the public shall be done in a civil and respectful manner. Any public comments that are discriminatory, defamatory or otherwise not protected speech, whether as to race, religion, disability, sexual orientation, or any other protected classification, will not be considered by the City Council and may be a basis for the Mayor to interrupt the public comment. In addition, any such public comments will not be consented to, agreed to, ascribed to, or otherwise adopted by the City Council in its considerations, deliberations, discussions, and findings regarding any matter before it tonight. The City Council provides this public opportunity for free speech, but the City Council categorically rejects comments from anyone, including the public, that are of a discriminatory nature, and such comments will not inform the City Council’s decision.” To participate in Public Comments, pink Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. Each speaker is allowed 3 minutes, and time may not be donated to another speaker. COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING This agenda item allows Councilmembers to make announcements regarding Council committees, appointments or liaison reports, and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d). Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Manager, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget. The budget is available on the city’s website at http://www.huntingtonbeachca.gov/Government/budget_information/. PUBLIC HEARING Public Hearings allow citizens to speak in favor or against specific items brought to Council by staff. Staff may provide a presentation. The Mayor will open the Public Hearing to receive comments on that specific item. Upon hearing all public comments, the Mayor will close or continue the Public Hearing. Council may then decide to engage in discussion and/or take action on the item. To participate in a Public Hearing, green Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. ADMINISTRATIVE HEARING Administrative Hearings required by Huntington Beach Municipal Code Section 1.18 entitle only affected property owners to speak on a respective item. To participate in the Administrative Hearing, blue Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms (the Police Officer located near the speakers’ podium). CONSENT CALENDAR Consent Calendar items are considered routine items that do not normally require separate consideration. The City Council/Public Financing Authority usually makes one motion for approval of all the items listed under this section. However, Council may remove an item from the motion for discussion purposes. ADMINISTRATIVE ITEMS Administrative Items are considered separately and require separate motions. These actions are normally of a non-routine nature, and frequently require a staff presentation. ORDINANCES Ordinances require two readings before the City Council. They are first introduced, and then adopted at a subsequent meeting. Ordinances typically become law thirty (30) days after adoption. However, an emergency ordinance may be adopted upon introduction, and is effective immediately. COUNCILMEMBER ITEMS This portion of the agenda is provided for Items of business presented by individual members of the City Council. HB -2- -1- City Council/PFA Agenda – Tuesday, February 20, 2018 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Tuesday, February 20, 2018 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:30 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL MIKE POSEY Mayor ERIK PETERSON PATRICK BRENDEN Mayor Pro Tem Councilmember BARBARA DELGLEIZE JILL HARDY Councilmember Councilmember WILLIAM O’CONNELL LYN SEMETA Councilmember Councilmember Based on the limited amount of time needed to cover items in Study Session and Closed Session, the meeting will be called to order at 4:30 PM 4:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. Presentation of high level fiscal impact analysis of the Huntington Beach Air Show RECESS TO CLOSED SESSION Mayor Posey to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers' Association (POA), Police Management Association (PMA), Municipal Employees' Association (MEA) and Management Employees' HB -3- -2- City Council/PFA Agenda – Tuesday, February 20, 2018 Organization (MEO), and Surf City Lifeguard Employees' Association (SCLEA). CLOSED SESSION 2. Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Police Officers’ Association (POA), Police Management Association (PMA), Municipal Employees’ Association (MEA), Management Employees’ Organization (MEO), and Surf City Lifeguard Employees’ Association (SCLEA). 3. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden PLEDGE OF ALLEGIANCE INVOCATION - Father Christian Mondor of Saints Simon and Jude Catholic Church and member of the Greater Huntington Beach Interfaith Council In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS Mayor Posey to call on Victoria Alberty to present the Adoptable Pet of the Month Mayor Posey to present a proclamation to Jean Nagy of the Huntington Beach Tree Society to declare Arbor Day on Wednesday, March 14, 2018 Mayor Posey to call on Director of Public Works who will present the Mayor’s Award to Transportation Manager Bob Stachelski ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) HB -4- -3- City Council/PFA Agenda – Tuesday, February 20, 2018 PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CONSENT CALENDAR 1. Approve and adopt minutes Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated February 5, 2018, as written and on file in the Office of the City Clerk. 2. Receive and file the City Clerk's Quarterly listing of Contracts filed in the City Clerk's office between October 1, 2017, and December 31, 2017 Recommended Action: Receive and file the "List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the Period of October 1, 2017, through December 31, 2017." 3. Approve and authorize execution of a five-year License Agreement with Southern California Edison (SCE) for the City’s use of properties known as Langenbeck Park and Edison Community Park Recommended Action: A) Approve the "License Agreement" effective 4/1/2018 with Southern California Edison for the use of 8.19 acres of property known as Langenbeck Park (Contract No. 9.5163), and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction; and, B) Approve the "License Agreement" effective 11/1/2018 with Southern California Edison for the use of 8.06 acres of property known as Edison Community Park (Contract 9.2193), and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. 4. Approve and authorize extension of a Professional Services Contract with Carl Warren & Co. for an additional two years Recommended Action: Approve and authorize an extension of “Professional Services Contract Between the City of Huntington Beach and Carl Warren & Co. for Liability Claims Administration” for an additional two (2) years (two consecutive one-year renewals) pursuant to City Council action of March 6, 2017; and, delegate authority to the City Manager to execute any extensions thereto. HB -5- -4- City Council/PFA Agenda – Tuesday, February 20, 2018 5. Approve and authorize execution of the updated Employment Agreement for the Non-Represented Employee position of Police Chief for five-years through 2023 Recommended Action: Approve the updated “Employment Agreement Between the City of Huntington Beach and Robert Handy” through 2023 and authorize the City Manager to execute the Agreement. PUBLIC HEARING 6. Request to Continue to a Date Uncertain - Conditional Use Permit No. 13- 022/Coastal Development Permit No. 13-014 for Rofael Marina and Caretaker Facility (Appeal of Planning Commission's Denial) - Continued from November 6, 2017 Recommended Action: Continue Appeal of Conditional Use Permit No. 13-022 and Coastal Development Permit No. 13-014 to a date uncertain at the applicant's request. 7. Approve of Tentative Tract Map No. 18086, Conditional Use Permit No. 17- 008, Coastal Development Permit No. 17-003, and Special Permit No. 17- 001 (Main St. Mixed Use, location 414-424 Main St.) Appellant: Mayor Pro Tem Peterson Recommended Action: A) Find the proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08-01, which was adopted by the City of Huntington Beach on January 19, 2010. The proposed project is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-01 (Attachment No. 5); and, B) Approve Tentative Tract Map No. 18086, Conditional Use Permit No. 17- 008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 with findings and suggested conditions of approval (Attachment No. 1). ORDINANCES FOR INTRODUCTION 8. Approve for introduction Ordinance No. 4154 amending Chapter 2.70 of the Huntington Beach Municipal Code (HBMC) relating to Openness in Labor Negotiations Recommended Action: Approve for introduction Ordinance No. 4154, "An Ordinance of the City of Huntington Beach Amending Chapter 2.70 of the Huntington Beach Municipal Code Relating to Openness in Labor Negotiations.” HB -6- -5- City Council/PFA Agenda – Tuesday, February 20, 2018 COUNCILMEMBER ITEMS 9. Submitted by Councilmember O'Connell - Request staff return with a resolution in opposition to the Trump Administration's Plan to lift the ban on offshore oil drilling along the Huntington Beach coastline Recommended Action: A) City Council adopt a resolution requesting the Trump Administration exempt the State of California, and thereby, Huntington Beach, from the Administration's plan to reopen offshore drilling off our coast; and, B) Transmit a copy of the resolution to: a) President and Vice President of the United States b) Governor of California c) Majority and Minority Leaders of the United States Senate d) Speaker and the Minority Leader of the House of Representatives e) Each Senator and Representative from California in the Congress of the United States f) Secretary of the United States Department of the Interior g) Director of the Federal Bureau of Ocean Energy Management h) Each Member of the California State Senate and Assembly COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The City Council/Public Financing Authority regular meeting scheduled for Monday, March 5, 2018, has been cancelled The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, March 19, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov HB -7- Minutes City Council/Public Financing Authority City of Huntington Beach Monday, February 5, 2018 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: Study Session: Item No. 2: PowerPoint presentation submitted by Police Chief Robert Handy, entitled City of Huntington Crime Statistics Report; and Email communication submitted by Police Chief Robert Handy, entitled Crime Statistics - Huntington Beach, California - History and Overall Climate of Crime, prepared for the City of Huntington Beach by Robert M. Lehner, January 5, 2018 Mayor Posey announced that Councilmember Brenden has withdrawn his item regarding Short Term Vacation Rentals from the agenda, and that topic would not be addressed at this meeting. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS — None STUDY SESSION 1. Joint Study Session held between the City Council of Huntington Beach and the Investment Advisory Board (IAB). The Investment Advisory Board and City Treasurer made a presentation of the FY16-17 annual report, as it relates to the City of Huntington Beach's investment management. ROLL CALL OF THE INVESTMENT ADVISORY BOARD: Present: Rob Sternberg, Jennifer Handy, Scott Dowds, John Piekarski, and Mark Ellett Absent: Lydia Dupont, and A.J. DiLiberto HB -8-Item 1. - 1 Council/PFA Regular Minutes February 5, 2018 Page 2 of 10 Mayor Posey thanked the Investment Advisory Board members, and City Treasurer Cutchen, for their service and dedication. 2. Police Chief Robert Handy and retired Police Chief and Consultant Bob Lehner provided a Crime Rate Presentation City Manager Wilson and Police Chief Handy introduced Bob Lehner, former police chief and independent expert on crime rates and reporting, Julie Romano, Huntington Beach Police Department Crime Analyst, and Captain Brian Seitz. Chief Handy briefly discussed the process to compile the information and produce the statistics. Bob Lehner presented a PowerPoint communication entitled Crime Statistics Report with slides entitled: Report in Two Parts, Comparing Crime across Jurisdictions, Basic Findings/Conclusions, Violent Crime Rate, Property Crime Rate, Violent Crime, Property Crime, Strategic Implications, 2017 Part I Crimes, What is UCR?, Part I Crimes, Part I Comparison Last Year/This Year, Sexual Assaults/Rape, Robberies, Aggravated Assaults, 2017 Traffic Accident Information, and Summary. Councilmember O'Connell and Mr. Lehner discussed how the crime numbers were calculated and categorized and the methodology used for this presentation. Councilmember Brenden and Mr. Lehner discussed the effect of the passage of AB109 and Prop 47, which in Mr. Lehner's opinion, increases crime rates. Councilmember Semeta and Ms. Ramon discussed rules of hierarchy to determine the level (high versus low) for crime reporting. Councilmember Semeta and Mr. Lehner discussed that a "trend" of increased crime cannot be determined by looking at just one year. Mayor Pro Tem Peterson thanked the presenters for clarifying that when the City's crime numbers are low to begin with, a small increase of two or three incidents can appear to be a twenty-percent (20%) increase. Mayor Pro Tem Peterson requested, and Chief Handy agreed, that this type of report should be presented to the City Council at least annually. Councilmember Delgleize and Mr. Lehner discussed in more detail the effects of Prop 47 and possible amendments that are currently being considered by the state legislature. Police Chief Handy closed the presentation by stating that every single day the Huntington Beach Police Department is addressing the challenges that exist. Mayor Posey requested future information on whether specific crimes reported year-to-year are by repeat offenders. Councilmember Delgleize stated she would like to hear specifics on how the Police Department plans to meet the identified challenges for a better understanding of how the City Council can support their plans. RECESSED TO CLOSED SESSION – 4:56 PM A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 — 5. With no objections, the motion carried. Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who HB -9-Item 1. - 2 Council/PFA Regular Minutes February 5, 2018 Page 3 of 10 will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers' Association (POA), Police Management Association (PMA), Municipal Employees' Association (MEA) and Management Employees' Organization (MEO), and Surf City Lifeguard Employees' Association (SCLEA). CLOSED SESSION 3. Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 4. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager, regarding the following: Huntington Beach Police Officers’ Association (POA), Police Management Association (PMA), Municipal Employees’ Association (MEA), Management Employees’ Organization (MEO), and Surf City Lifeguard Employees’ Association (SCLEA). 5. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: John Briscoe v. City of Huntington Beach, Robin Estanislau, Orange County Superior Court Case No. 30- 2017-00896258, Court of Appeal Case No. G055788. 6:00 PM – COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None Mayor Posey announced that Councilmember Brenden has withdrawn his item regarding Short Term Vacation Rentals from the agenda, and that topic would not be addressed at this meeting. PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Peterson INVOCATION — Maria Khani of the Islamic Society of Orange County and member of the Greater Huntington Beach Interfaith Council. In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Gates reported on Closed Session Item No. 5, John Briscoe v. City of Huntington Beach, by a vote of 7-0, the City Council authorized action to file a petition for the California Supreme Court Review. AWARDS AND PRESENTATIONS Mayor Posey presented a commendation to Ed Laird of Laird Coatings for celebrating more than 40 years of business in Huntington Beach. Laird Coatings employs about 100 individuals, and was instrumental in developing the process to successfully apply water-based paints to plastic products. Mr. HB -10-Item 1. - 3 Council/PFA Regular Minutes February 5, 2018 Page 4 of 10 Laird makes numerous charitable contributions, plus has served on the Board of the Boy Scouts for 35 years, serves on the Bolsa Chica Conservancy Board, and is one of the founders of the Orange County Business Council. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: City Treasurer's Report: Item No. 1 — PowerPoint communication submitted by Alisa Cutchen, City Treasurer, entitled City of Huntington Beach Quarterly Treasurer's Report. Consent Calendar: Item No. 5 — Email communication received from Antonia Graham, Assistant to the City Manager, submitting a correction to the Financial Impact and Recommended Action sections of the Request for Council Action. Councilmember Items Item No. 11 — Email communication received from Alan Kornicks. PUBLIC COMMENTS (3 Minute Time Limit) — 12 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Gregory Panas, a 10-year resident, was called to speak and shared his opinion that by denying operations to the cannabis industry, the City then becomes a target for the backpack dealers. (01:06:11) Jon Paul White, Keep Orange Red, was called to speak and announced that Keep Orange Red is organizing in the area. (01:10:02) Teresa Carlisle, Chair, Huntington Beach Art Center Steering Committee, was called to speak and invited everyone to the current exhibition, Centered on the Center. This exhibit includes over 300 pieces of artwork representing many different media types from 200 local artists. (01:10:12) Dave Humphreys, President, Huntington Beach Police Officers' Association, was called to speak and shared his opinions on some statistics related to police staffing and crime reports. He asked for the City Council's assistance in helping to make the Police Department healthy again. (01:11:44) Devin Dwyer, a resident of over 50 years and former City Council member, was called to speak and stated his support of Police Chief Handy. Mr. Dwyer announced that he has set up a political action group entitled The Truth in Public Safety Unions. (01:14:58) Miguel Prieto, Huntington Beach Police Officers' Association Member, was called to speak and shared his opinions on crime statistics and police staffing levels. (01:17:09) Kathryn Levassiur, resident for 18 years and founding member of the Huntington Beach Short Term Rental Alliance, was called to speak and stated her support of the hosted short term rental item pulled from the agenda. She asked that this item be brought back and voted upon at the next City Council meeting. (01:20:14) HB -11-Item 1. - 4 Council/PFA Regular Minutes February 5, 2018 Page 5 of 10 Shelly Love, a lifetime resident, was called to speak and stated her support for hosted short term rental boundaries. (01:23:13) Gloria Alvarez, Huntington Beach Preserve Our Past, was called to speak and invited everyone to visit the Main Street Public Library to see the newest display, Growing Up With Oil. This fascinating display documents the history of oil in Huntington Beach through pictures and artifacts. (01:24:54) Barbara Haynes, Huntington Beach Preserve Our Past, was called to speak and also encouraged everyone to see the newest display, Growing Up With Oil. (01:27:05) Shayna Lathus, long-time resident, was called to speak and stated her appreciation to the Council for continuing the Surf City Marathon, Half Marathon and 5K. Ms. Lathus also stated her opinion that the Wintersburg site should remain as historical property. (01:27:35) John Briscoe, resident and elected School Board Trustee, was called to speak and stated his support for the Art Center's school art curricular training program. Mr. Briscoe also voiced his opinion on the waste of time and money in the Briscoe v Huntington Beach legal case, as well as his personal objection to the possible sale of the Wintersburg property. (01:29:24) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Delgleize reported attending an Orange County Transportation Authority (OCTA) Board meeting, a meeting of the Regional Highways Commission, and the groundbreaking event for the 405 Freeway Project. Councilmember Semeta reported attending the West Orange County Water Board (WOCWB) meeting where Mayor Posey was elected Chair, a Chamber of Commerce Government Affairs committee meeting, the Intergovernmental Relations Committee (IRC) meeting in Huntington Beach, and a Southeast Area Committee meeting. Councilmember O'Connell reported attending meetings of the Commission to End Homelessness, Housing Development Commission, Port of Long Beach Pier B and Dock Rail project, and Association of California Cities - Orange County (ACC-OC). Councilmember Brenden reported attending Public Cable Television Authority (PCTA), Ad Hoc Committee on Homelessness, Ad Hoc Committee on Coastal Odors, Air Traffic Noise Working Group, and Council on Aging meetings; visiting a homeless service campus in San Antonio with Councilmember Delgleize, and meeting with a representative of the Huntington Beach Firefighters' Association. Mayor Posey reported attending a West Orange County Water Board (WOCW B) meeting with Councilmember Semeta. CITY MANAGER’S REPORT City Manager Fred Wilson reported on the success of the Surf City Marathon held on Sunday, February 4th. Experienced by over 15,000 participants, City Manager Wilson indicated no public safety issues occurred, and gave thanks to Police, Fire, Community Services and the Public Works departments for their involvement in the event. HB -12-Item 1. - 5 Council/PFA Regular Minutes February 5, 2018 Page 6 of 10 CITY TREASURER’S REPORT 1. Received and filed the City Treasurer’s December 2017 Quarterly Investment Summary Report City Treasurer Alisa Cutchen presented a PowerPoint communication entitled: City of Huntington Beach Quarterly Treasurer's Report with slides entitled Market Overview - 12/31/17, Overview of City Investments, Portfolio Summary as of 9/30/2017, Investments by Type, Monthly Earnings - October 2016 to September 2017, Portfolio Earnings - as of September 30, 2017, and Compliance. A motion was made by O’Connell, second Hardy to receive and file the City Treasurer's Quarterly Investment Report for December 2017, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None CITY ATTORNEY’S REPORT 2. Updates provided on City of Huntington Beach v. Pharmaceutical Companies — Filing an action against the drug manufacturers of various forms of prescription opioids, which are consumed on a mass scale in Huntington Beach, to recover the City’s increased costs of providing emergency services for drug overdoses and other opioid related health and safety concerns. City Attorney Gates announced that today filed on behalf of the City of Huntington Beach against various drug companies seeking to recover the increased costs of providing emergency services to the City of Huntington Beach for the opioid use epidemic and related overdoses and need for paramedic services, County of Orange Case No. 30-2014-00725287-CU-BT-CXC, People of the State of California vs. Purdue Pharma, The Purdue Frederick Company, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Jansen Pharmaceuticals, Endo Health Solutions, Activist PLC, Watson Pharmaceuticals, McKesson Corporation, Cardinal Health, and AmerisourceBergen. City Attorney Gates also provided an update on the recent Kennedy Commission land use decision where the Supreme Court denied review of the lower court's decision which was in the City's favor; and, reported a favorable defense verdict in the case of Kang vs. City of Huntington Beach. CONSENT CALENDAR Councilmember Semeta pulled Consent Calendar Item No. 4 for further discussion. Mayor Posey pulled Consent Calendar Item No. 8 for further discussion. 3. Approved and adopted minutes A motion was made by Hardy, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes and special meeting minutes of the Housing Authority, Parking Authority and Successor Agency dated January 16, 2018, as written and on file in the Office of the City Clerk. HB -13-Item 1. - 6 Council/PFA Regular Minutes February 5, 2018 Page 7 of 10 The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 4. Approved and accepted a donation from The Friends of the Huntington Beach Public Library (FOTL) in the amount of $138,500 for the purchase of books, eBooks and other library resources Councilmember Semeta pulled this item to express gratitude for all of the volunteers whose time made this generous donation possible. Councilmember Brenden also expressed appreciation for the Friends of the Library volunteers. He stated that to the best of his knowledge, the volunteer hours are the equivalent of 29 full-time positions, and their financial contribution since 2002 is in excess of $2M. A motion was made by Semeta, second Peterson to approve and accept the donation from the Friends of the Huntington Beach Public Library, allocating $138,500 to Adult Donations account 10350102.64455. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 5. Accepted and appropriated funds from the State of California Natural Resources Agency Department of Parks and Recreation for the Central Park Trail Rehabilitation; and, authorized execution of a Deed Restriction A motion was made by Hardy, second Delgleize to authorize the City Manager or his designee to accept grant funds from the California Natural Resources Agency Department of Parks and Recreation; and, accept and appropriate $35,000 from the State of California, and appropriate an additional $35,000 in the Parks Acquisition and Development Fund to meet the local match requirement; and, approve and authorize the Mayor and City Manager to execute a Deed Restriction on a portion of the Central Park Trail. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 6. Adopted Resolution No. 2018-06 approving the Fiscal Year 2018/2019 Investment Policy A motion was made by Hardy, second Delgleize to adopt Resolution No. 2018-06, "A Resolution of the City Council of the City of Huntington Beach Approving the Statement of Investment Policy 2018." The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None HB -14-Item 1. - 7 Council/PFA Regular Minutes February 5, 2018 Page 8 of 10 7. Approved and authorized execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and Project Self-Sufficiency (PS-S) A motion was made by Hardy, second Delgleize to approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding Between the City of Huntington Beach and Project Self- Sufficiency." The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 8. Approved the appointment of Marie Knight to the position of Director of Community Services and authorized the City Manager to execute the Employment Agreement Mayor Posey pulled Item No. 8 to invite Ms. Knight to the podium to introduce herself. Ms. Knight stated she has experience with the cities of Garden Grove, Orange, Newport Beach, and is leaving the city of Long Beach to begin this position on February 26th. A motion was made by Brenden, second Delgleize to approve and authorize the City Manager to execute the "Employment Agreement Between the City of Huntington Beach and Marie Knight" for the position of Director of Community Services. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 9. Adopted Ordinance No. 4147 amending Section 7.04.010 and repealing Section 7.04.020 and Chapter 7.08 of the Huntington Beach Municipal Code (HBMC) relating to the adoption of County Animal Control Ordinances Approved for Introduction 1-16-2018, Vote: 7-0 A motion was made by Hardy, second Delgleize to adopt Ordinance No. 4147, "An Ordinance of the City of Huntington Beach Amending Section 7.04.010 and Repealing Section 7.04.020 and Chapter 7.08 of the Huntington Beach Municipal Code Relating to the Adoption of County Animal Control Ordinances." The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None PUBLIC HEARING 10. Adopted Resolution No. 2018-03 adopting Amendments to the 2015 Urban Water Management Plan (UWMP) City Manager Wilson introduced Principal Civil Engineer Duncan Lee who presented a PowerPoint communication entitled Amendments to 2015 Urban Water Management Plan, with slides titled: What is an Urban Water Management Plan?, Why Need an Urban Water Management Plan?, Results of Changes Due to Comments from DWR, Sources of Water?, Water Being Conserved, Surplus Water Available Over Next 25 Years?, Recommendation, and Questions & Answers. HB -15-Item 1. - 8 Council/PFA Regular Minutes February 5, 2018 Page 9 of 10 Councilmember Brenden and Engineer Duncan discussed details related to past and projected water usage. Mayor Posey opened the Public Hearing. City Clerk Robin Estanislau announced receipt of supplemental communication for this item: A PowerPoint communication submitted by Duncan E. Lee, Principal Civil Engineer, entitled Amendments to the 2015 Urban Water Management Plan (UWMP). City Clerk Estanislau announced there were no speakers signed up to speak. Mayor Posey closed the Public Hearing. A motion was made by O’Connell, second Delgleize to adopt Resolution 2018-03, "A Resolution of the City Council of the City of Huntington Beach Adopting the Amendments to the Adopted 2015 Urban Water Management Plan Pursuant to AB797 and SB1011." The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER ITEMS 11. ITEM WITHDRAWN: Approved Item Submitted by Councilmember Brenden - Short-Term Vacation Rental (STVR) Ordinance COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Peterson reported that Community Development staff and Councilmembers have been visiting key city businesses to share ways that the City and Council can help them be successful. The most recent visit was to Newlight Technologies, a fascinating company that is planning world-wide expansion from their Huntington Beach headquarters. He thanked Kellee Fritzal, Deputy Economic Development Director, for setting up business tours and exposing Councilmembers to the varied and growing businesses within the City. He also suggested that Police Chief Handy ensure that the Huntington Beach Police Officers' Association (HBPOA) Board receives a copy of the Crime Rate report that was presented during Study Session, and be made aware of the fact that it only takes 2 or 3 more incidents to produce a twenty percent (20%) increase when the numbers are low to begin with. Councilmember Hardy thanked staff for the successful Surf City Marathon, and stated her appreciation to the Orange County Sheriff's Department for being involved in keeping everyone safe. Councilmember Brenden reported attending the pre-opening event at HQ Gastropub, the Huntington Beach Chamber of Commerce Best of HB Awards Dinner and the Orange County Transportation Authority (OCTA) Commencement of the I-405 Improvement Project. He reported his assistance in planning the Kinder Vision local TGS golf tournament, attended the Newlight Technologies tour, the Children's Library Annual Writing and Illustrating Contest awards ceremony, the Chamber Foundation Ribbon Cutting, a meeting of the Surf City USA LA 2028 Task Force, and the Surf City USA Marathon. He concluded his comments by thanking Mr. Laird for his 30+ years of service to the Boy Scouts both at the National and Local levels. HB -16-Item 1. - 9 Council/PFA Regular Minutes February 5, 2018 Page 10 of 10 Councilmember Semeta reported representing the City at the ceremony where the street banner for Firefighter Senior Airman Timothy Joe Dotson was taken down and presented to the family. She thanked the Police and Fire Departments, Communications Officer Julie Toledo, as well American Legion Post 133 for making this a special ceremony. She also attended the HQ Gastropub Pre-Opening Event, the Art Center's newest exhibit, co-hosted with Mayor Posey and Mayor Pro Tem Peterson the Business Roundtable for the custom vehicle industry within the City, and the Surf City USA LA 2028 Task Force meeting. Councilmember Delgleize reported attending the Children's Library Annual Writing and Illustrating Contest awards ceremony, the Surf City USA Marathon, and she had a cameo appearance in the video that Steven Jones, Garden Grove Mayor, created as part of his State of the City report. Councilmember O'Connell reported attending the Surf City USA Marathon and thanked City staff and first responders for a safe event, and participating in the 1/2 Marathon. He also attended the ceremony for Firefighter Senior Airman Timothy Joe Dotson, the County of Orange 2018 State of the County presentation by the Honorable Andrew Do, Supervisor, First District and Chairman of the Board of Directors, the Huntington Beach Chamber of Commerce Best of HB Awards Dinner, the Ad Hoc Committee on Homelessness, and the Ad Hoc Committee on Coastal Odors. Mayor Posey reported making his State of the City presentation to the Huntington Beach Lions Club, participating in the Newlight Technologies tour, attending the Garden Grove Chamber of Commerce State of the City luncheon, the Kinder Vision TGS golf tournament, the Hot Rod Industry Business Roundtable with Councilmembers Peterson and Semeta which was organized by Deputy Director Fritzal, and reported enjoying the festivities for the Surf City USA Marathon, and shared a brief video of some of the event’s highlights. ADJOURNMENT — 7:17 PM Mayor Posey announced a Town Hall Meeting regarding a Housing Update has been scheduled for 9:00 AM, Saturday, February 10, 2018, in Council Chambers, 2000 Main Street, Huntington Beach, CA, and a Strategic Planning Session scheduled for 8:00 AM, Tuesday, February 13, 2018, at Huntington Central Library, 7111 Talbert Avenue, Huntington Beach, CA. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 20, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. ________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair HB -17-Item 1. - 10 Dept. ID CK 18-001 Page 1 of 1 Meeting Date: 2/20/2018 Statement of Issue: The listed contracts are entered into by City Departments and consultant firms pursuant to the Huntington Beach Municipal Code. Funds are in the City Budget. These contracts have been transmitted to the City Clerk for official filing for the public record. Financial Impact: No funds are required. Recommended Action: Receive and file the "List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the Period of October 1, 2017, through December 31, 2017." Alternative Action(s): Provide alternative direction to staff. Analysis: On November 15, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms pursuant to Huntington Beach Municipal Code Chapter 3.03. Accordingly, Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts. This policy ensures public review of new contracts through identification on the Council agenda as required by section 6.4.1 of the policy. The Attachment is a list of Contracts entered into by City Departments and received in the City Clerk’s office for the fourth quarter of 2017. Environmental Status: Non applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. “List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the Period of October 1, 2017, through December 31, 2017.” CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/20/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Robin Estanislau, CMC, City Clerk PREPARED BY: Robin Estanislau, CMC, City Clerk SUBJECT: Receive and file the City Clerk's Quarterly listing of Contracts filed in the City Clerk's office between October 1, 2017, and December 31, 2017 HB -18-Item 2. - 1 Page 1 of 1 *This list includes all contracts received which are public records List of Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2017 through December 31, 2017 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 10/19/2017 Human Resources Hamid Mir, MD $29,900 Independent Medical Evaluations with Respect to Workers’ Compensation Claims 10/19/2020 10/31/2017 Police Robert M. Lehner $3,500 Crime Data Statistical Review and Analysis 01/31/2018 11/01/2017 Administration Management Partners $52,900 Organizational Assessment 11/01/2020 11/13/2017 Fire AP Triton, LLC $10,500 Cost Report Processing Services for GEMT Reimbursement 11/13/2020 11/16/2017 Human Resources Jay Jurkowitz, MD $29,900 Independent Medical Evaluations with Respect to Workers’ Compensation Claims 11/16/2020 11/16/2017 Human Resources Zan Lewis, MD $29,900 Independent Medical Evaluations with Respect to Workers’ Compensation Claims 11/16/2020 11/17/2017 Public Works BKF Engineers $16,535 Consulting Services Relating to the Atlanta Avenue Widening Project 11/17/2020 11/27/2017 Community Development Sagecrest Planning and Environmental, LLC $90,000 Professional Planning Services 11/27/2020 11/28/2017 Administration Intertrend Communications, Inc. $25,000 (Final actual expenditures totaled $15,000) Consulting services to market and package a joint Huntington Beach/Long Beach proposal for the Amazon HQ2 site 11/28/2020 12/11/2017 Administration Peter Whittingham Public Affairs Advisors $6,000 Assistance with outreach to the SCAQMD Governing Board 12/11/2020 12/12/2017 Administration Cornerstone Communications $2,000 Communications Strategy Implementation 12/12/2020 12/18/2017 Public Works Bender Rosenthal, Inc. $2,850 Right Of Way Certification Assistance 12/18/2020 HB -19-Item 2. - 2 Dept. ID CS 18-002 Page 1 of 2 Meeting Date: 2/20/2018 Statement of Issue: The five-year license agreement with Southern California Edison for use of 8.18 acres, known as Langenbeck Park expires on March 31, 2018, and 8.06 acres, known as Edison Community Park will expire on October 31, 2018. Southern California Edison has prepared a new five-year license agreement for the City’s use of this property for Langenbeck and Edison Community Parks. Financial Impact: The combined annual amount for both Langenbeck and Edison Community Parks is approximately $3,576. Sufficient funds are budgeted in the Park Development Fund, account number 22845001.70300. Future fiscal years will be budgeted accordingly. Recommended Action: A) Approve the “License Agreement” effective 4/1/2018 with Southern California Edison for the use of 8.19 acres of property known as Langenbeck Park (Contract No. 9.5163), and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction; and, B) Approve the “License Agreement” effective 11/1/2018 with Southern California Edison for the use of 8.06 acres of property known as Edison Community Park (Contract 9.2193), and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. Alternative Action(s): Do not approve the license agreements with Southern California Edison and direct staff accordingly. Analysis: The City of Huntington Beach first entered into a license agreement with Southern California Edison (SCE) in 1982 for the use of 8.18 acres of SCE property on Magnolia Street south of Garfield Street. It has been renewed for successive five-year terms since that time. The current license agreement expires on March 31, 2018. The proposed license agreement would commence April 1, 2018, and expire March 31, 2023 (Attachment 1). The City has historically utilized the SCE r CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/20/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: David Dominguez, Interim Director of Community Services SUBJECT: Approve and authorize execution of a five-year License Agreement with Southern California Edison (SCE) for the City’s use of properties known as Langenbeck Park and Edison Community Park HB -20-Item 3. - 1 Dept. ID CS 18-002 Page 2 of 2 Meeting Date: 2/20/2018 property in conjunction with the adjacent City-owned property for use as Langenbeck Park. In exchange for the use of the property, the City would pay an annual license fee of $1,737.61 for year one of the agreement, with annual CPI adjustments over a five-year period. Year Term Yearly Amount Payment Due First Day of Month First Year 2018 $1,737.61 April Second Year 2019 $1,789.74 April Third Year 2020 $1,843.43 April Fourth Year 2021 $1,898.73 April Fifth Year 2022 $1,955.70 April The City of Huntington Beach first entered into a license agreement with Southern California Edison (SCE) in 1969 for the use of 8.06 acres of SCE property at the northwest corner of Hamilton Avenue and Magnolia Street. The license agreement has been renewed for successive five-year terms since that time. The current license agreement will expire on October 31, 2018. The proposed license agreement would commence November 1, 2018, and expire October 31, 2023 (Attachment 2). The City has historically utilized the SCE property in conjunction with the adjacent City-owned property for use as Edison Community Park. In exchange for the use of the property, the City would pay an annual license fee of $1,838.55 for year one of the agreement, with annual CPI adjustments over a five-year period. Year Term Yearly Amount Payment Due First Day of Month First Year 2018 $1,838.55 November Second Year 2019 $1,893.71 November Third Year 2020 $1,950.52 November Fourth Year 2021 $2,009.03 November Fifth Year 2022 $2,069.30 November All other terms of the proposed license agreements remain virtually unchanged from previous agreements. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. License Agreement for Langenbeck Park – Contract No. 9.5163 2. License Agreement for Edison Community Park – Contract No. 9.2193 HB -21-Item 3. - 2 HB -22-Item 3. - 3 HB -23-Item 3. - 4 HB -24-Item 3. - 5 HB -25-Item 3. - 6 HB -26-Item 3. - 7 HB -27-Item 3. - 8 HB -28-Item 3. - 9 HB -29-Item 3. - 10 HB -30-Item 3. - 11 HB -31-Item 3. - 12 HB -32-Item 3. - 13 HB -33-Item 3. - 14 HB -34-Item 3. - 15 HB -35-Item 3. - 16 HB -36-Item 3. - 17 HB -37-Item 3. - 18 HB -38-Item 3. - 19 HB -39-Item 3. - 20 HB -40-Item 3. - 21 HB -41-Item 3. - 22 HB -42-Item 3. - 23 HB -43-Item 3. - 24 HB -44-Item 3. - 25 HB -45-Item 3. - 26 HB -46-Item 3. - 27 HB -47-Item 3. - 28 HB -48-Item 3. - 29 HB -49-Item 3. - 30 HB -50-Item 3. - 31 HB -51-Item 3. - 32 HB -52-Item 3. - 33 HB -53-Item 3. - 34 HB -54-Item 3. - 35 HB -55-Item 3. - 36 HB -56-Item 3. - 37 HB -57-Item 3. - 38 HB -58-Item 3. - 39 HB -59-Item 3. - 40 HB -60-Item 3. - 41 HB -61-Item 3. - 42 HB -62-Item 3. - 43 HB -63-Item 3. - 44 HB -64-Item 3. - 45 HB -65-Item 3. - 46 HB -66-Item 3. - 47 Dept. ID HR 18-005 Page 1 of 2 Meeting Date: 2/20/2018 Statement of Issue: The City of Huntington Beach maintains a program of self-insurance for general liability pursuant to the California Tort Claims Act. The City desires to retain the services of Carl Warren & Co. to provide assistance in administering this program. This item went to Council on March 6, 2017, and was approved for an initial one (1) year period with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Financial Impact: The contract, in an amount not to exceed $315,000.00 (over three years), will be paid from appropriations in Business Unit 55230502.69365 liability insurance fund. Recommended Action: Approve and authorize an extension of “Professional Services Contract Between the City of Huntington Beach and Carl Warren & Co. for Liability Claims Administration” for an additional two (2) years (two consecutive one-year renewals) pursuant to City Council action of March 6, 2017; and, delegate authority to the City Manager to execute any extensions thereto. Alternative Action(s): Allow Carl Warren & Co. to continue to provide administrative services for liability claims for one year (through March 2019) and direct staff to re-launch RFP process to obtain proposals from qualified firms. Analysis: The City previously issued a Request for Proposals for a public sector third-party administrator (TPA) for liability claims administration services. The invitation to bid was posted on the City’s PlanetBids website on December 15, 2016. According to the RFP, a qualified TPA was required to demonstrate that all services will be performed in a manner commensurate with the highest standards of professionals in the industry; have a minimum of five (5) years experience administering claims for a public entity with a population of at least 50,000 and that provides public safety (Police and Fire) services. The TPA was also required to have an electronic database capable of producing specialized ad hoc reports in addition to any reports required by any reporting entities, such as the excess insurance carriers. Finally, the TPA was to demonstrate the ability to successfully manage a transition from the current TPA and provide a plan to ensure achievement of this requirement. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/20/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approve and authorize extension of a Professional Services Contract with Carl Warren & Co. for an additional two years. HB -67-Item 4. - 1 Dept. ID HR 18-005 Page 2 of 2 Meeting Date: 2/20/2018 There were four respondents: Carl Warren & Company, Hazelrigg Claims Management Services, York Risk Services Group, and AdminSure. A panel of experienced risk management professionals, including two external risk managers/directors, reviewed each of the responses received and selected Carl Warren and Company as the most responsive vendor to act as the City’s TPA. Carl Warren & Co. provides claims handling services on claims against the City, its officers, agents and employees. Services include, but are not limited to: Receipt of claims, examination and investigation of accident and incident reports, claims and/or cases which are, or may be, the subject of claims. Carl Warren & Co. also provides claims adjusting services, administrative services, and legal services as outlined in the contract. The City has utilized Carl Warren & Co. for many years and has been satisfied with their services. BICEP, the City’s joint powers authority, also utilizes Carl Warren & Company, providing continuity of service through the City’s BICEP coverage layer. Environmental Status: N/A Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Agreement between the City of Huntington Beach and Carl Warren & Co. 2. Professional Services Ranking Forms 3. Insurance Waiver and Certificate of Insurance HB -68-Item 4. - 2 HB -69-Item 4. - 3 HB -70-Item 4. - 4 HB -71-Item 4. - 5 HB -72-Item 4. - 6 HB -73-Item 4. - 7 HB -74-Item 4. - 8 HB -75-Item 4. - 9 HB -76-Item 4. - 10 HB -77-Item 4. - 11 HB -78-Item 4. - 12 HB -79-Item 4. - 13 HB -80-Item 4. - 14 HB -81-Item 4. - 15 HB -82-Item 4. - 16 HB -83-Item 4. - 17 HB -84-Item 4. - 18 HB -85-Item 4. - 19 HB -86-Item 4. - 20 HB -87-Item 4. - 21 HB -88-Item 4. - 22 HB -89-Item 4. - 23 HB -90-Item 4. - 24 HB -91-Item 4. - 25 HB -92-Item 4. - 26 HB -93-Item 4. - 27 HB -94-Item 4. - 28 HB -95-Item 4. - 29 HB -96-Item 4. - 30 HB -97-Item 4. - 31 HB -98-Item 4. - 32 HB -99-Item 4. - 33 HB -100-Item 4. - 34 HB -101-Item 4. - 35 HB -102-Item 4. - 36 HB -103-Item 4. - 37 Dept. ID AD-18-004 Page 1 of 2 Meeting Date: 2/20/2018 Statement of Issue: In November 2017, the City commissioned Management Partners, a professional consulting firm, to conduct a study of the issues and challenges facing the Huntington Beach Police Department at the request of the Huntington Beach Police Officers Association. A lengthy and detailed study was done. The study included dozens of one-on-one interviews, three focus groups of sworn and non-sworn staff, a confidential online survey in which 219 employees participated, and a review of five-years of FBI statistics, as well as other pertinent data and documents. On February 9, 2018, Management Partners issued its report entitled “City of Huntington Beach Police Department Assessment Issues Study.” The report contains 16 recommendations to address issues identified in the study. An update to the Police Chief’s contract for a five-year term is requested in order to help ensure the development of a five-year Strategic Plan for the department, ensure consistency in the implementation of the report’s recommendations, provide continuity of leadership, promote staff development and training throughout the Department, and develop a shared vision as recommended in the report. Financial Impact: The position of Police Chief is budgeted in the Fiscal Year 2017/18 Adopted Budget. No additional funding is requested or required. Funding for all department head positions, including the Chief of Police, in future years will be contained in out-year budgets. Recommended Action: Approve the updated “Employment Agreement Between the City of Huntington Beach and Robert Handy” through 2023 and authorize the City Manager to execute the Agreement. Alternative Action(s): Do not approve the updated Employment Agreement and provide alternative direction to staff. Analysis: In 2013, the City conducted a competitive national recruitment for a new Police Chief. Requirements for the position included being a visionary and creative leader to serve as an advocate for progressive police operations and a focus on future department structural and operational needs; a high level of dedicated customer and community service; prudent fiscal management; innovative and cost-effective strategies to provide quality, professional services to residents, businesses and visitors; and, promoting high performance within the department. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/20/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Lori Ann Farrell Harrison, Assistant City Manager SUBJECT: Approve and authorize execution of the updated Employment Agreement for the Non-Represented Employee position of Police Chief for five-years through 2023 HB -104-Item 5. - 1 Dept. ID AD-18-004 Page 2 of 2 Meeting Date: 2/20/2018 Effective December 7, 2013, the City Council approved the appointment of Robert Handy to the position of Police Chief for the City of Huntington Beach. After four years of service to the City, the Police Department enjoys strong community support from both residents and the business community. During Chief Handy’s tenure, Huntington Beach has maintained a low crime rate as compared to other cities its size in Orange County, the state of California, and the nation at large. The Department is facing some challenges including reduced police officer staffing and aged police facilities that the reliable leadership of Chief Handy will assist in remediating. In order to ensure the successful implementation of the 16 recommendations contained in the Management Partners report entitled “Huntington Beach Police Department Issues Assessment Study,” it is recommended that the City Council approve an updated Employment Agreement between the City of Huntington Beach and Police Chief Robert Handy for a five-year term. This action will help ensure the development of a five-year Strategic Plan for the department, consistency in the implementation of the report’s recommendations during that time period, continuity of leadership at the highest level within the organization, staff development and training throughout the Department, and a shared vision as recommended in the report. In addition to the new five-year term, the updated Employment Agreement increases the severance pay provision from three months to nine months. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. “Employment Agreement Between the City of Huntington Beach and Robert Handy” HB -105-Item 5. - 2 HB -106-Item 5. - 3 HB -107-Item 5. - 4 HB -108-Item 5. - 5 HB -109-Item 5. - 6 HB -110-Item 5. - 7 HB -111-Item 5. - 8 HB -112-Item 5. - 9 HB -113-Item 5. - 10 HB -114-Item 5. - 11 HB -115-Item 5. - 12 HB -116-Item 5. - 13 HB -117-Item 5. - 14 HB -118-Item 5. - 15 HB -119-Item 5. - 16 HB -120-Item 5. - 17 HB -121-Item 5. - 18 HB -122-Item 5. - 19 HB -123-Item 5. - 20 HB -124-Item 5. - 21 HB -125-Item 5. - 22 HB -126-Item 5. - 23 HB -127-Item 5. - 24 HB -128-Item 5. - 25 HB -129-Item 5. - 26 HB -130-Item 5. - 27 HB -131-Item 5. - 28 HB -132-Item 5. - 29 HB -133-Item 5. - 30 HB -134-Item 5. - 31 HB -135-Item 5. - 32 HB -136-Item 5. - 33 HB -137-Item 5. - 34 HB -138-Item 5. - 35 HB -139-Item 5. - 36 HB -140-Item 5. - 37 HB -141-Item 5. - 38 HB -142-Item 5. - 39 HB -143-Item 6. - 1 Dept. ID CD 18-003 Page 1 of 6 Meeting Date: 2/20/2018 Statement of Issue: Transmitted for your consideration is Tentative Tract Map (TTM) No. 18086, a request by Peter Zehnder to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes; Conditional Use Permit (CUP) No. 17-008 and Coastal Development Permit (CDP) No. 17-003, a request to permit 1) the construction of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on-site commercial parking spaces, and a one-level subterranean parking structure consisting of 40 residential parking spaces on a 0.42 acre site and 2) to participate in the parking in-lieu fee program for nine commercial parking spaces; and Special Permit (SP) No. 17-001, a request to permit a 2.55 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. The TTM, CUP, CDP, and SP were approved by the Planning Commission and subsequently appealed to the City Council by Mayor Pro Tem Erik Peterson. The Planning Commission and staff are recommending approval of the proposed mixed- use project with suggested findings and conditions of approval. Financial Impact: Not applicable. Recommended Action: A) Find the proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08-01, which was adopted by the City of Huntington Beach on January 19, 2010. The proposed project is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-01 (Attachment No. 5); and, B) Approve Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 with findings and suggested conditions of approval (Attachment No. 1). Alternative Action(s): The City Council may make the following alternative motion(s): A. Continue Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 and direct staff to return with findings and conditions for denial. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/20/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Jane James, Interim Director of Community Development SUBJECT: Approve of Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 (Main St. Mixed Use, location 414-424 Main St.) Appellant: Mayor Pro Tem Peterson HB -144-Item 7. - 1 Dept. ID CD 18-003 Page 2 of 6 Meeting Date: 2/20/2018 B. Continue Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001, and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Property Owner/Applicant: Peter Zehnder, HB Main L.P., 124 Tustin Ave., Ste. 200, Newport Beach, CA 92663 Location: 414-424 Main Street, 92648 (east side of Main St., between Orange Ave. and Pecan Ave.) Tentative Tract Map No. 18086 represents a request to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes pursuant to Chapter 251 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO): Tentative Maps. Conditional Use Permit No. 17-008/Coastal Development Permit No. 17-003 represents a request to: A. To permit the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on-site commercial parking spaces, and a one- level subterranean parking structure pursuant to Section 3.3.1.4 and 3.3.1.8 of the Downtown Specific Plan (DTSP); and B. To participate in the parking in-lieu fee program for nine commercial parking spaces pursuant to Section 3.2.26.11 of the DTSP. Special Permit No. 17-001 represents a request to permit a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a required minimum average setback of 10 ft. pursuant to Section 2.5.6 of the DTSP. B. PLANNING COMMISSION MEETING: A public hearing before the Planning Commission was held on January 23, 2018. At the Planning Commission meeting, nearby property owners were present and three people spoke in support of the project supporting staff’s recommendation for approval of the project. Additionally, staff also received several letters regarding the project (Attachment No. 6). Seven people spoke against the project citing concerns with density, access from the alley, and future alcohol uses at the site. The Planning Commission discussed the proposed request, including the request for in-lieu parking fees for the commercial component of the project. There was also discussion related to the density of the site, traffic and safety concerns, and privacy concerns. In order to alleviate some of the issues, the Planning Commission added a condition to address privacy concerns for the adjacent residences. The Planning Commission concluded that development of the project is consistent with the General Plan, HBZSO, and the DTSP. Planning Commission Action on January 23, 2018 The motion made by Kalmick, seconded by Grant, to approve Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 with findings and revised conditions of approval carried by the following vote: AYES: Crowe, Grant, Kalmick, Mandic, Scandura NOES: Garcia, Ray ABSTAIN: None HB -145-Item 7. - 2 Dept. ID CD 18-003 Page 3 of 6 Meeting Date: 2/20/2018 ABSENT: None MOTION PASSED C. APPEAL: On January 29, 2018, the Planning Commission’s approval of Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 was appealed by Mayor Pro Tem Erik Peterson (Attachment No. 3). The appeal was filed for the following reason: 1. The Planning Commission’s action allowed the payment of in-lieu parking fees rather than provide the required parking for the project. D. STAFF ANALYSIS AND RECOMMENDATION: General Plan Compliance The proposed project is consistent with the land use designation which allows for mixed-use at the subject site. The proposed architectural style and site layout of the mixed-use project is consistent with the proportion, scale, and character of the existing development in the area, which also includes similar mixed-use projects. The development will improve an underutilized site and the condominium units will provide an opportunity for ownership. The design of the project as approved by the Design Review Board promotes the development of a commercial building that conveys a high-quality visual image and character that is intended to expand the existing development pattern of Downtown Huntington Beach. The project’s open space incorporates enhanced hardscape and landscape materials consistent with the DTSP Design Guidelines. The project consists of 20 condominium units, which adds to the City’s housing stock. The development request as proposed is consistent with the intent of the policies within the Housing Element because it will add to the City’s housing stock and create new opportunities for purchase in the Downtown area. The project is required to pay affordable housing in-lieu fees which will go towards the provision of housing for lower to moderate income households. As such, the project will contribute to the City’s overall housing goals. The proposed project will provide a wide array and diversity of commercial uses and cater to the needs of local residents and residents in the surrounding region. The proposed project would incorporate visitor-serving commercial uses on the ground floor and residential uses on the upper floor. The mix of uses complements the urban downtown environment by integrating commercial services for the subject and nearby residential uses. The project site is located near established points of attraction, including the Huntington Beach Municipal Pier, and is intended to reinforce the vicinity as a major visitor-serving district. Additionally, it will facilitate employment opportunities and will not impact the subject site and surrounding area. Zoning Conformance: This project is located in District No. 1, Downtown Core Mixed-Use of the Downtown Specific Plan (DTSP), which establishes the area as the downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development, and promotes visitor-serving mixed-use commercial, office, and residential developments. The project complies with the requirements of the DTSP zoning district, with exception of the upper story setback on the third floor. The request to participate in the parking in-lieu fee program for a portion of the required commercial parking (nine spaces) is subject to approval of a CUP. All of the required residential parking is provided on site in a subterranean parking structure and guest parking is provided at the rear of the site. HB -146-Item 7. - 3 Dept. ID CD 18-003 Page 4 of 6 Meeting Date: 2/20/2018 Upper Story Setback The DTSP requires a 10 ft. average setback from the ground floor façade for all stories above the second floor to reduce the bulk and mass of buildings with third and fourth stories. The applicant is requesting a Special Permit to deviate from the 10 ft. average setback from the ground floor building façade for the third floor. Currently, the project is proposing the third floor with an average setback of approximately 2.52 ft. from the ground floor building façade. The fourth floor meets the upper story setbacks due to a large open air deck on the fourth floor. When roof eaves, overhangs, covered balconies, or awnings project more than 30 in. from the building wall, the building façade is measured from the front of that projection and no longer from the actual building/unit facade. The proposed third floor deviates significantly from this development standard due to the fact that the entire fourth floor aligns with the third floor, resulting with the façade being measured from the front of these roof overhangs. If the third floor building façade was measured from the unit/building, the deviation would be less significant at 6.10 ft. The Special Permit results in a greater benefit from the project and will promote a better living environment because it allows for a larger common open space in the form of a deck on the fourth floor that is partially open to the sky. Additionally, due to the bend on Main Street and the fact that the south west portion of the building is setback, the project provides a larger than required public open space that is open to the sky. This also allows residents to maximize their views on their decks. In order to comply with the upper story requirement along the third floor, the ground floor building façade would lose many of its unique architectural features along the front of the building in order to come closer to the street, thereby, creating a flatter design with no articulation. Additionally, it would reduce both the common and public open space. The special permit would allow for a mixed-use project with unique and quality architecture that includes a more contemporary architectural theme consisting of flat roofs, tower elements, large window glazing systems, and metal awnings. In addition, building volumes are articulated with variation in wall planes to reduce building massing and provide a larger public open space. Similar mixed-use projects have been approved near the subject site (Townsquare and Plaza Almeria); therefore, the request would also be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. Appeal Issues and Parking In-Lieu Fees The letter of appeal expressed concern that the Planning Commission’s approval allowed payment of parking in-lieu fees rather than providing all the required parking on site. The Parking In-Lieu Fee program was established in 1993 per City Council Resolution 6522 for certain properties within the Downtown Parking Master Plan area based on a shared parking concept. The objective of the program is to facilitate traffic and pedestrian movement in the Downtown core, and provide future opportunities for additional parking. The parking in-lieu fee funds create programs such as valet, re-striping, shuttle trolley, and other similar programs resulting in the provision of additional parking or construction of surface or structured parking and associated design costs in District 1 of the DTSP. The Parking In-lieu Fee Program was established as a shared parking concept based on the principle that a parking facility is shared among multiple uses and destinations such that one parking space would serve two or more businesses that are within close proximity of one another. Shared parking effectively reduces the number of parking spaces that would otherwise be required by a specific stand-alone use since one parking space is utilized by multiple uses with different peak demand hours or by multiple businesses with the same patrons. A property owner proposing to pay in-lieu fees as an alternative to providing the minimum number of required parking spaces on-site would be contributing money toward the provision of parking that is available to the general public for all uses within proximity of the parking facility, not necessarily for the exclusive use of his/her development. Additionally, the parking in-lieu fee program and fees HB -147-Item 7. - 4 Dept. ID CD 18-003 Page 5 of 6 Meeting Date: 2/20/2018 were established to allow for the development of parking spaces or implementation of other programs to accommodate the parking demand as development occurs while not being so high as to discourage development in the downtown. To date, the fees collected via the program have been used for: • 41 metered parking spaces at 1st St. and Atlanta Ave. parking lot (under construction) • Shuttle Services for the 4th of July and US Open • 25 parking spaces at 5th and PCH (formerly known as The Strand) • Trial period of Bike Valet Downtown project The proposed development requires a total of 60 parking spaces. A total of 51 parking spaces will be provided on-site: USE AREA CODE PROVISION REQUIRED PROPOSED Residential (20) 1-2 bedroom units 1-2 bedroom unit = 2 spaces/unit 20 units x 2: 40 spaces 40 parking spaces (parking structure) Guest (residential) 20 units 0.25 spaces/unit 20 units x 0.25: 5 spaces 5 parking spaces (ground floor) Commercial (retail) 5,000 sq. ft. 3 spaces/1,000 sq. ft. 15 spaces 6 parking spaces (ground floor) TOTAL: 60 spaces 51 spaces The applicant is requesting to satisfy the remaining nine parking space requirement via payment of parking in-lieu fees as defined in the DTSP. Although it does not fulfill the project’s on-site parking requirement, the applicant is also replacing two parallel on-street parking spaces fronting the site, along Main Street, and restriping them with nine angled on-street parking spaces, resulting in a surplus of seven on-street parking spaces. The restriping of the on-street parking directly in front the development will provide additional parking for commercial patrons. E. SUMMARY Staff recommends approval of Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 based upon the following: - Consistent with the site’s General Plan land use and zoning designations; - Complies with the Downtown Specific Plan (DTSP), except for the Special Permit Request; - Provides for the creation of new housing units in the City; - Compatible with surrounding uses and the urban environment of the Downtown; - Allows for a mixed-use project with unique and quality architecture; - Provides significant setbacks and offsets along the rear and the south side yard setback; - Variation in wall plane reduces building massing and provides a larger public and common open space; - Meets the requirements of the Subdivision Map Act; and - The project will not impede public access or conflict with any public recreation policies. Environmental Status: The proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The proposed consolidation of six parcels into an approximately 0.42 net acre lot for a one-lot subdivision, construction of a four-story mixed-use project consisting of 5,000 sq. ft. of retail and 20 residential units (condominiums); and a special permit request to deviate from upper story setback HB -148-Item 7. - 5 Dept. ID CD 18-003 Page 6 of 6 Meeting Date: 2/20/2018 requirements, along with associated open space and infrastructure is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Findings and Conditions of Approval for Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 2. Site Plan, Floor Plan, and Elevations received and dated November 6, 2017 and Tentative Map received and dated July 7, 2017 3. Appeal Letter from Mayor Pro Tem Erik Peterson, dated and received January 29, 2018 4. Planning Commission Notice of Action dated January 24, 2018 5. Planning Commission Staff Report and associated attachments dated January 23, 2018 6. Communications received 7. Power Point Presentation HB -149-Item 7. - 6 ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 18068 CONDITIONAL USE PERMIT NO. 17-008 COASTAL DEVELOPMENT PERMIT NO. 17-003 SPECIAL PERMIT NO. 17-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission determines that the proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The request to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes and development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; request to participate in the parking in-lieu fee program for nine commercial parking spaces; and request to permit a 2.52 ft. average setback on the third floor in lieu of a minimum average setback of 10 ft. is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1. The project is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for projects in conformity with that specific plan. The project is consistent with the Downtown Specific Plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Downtown Specific Plan project (EIR No. 08-01) and the project is conditioned to comply with all applicable EIR No. 08-1 mitigation measures. In light of the whole record, none of the circumstances described under Section 15162 of CEQA Guidelines are present; and therefore, no EIR or MND is required. SUGGESTED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 18068: 1. Tentative Tract Map No. 18068 to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes is consistent with the requirements of the Downtown Specific Plan. The proposed subdivision is also consistent with the General Plan Land Use Element designation of Mixed-Use – Specific Plan Overlay - 30-50 dwelling units per acre, as proposed on the subject property, or other applicable provisions of this code. 2. The site is physically suitable for the type and density of development. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the code. The project site is able to accommodate the type of development proposed. The proposed subdivision will result in a density of 47 units per acre, which is below the allowable density of 50 units per acre of the Mixed-Use – Specific Plan Overlay - 30-50 dwelling units per acre land use designation. The proposed density would be compatible with surrounding mixed-use developments. 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 HB -150-Item 7. - 7 wildlife or their habitat. The project site is surrounded by residential and commercial development as well as paved roads. It is geographically isolated from any natural open space in the vicinity and the site does not contain significant biological resources. 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. The subdivision will provide all necessary easements and will not affect any existing easements. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 17-008: 1. Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the propert y and improvements in the neighborhood. The project will improve the existing underutilized parcel of land with a development consistent with the General Plan land use and zoning designations. The project is located in the downtown core area (District 1), which promotes visitor-serving commercial developments. The project has been evaluated for compatibility with the surrounding neighborhood and will be designed on a pedestrian scale and character, will meet the goals and policies of the General Plan. Additionally, the proposed mixed-use is similar to those existing uses in the vicinity. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. Due to additional setbacks throughout the site, the project will be consistent in massing and scale to adjacent commercial and residential uses, many of which are up to three stories tall. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by taking vehicular access from the rear public alley, hence minimizing the visibility of subterranean parking garage entrance and ground level parking spaces from the street. The project complies with residential parking requirements and partially complies with commercial parking requirements and is therefore requesting to pay parking in-lieu fees for the nine commercial parking spaces that are deficient, as allowed by the DTSP subject to approval by Conditional Use Permit. Although it does not fulfill the project’s on-site parking requirement, the applicant is replacing two parallel on-street parking spaces fronting the site, along Main Street , with nine angled on- street parking spaces. The addition of the on-street parking directly in front the development will provide additional parking for commercial visitors. 2. Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, will be compatible with surrounding uses in terms of setbacks, private and public open space, building height, and landscaping. The subject site is entirely surrounded by similar commercial and residential uses to the north, west, and south with residential to the east. The proposed building will be compatible with existing development at similar heights and massing and incorporate a more contemporary architectural theme in the area that includes flat roofs, tower elements, large window glazing systems, and metal awnings, providing visual interest and a quality design to the streetscape. Wall offsets on the building facade and decorative features to reduce the massing of the building combined HB -151-Item 7. - 8 with decorative paving at the site entry will create visual interest from the frontage along Main Street. The project is designed to be compatible with the Downtown Design Guidelines. 3. Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, complies with all provisions of the Downtown Specific Plan and applicable provisions in Titles 20 through 25 of the Huntington Beach Zoning and Subdivision Ordinance. The project complies with the development standards in terms of setbacks, private and public open space, building height, and landscaping. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. The project complies with residential parking requirements and partially complies with commercial parking requirements and is therefore requesting to pay parking in-lieu fees for the nine commercial parking spaces that are def icient, as allowed by the DTSP subject to approval by Conditional Use Permit. Although it does not fulfill the project’s on- site parking requirement, the applicant is replacing two parallel on-street parking spaces fronting the site, along Main Street, and with nine angled on-street parking spaces. The addition of the on-street parking directly in front the development will provide additional parking for commercial visitors. 4. The granting of Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one -level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, will not adversely af fect the General Plan. It is consistent with the General Plan Land Use Map designation on the subject property is M-sp (30-50 du/ac) (Mixed-Use - Specific Plan Overlay – 30-50 dwelling units/acre) and the zoning designation is SP5–CZ–District 1 (Downtown Specific Plan – Coastal Zone Overlay – Downtown Core). The proposed project will implement both the General Plan and specific plan designations of the site. The proposed project is consistent with the intent of these designations, and the goals and policies of the City’s General Plan as follows: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policies LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policies LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-7: Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place. HB -152-Item 7. - 9 Policies LU-7A Preserve unique neighborhoods, corridors, and subareas, and continue to use specific plans to distinguish districts and neighborhoods by character and appearance. Policies LU-7B Use street trees, signage, landscaping, street furniture, public art, and other aesthetic elements to enhance the appearance and identity of subareas, neighborhoods, corridors, nodes, and public spaces. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. Policies LU-11A: Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. The proposed project is consistent with the land use designation which allows for mixed-use at the subject site. The proposed architectural style and site layout of the mixed-use project is consistent with the proportion, scale, and character of the existing development in the area, which also includes similar mixed-use projects. The development will improve an underutilized site and the condominium units will provide an opportunity for ownership. The proposed project will provide a wide arrange and diversity of commercial uses and cater to the needs of local residents and residents in the surrounding region. The project will provide additional commercial uses that will encourage tourism to the site and the surrounding area. The project will facilitate employment opportunities and will not impact the subject site and surrounding area. The design of the project as approved by the Design Review Board promotes the development of a commercial building that conveys a high- quality visual image and character that is intended to expand the existing development pattern of Downtown Huntington Beach. The project’s open space incorporates enhanced hardscape and landscape materials consistent with the DTSP Design Guidelines. B. Housing Element Policy 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 6.1: Implement the City’s Green Building Program to ensure new development is energy and water efficient. The project consists of 20 condominium units, which adds to the City’s housing stock. The development request as proposed is consistent with the intent of the policies within the Housing Element because it will add to the City’s housing stock and create new opportunities for purchase in the Downtown area. The project is required to pay affordable housing in-lieu fees which will go towards the provision of housing for lower to moderate income households. As such, the project will contribute to the City’s overall housing goals. Furthermore, green building practices for the construction are proposed such as construction waste diverted from landfill, drought tolerant planting, and high-efficiency irrigation system. The units will also include energy efficient windows, energy efficient roof, and high efficacy lighting. HB -153-Item 7. - 10 A. Coastal Element Policy C 1.1.4: Where feasible, locate visitor-serving commercial uses in existing developed areas or at selected points of attraction for visitors. Goal C 3: Provide a variety of recreational and visitor commercial serving uses for a range of cost and market preferences. Policy C 3.2.4: Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed project would incorporate visitor-serving commercial uses on the ground floor and residential uses on the upper floor. The mix of uses complements the urban downtown environment by integrating commercial services for the subject and nearby residential uses. The project site is located near established points of attraction, including the Huntington Beach Municipal Pier, and is intended to reinforce the vicinity as a major visitor-serving district. SUGGESTED FINDINGS FOR APPROVAL – COASTAL DEVELOPMENT PERMIT NO. 17- 003: 1. Coastal Development Permit No. 17-003 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure conforms to the General Plan, including the Local Coastal Program. The proposed project would continue to provide commercial and residential uses in an established, urban, downtown core area and will serve surrounding uses in the vicinity. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. The proposed project would develop visitor-serving commercial uses in the City’s downtown core area near other established points of attraction, including the Huntington Beach Municipal Pier; and is intended to reinforce the vicinity as a major visitor-serving district. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed project, the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure, as conditioned, complies with applicable development regulations, including setbacks, private and public open space, building height, and landscaping. It is also consistent with the design guidelines, and is compatible with the scale and transition of surrounding development. 3. At the time of occupancy, the proposed development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. In addition, the project provides the necessary public improvements such as dedications, curb, gutters, and sidewalks. HB -154-Item 7. - 11 4. The development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not impede public access and does not conflict with any public recreation policies by the provision of a development consistent with the City’s General Plan, Coastal Element, and Downtown Specific Plan. SUGGESTED FINDINGS FOR APPROVAL – SPECIAL PERMIT NO. 17-001: 1. The granting of Special Permit No. 17-001 (pursuant to Section 4.1.02 of the DTSP) in conjunction with: Tentative Tract Map No. 18086 to subdivide an approximately 0.42 net acre lot for condominium purposes and Conditional Use Permit No. 17-008/ Coastal Development Permit No. 17-003 to permit the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on -site commercial parking spaces, a one-level subterranean parking structure; and to participate in the parking in-lieu fee program for nine commercial parking spaces, is for a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. This Special Permit results in a greater benefit from the project and will promote a better living environment because it allows for a larger common open space in the form of a deck on the fourth floor that is partially open to the sky. Additionally, due to the bend on Main Street and the fact that the south west portion of the building is setback, the proj ect provides a larger than required public open space that is open to the sky. This also allows residents to maximize their views on their decks. 2. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. for a will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design due to the fact that the proposed building is designed to contrast with the surrounding buildings by providing a more contemporary architectural theme that includes flat roofs, tower elements, large window glazing systems, and metal awnings. The building incorporates architectural and design principles to orient the building to the pedestrian environment with primarily glass facade to provide the “human scale” element that separates the first floor from second floor. Building volumes are articulated with variation in wall plane to reduce building massing and provide a larger public open space. The building facades incorporate a variety of building materials to provide visual interest, including smooth stucco, wood siding, concrete veneer, and glass tiles that enhance the paseo. Although the project is requesting a deviation for upper story setback requirements along the third floor, it ` balancing the setback deficiency on the third floor along the front. 3. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. will not be detrimental to the general health, welfare, safety, and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvem ents of the neighborhood or of the City in general. Even though the project is requesting a deviation for upper story setback requirements along the third floor, it provides significant setbacks and offsets along the rear and the south side yard setback balancing the setback deficiency along the front. The request will result in a project that has less building mass, more HB -155-Item 7. - 12 building articulation, and increased common and public open space. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials 4. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. will be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. The special permit would allow for a mixed-use project with unique and quality architecture that includes a more contemporary architectural theme consisting of flat roofs, tower elements, large window glazing systems, and metal awnings. The building incorporates architectural and design principles to orient the building to the pedestrian environment with primarily glass facade to provide the “human scale” element that separates the first floor from second floor. Building volumes are articulated with variation in wall plane to reduce building massing and provide a larger public open space. The building facades incorporate a variety of building materials to provide visual interest, including smooth stucco, wood siding, concrete veneer, and glass tiles that enhance the paseo. In order to comply with the upper story requirement along the third floor, the building would lose many of its unique architectural features along the front of the building in order to come closer to the street, thereby, reducing the public and common open space and resulting in a flatter design with no articulation. 5. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. will be consistent with the policies of the Coastal Element of the City’s General Plan and the California Coastal Act as well as comply with State and Federal Law. SUGGESTED CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP NO. 18068: 1. The Tentative Tract Map No. 18068 received and dated July 7, 2017, shall be the approved layout except as amended per the conditions stated herein. 2. Prior to submittal of the final tract and at least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Community Development Department and approved by the City Attorney. The CC&Rs shall identify the common driveway access easements, and maintenance of all walls, and common landscape and parking areas by the Homeowners' Association, as well as a parking management plan to ensure the ongoing control of availability of on-site residential guest parking and commercial parking including but not limited to: restricting subterranean garage and tandem spaces to not be converted to living quarters, workshops, or storage that will preclude the parking of two vehicles, all open parking spaces within the project shall be unassigned and available for visitors and guests; no boat, trailer, camper, off-road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, or other recreational vehicle or any non-operating vehicle shall be parked or stored in any parking spaces; and towing of any vehicles violating the restrictions within the CC&Rs. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) 3. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated HB -156-Item 7. - 13 timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 4. Prior to issuance of Building Permits, the applicant shall satisfy the minimum ten percent Inclusionary Affordable Housing requirement by either providing the units on site via an approved Affordable Housing Agreement or paying the applicable in-lieu fee. 5. Comply with all applicable Conditional Use Permit No. 17-008, Coastal Development No. 17-003, and Special Permit No. 17-001 conditions of approval. 6. Comply with all mitigation measures adopted for the project in conjunction with EIR No . 08- 1. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 17-008/ COASTAL DEVELOPMENT NO. 17-003/ SPECIAL PERMIT NO. 17-001: 1. The site plan, floor plan, and elevations received and dated November 06, 2017, shall be the conceptually approved design with the following modification: Window alignment shall be avoided to preserve the privacy between the residences within the project and the single family dwellings to the east. If windows need to align, the windows shall be opaque glass or a similar material. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval, EIR No. 08-1 mitigation measures, and Code Requirements letter dated January 17, 2018 shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the approved site plan and the processing fee to the Community Development Department for addressing of the new units. c. The property owner shall submit a draft In-Lieu Parking Fee Participation Agreement to the Office of Business Development. The Agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721). 3. Prior to issuance of a grading permit, the following shall be completed: If tie-backs or other method of horizontal anchoring systems is proposed for construction of any temporary and/or permanent earth retaining structure that would encroach within the public right -of- way, it shall meet the “Subterranean Development” section of the DTSP Section 3.2.11. (PW) 4. Prior to issuance of building permits, the following shall be completed: a. Contact the United States Postal Service for approval of mailbox location(s). HB -157-Item 7. - 14 b. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. c. A public art element, approved by the Design Review Board, Community Development Director, and the Cultural Services Supervisor, shall be depicted on the plans. Public art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community’s cultural identity (ecology, history, or society). d. The Developer shall provide a Landscape Maintenance License Agreement to address the continuing maintenance and liability for all landscaping, irrigation, furniture and hardscape along the Main Street and alley Rights-of-Way. The agreement shall describe all aspects of maintenance such as enhanced sidewalk cleaning, trash cans, disposal of trash, signs, tree or palm replacement and any other aspect of maintenance that is warranted by the development plan improvements proposed. The agreement shall state that the property ownership shall be responsible for all costs associated with maintenance, repair, replacement, liability and fees. (PW) 5. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. 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. d. Parkland dedication in-lieu fees (Quimby Fees) shall be paid to the Community Development Department. e. The applicant shall install a duel Knox-Box on the property to allow access to police officers and firefighters. (PD) f. In order to address visibility and safety within the subterranean garage, the interior of the garage shall be painted white to reflect light. Additional lighting shall be placed in every corner and the area between the vehicles along with surveillance cameras. (PD) g. A copy of the recorded In-Lieu Parking Fee Participation Agreement and proof of full payment or first installment payment to the City Treasurer shall be submitted to the Community Development Department. HB -158-Item 7. - 15 6. Comply with all applicable mitigation measure contained in Environmental Impact Report No. 08-01 for the Downtown Specific Plan. 7. Signage shall be reviewed under separate permits and applicable processing. 8. The applicant and/or applicant’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 9. Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 shall become null and void unless exercised within two years of the date of final approval by the City Council, or such extension of time, as granted by the Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 10. The Development Services Departments (Community Development, Fire, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. 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 provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. HB -159-Item 7. - 16 SHEET INDEX A01 A02 A03 A04 A05 A06 A07 A08 A09 A10 A11 A12 A13 A14 Cover Sheet Site Plan / Ground Floor Plan Subterranean (P1) Floor Plan Second Floor Plan Third Floor Plan Fourth Floor Plan Roof Plan Building Section 1 Building Section 2 West and South Elevations East and North Elevations Renderings Renderings Renderings 414 MAIN STREET LUXURY MIXED-USE PROJECT SUMMARY Gross Site Area 19,709.07 SF 0.452 acres Net Site Area (after dedications)18,452.37 SF 0.424 acres Total Units 20 Density 47.17 du/ac (50 Max. per Sec. 3.3.1.7) Total Retail Area 5,000 SF ZONING SUMMARY (DTSP, Sec. 3.3.1.10-13 and 3.3.1.8, Zoning Definition Sec. 203.06 [height]) SETBACKS REQUIRED PROVIDED Front (Main Street) L1,L2 0'-0"0'-0" Rear (Alley)3'-0"3'-0" North 0'-0"0'-0" South 0'-0"L1 0'-0", L2&L3 10'-3" BUILDING HEIGHT ALLOWED PROVIDED Building Height 46'-8.25"46'-6.75" Top of Parapet 50'-8.25"50'-6.75" Top of Elevator Overrun 56'-8.25"52'-6.75" Top of Tower Element 56'-8.25"54'-6.75" Stair to Roof 56'-8.25"56'-6.75" Upper Story Setback Required: 10' Avg from the ground flr facade (Sec. 3.3.1.9)for portions of the front facade on the 3rd and 4th stories. Provided: 2.76' (3rd), 10.55' (4th) Residential Storage Required: One 50 CF storage area per unit (Sec. 3.2.18)Provided: One 50 CF storage area per unit UNIT SUMMARY DESCRIPTION QTY.SF/UNIT (NET)TOTAL SF Unit A - 2 Bd, 2.5 ba 3 1,554 sf 4,662 SF Unit B - 2 Bd, 2.5 ba 3 1,474 sf 4,422 SF Unit C - 2 Bd, 2.5 ba 3 1,593 sf 4,779 SF Unit D - 2 Bd, 2.5 ba + DEN 3 1,850 sf 5,550 SF Unit E - 1 Bd, 1.5 ba 3 1,145 sf 3,435 SF Unit F - 2 Bd, 2.5 ba 2 1,687 sf 3,374 SF Unit G - 2 Bd, 2.5 ba + DEN 2 1,732 sf 3,464 SF Unit G.2 - 2 Bd, 2.5 ba + DEN 1 1,799 sf 1,799 SF TOTALS 20 31,485 SF OPEN SPACE SUMMARY (Downtown Specific Plan, Sec. 3.2.16) Required Res. Open Space (Private+Common) 3,000 SF (150/Unit) Provided Common Open Space(Roof Deck) 1,889 SF Provided Private Open Space (Balconies)4,353 SF Total Provided Open Space 6,242 SF Required Public Open Space (Sec. 3.3.1.15) 553 SF (3% of Net Site) Required Public O.S. Landscaping 166 SF (30% of 553) Provided Public Open Space 738 SF Provided Public O.S. Landscaping 166 SF RESIDENTIAL PARKING SUMMARY (Downtown Specific Plan, Sec. 3.2.26) Required Resident Parking 1 Bd (x3)3 1 Stall per Unit 2 Bd (x17)34 2 Stalls per Unit Total Required Resident Parking 37 Provided Resident Parking 40 Subterranean (Level P1) Required Guest Parking 5 0.25 Stalls per Unit Provided Guest Parking 5 At Ground Level Required Res. Bicycle Spaces 20 1 Space per Unit Provided Res. Bicycle Spaces 28 Secured at Ground Level RETAIL PARKING SUMMARY (Downtown Specific Plan, Sec. 3.2.26) Required Retail Parking 15 3 Stalls per 1,000 SF (Retail and Rest. with less than 12 seats) Provided Retail Parking On Site at Ground Level (Alley) 6 In-Lieu Fee 9 Total Provided Retail Parking 15 Required Retail Bicycle Spaces 2 1 per 10 Vehicle Spaces Provided Retail Bicycle Spaces 4 At Ground Level SITE COLLECTIVE HOUSING SUPPLY JZMK PARTNERS 11/1/2017 RCVD. 11.06.17 HB -160-Item 7. - 17 HB -161-Item 7. - 18 HB -162-Item 7. - 19 HB -163-Item 7. - 20 HB -164-Item 7. - 21 HB -165-Item 7. - 22 HB -166-Item 7. - 23 HB -167-Item 7. - 24 HB -168-Item 7. - 25 11/1/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA ELEVATIONS SOUTH ELEVATION WEST ELEVATION (MAIN STREET) Painted Metal Awning West (Main Street) Elevation Shown at an Angle Signage Shown for Reference Only 52'-10.5"Top of Tower Element Stucco Board Formed Concrete Veneer Cable Railing System Typ. West (Main Street) Elevation Shown at an Angle Casement Windows Typ. A10 0 4 8 16 SCALE: 1/8"=1'-0" Public Art 11'-7.5"11'-1"11'-1"11'-1"LEVEL 2 4'-0"TOP OF PARAPET 44'-10.5"LEVEL 3 LEVEL 1 LEVEL 4 ROOF 1' 8 1/4" CURB FOR FULLY DETAILED HEIGHT INFOMATION, SEE BUILDING SECTION ON SHEET A08Stucco Board Formed Concrete Veneer Roof Deck Board Formed Concrete Veneer Wood Composite SidingStucco Storefront Wood Composite Siding Board Formed Concrete Veneer Stucco Wood Composite Siding 11'-7.5"11'-1"11'-1"11'-1"LEVEL 2 4'-0"TOP OF PARAPET 44'-10.5"LEVEL 3 LEVEL 1 LEVEL 4 ROOF 1' 8 1/4" CURB FOR FULLY DETAILED HEIGHT INFOMATION, SEE BUILDING SECTION ON SHEET A08HB -169-Item 7. - 26 11/1/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA ELEVATIONS Location of Adjacent Building at North Property Line NORTH ELEVATION Elevation Shown at an Angle Garage Entry On Grade Parking Stucco Wood Composite Siding Casement Windows Typ. A11 EAST ELEVATION (ALLEY) Board Formed Concrete Veneer Wood Composite Siding Painted Metal Awning Cable Railing System Casement Window, Typ.54'-10.5"Top of Stair Tower 11'-7.5"11'-1"11'-1"11'-1"LEVEL 2 4'-0"TOP OF PARAPET 44'-10.5"LEVEL 3 LEVEL 1 LEVEL 4 ROOF 1' 8 1/4"CURB FOR FULLY DETAILED HEIGHT INFOMATION, SEE BUILDING SECTION ON SHEET A0811'-7.5"11'-1"11'-1"11'-1"LEVEL 2 4'-0"TOP OF PARAPET 44'-10.5"LEVEL 3 LEVEL 1 LEVEL 4 ROOF 1' 8 1/4"CURB FOR FULLY DETAILED HEIGHT INFOMATION, SEE BUILDING SECTION ON SHEET A08DETAIL AT ALLEY ELEVATION DETAIL AT ALLEY ELEVATION HB -170-Item 7. - 27 11/1/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA RENDERINGS Proposed building with iconic "gateway architecture", and dramatic rooftop deck. Activated ground level at street bridges visual and pedestrian linkage from beach to city core. Existing "Dead Zone" condition breaks continuity of Main Street, severing linkage to city core from beach/pier. VIEW OF EXISTING CONTEXT FROM MAIN STREET LOOKING NORTH EAST CONCEPTUAL VIEW FROM MAIN STREET LOOKING NORTH EAST VIEW OF MAIN STREET ELEVATION A12HB -171-Item 7. - 28 11/1/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA RENDERINGS VIEW OF EXISTING CONTEXT FROM MAIN STREET LOOKING NORTH EAST CONCEPTUAL VIEW FROM MAIN STREET LOOKING NORTH EAST CONCEPTUAL VIEW FROM MAIN STREET LOOKING SOUTH VIEW OF EXISTING CONTEXT FROM MAIN STREET LOOKING SOUTH A13HB -172-Item 7. - 29 11/1/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA RENDERINGS VIEW OF RETAIL AND PUBLIC OPEN SPACE AT MAIN STREET VIEW OF ROOFTOP DECK A14 VIEW OF PASEO TO RESIDENTIAL LOBBY AND RETAIL PARKING VIEW FROM ALLEY LOOKING SOUTHVIEW FROM ALLEY LOOKING NORTHHB -173-Item 7. - 30 CONCEPTUAL LANDSCAPE PLANHB MAIN, LP414 MAIN STREET HUNTINGTON BEACH MIXED USE06/20/2017L-1Landscape Architecture3185 C1 Airway Avenue Costa Mesa, CA 92626bgb-inc.comO: 714 545 2878 F: 714 545 2898Planning Urban Design0feet16SCALE: 1/8" = 1'-0”82432LandscapeArchitecture0feet1682432Agave attenuataDate PalmCrassula falcataCrassula (coral)Fatsia japonica ‘Spider’s web’Aspidistra elatiorRhapis excelsaAeonium kiwiEuphorbia tirucalliOcean View & Blasted Glass Pavers Giada Bench by metalco Plank Styled Pavers“Green Screen” w/ VinesDahlia Planters by metalcoGuardia Bike Racks by metalcoMAIN STREETSITE FURNITUREKEYNOTE LEGENDSITE PAVINGPROPOSED PLANT MATERIAL29211131 PLANK STYLED PAVERS WITH GLASS ACCENTS 2 ENHANCED SHELL SEEDED CONCRETE PAVING 3 NATURAL COLOR CONCRETE PAVING4 BIORETENTION PLANTER5 “GREEN SCREEN” WITH VINES6 BENCH SEATING7 EXISTING PALM TO BE REMOVE8LANDSCAPE CONCEPTTHE PUBLIC SIDEWALK IS DOMINATED WITH SHELL SEEDED CONCRETE THAT CONVERGES WITH PLANK STYLED PAVERS WITH GLASS ACCENTS PAYING HOMAGE TO THE SANDAND SEA. THE LANDSCAPE WILL ASSEMBLE A COLLAGE OF DROUGHT TOLERANT SUCCULENTS APPEARING LIKE AN UNDERWATER GARDEN. A VINE COVERED “GREENSCREEN” WALL WILL SOFTEN THE SOUTHERLY ELEVATION UP TO THE 2ND FLOOR DECK. BIORETENTION PLANTER WILL BE LANDSCAPED WITH DEEP SHADE LOVING PLANTS7485659 EXISTING STREET LIGHT10 REPLACE (2) EX. QUEEN PALM STREET TREES W/ (3) PHOENIX DACTYLIFERA (DATE PALM 18’ BTH)WITH METAL TREE GRATES11 CORTEN STEEL PLANTERS 12 CORTEN STEEL BIKE RACKS44STREET ART STRUCTURE BY OTHERS11101061112HB -174-Item 7. - 31 RCVD. 07.07.17 HB -175-Item 7. - 32 HB -176-Item 7. - 33 HB -177-Item 7. - 34 HB -178-Item 7. - 35 9/14/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA MAIN STREET MASSING, VIEW 1 VIEW OF PROPSED PROJECT POTENTIAL MASSING AT MAIN STREET (10' AVERAGE UPPER STORY SETBACK) AVERAGE 10' SETBACK COMPARED WITH PROPOSED PROJECTVIEW OF PROPOSED PROJECT WITH POTENTIAL MAIN STREET MASSING RCVD. 12.12.17 HB -179-Item 7. - 36 9/14/2017 #16020 414 MAIN STREET LUXURY MIXED-USE HUNTINGTON BEACH, CA MAIN STREET MASSING, VIEW 2 VIEW OF PROPSED PROJECT POTENTIAL MASSING AT MAIN STREET (10' AVERAGE UPPER STORY SETBACK) AVERAGE 10' SETBACK COMPARED WITH PROPOSED PROJECTVIEW OF PROPOSED PROJECT WITH POTENTIAL MAIN STREET MASSINGHB -180-Item 7. - 37 HB -181-Item 7. - 38 HB -182-Item 7. - 39 HB -183-Item 7. - 40 HB -184-Item 7. - 41 HB -185-Item 7. - 42 HB -186-Item 7. - 43 HB -187-Item 7. - 44 HB -188-Item 7. - 45 HB -189-Item 7. - 46 HB -190-Item 7. - 47 HB -191-Item 7. - 48 HB -192-Item 7. - 49 HB -193-Item 7. - 50 HB -194-Item 7. - 51 HB -195-Item 7. - 52 City of Huntington Beach Community Development Department STAFF REPORT TO: Planning Commission FROM: Jane James, Interim Director of Community Development BY: Joanna Cortez, Acting Associate Planner DATE: January 23, 2018 SUBJECT: TENTATIVE TRACT MAP NO. 18068/ CONDITIONAL USE PERMIT NO. 17- 008/ COASTAL DEVELOPMENT PERMIT NO. 17-003/ SPECIAL PERMIT NO. 17-001 (MAIN STRET MIXED-USE) APPLICANT/ PROPERTY OWNER: Peter Zehnder, HB Main L.P., 124 Tustin Ave., Ste. 200, Newport Beach, CA 92663 LOCATION: 414-424 Main Street, 92648 (east side of Main St., between Orange Ave. and Pecan Ave.) STATEMENT OF ISSUE:  Tentative Tract Map (TTM) No. 18086 to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes  Conditional Use Permit (CUP) No. 17-008 and Coastal Development Permit (CDP) No. 17-003 is a request to: a) Develop a four story mixed-use retail and residential building with a property frontage greater than 100 ft.; b) Develop 20 for-sale condominium units; and c) Participate in the parking in-lieu fee program for nine commercial parking spaces  Special Permit (SP) No. 17-001 is a request to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average required setback of 10 ft.:  Staff’s Recommendation: Approve Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 based on the following: - Consistent with the site’s General Plan land use and zoning designations; - Complies with the Downtown Specific Plan (DTSP), except for the Special Permit Request; - Provides for the creation of new housing units in the City; - Compatible with surrounding uses and the urban environment of the Downtown; - Allows for a mixed-use project with unique and quality architecture; - Provides significant setbacks and offsets along the rear and the south side yard setback; - Variation in wall plane reduces building massing and provides a larger public and common open space; HB -196-Item 7. - 53 PC Staff Report 01/23/18 2 18sr02 – Main St. Mixed-Use Slater Avenue City of Fountain Valley Subject Site Newland Street VICINITY MAP TENTATIVE TRACT MAP NO. 18068, CONDITIONAL USE PERMIT NO. 17-008, COASTAL DEVELOPMENT PERMIT NO. 17-003, SPECIAL PERMIT NO. 17-001 (MAIN STREET MIXED USE) Subject Property HB -197-Item 7. - 54 PC Staff Report 01/23/18 3 18sr02 – Main St. Mixed-Use - Meets the requirements of the Subdivision Map Act; and - The project will not impede public access or conflict with any public recreation policies. RECOMMENDATION: Motion to: A. “Find the proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The proposed consolidation of six parcels into an approximately 0.42 net acre lot for condominium purposes and development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; request to participate in the parking in-lieu fee program for nine commercial parking spaces; and request to permit a 2.52 ft. average setback on the third floor in lieu of a minimum average required setback of 10 ft. is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1 and Traffic Analysis Study (Attachment No. 5 and 6, respectively);” B. “Approve Tentative Tract Map No. 18068, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-03, and Special Permit No. 17-001 with findings and suggested conditions of approval (Attachment No. 1);” ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. “Deny Tentative Tract Map No. 18068, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-03, and Special Permit No. 17-001with findings for denial.” B. “Continue Tentative Tract Map No. 18068, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-03, and Special Permit No. 17-001 and direct staff accordingly.” PROJECT PROPOSAL: Tentative Tract Map No. 18086 represents a request to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes pursuant to Chapter 251 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO): Tentative Maps. Conditional Use Permit No. 17-008/ Coastal Development Permit No. 17-003 represents a request for the following: A. To permit the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on-site commercial parking spaces, and a one-level subterranean parking structure pursuant to Section 3.3.1.4 and 3.3.1.8 of the Downtown Specific Plan (DTSP); and B. To participate in the parking in-lieu fee program for nine commercial parking spaces pursuant to Section 3.2.26.11 of the DTSP HB -198-Item 7. - 55 PC Staff Report 01/23/18 4 18sr02 – Main St. Mixed-Use Special Permit No. 17-001 represents a request to permit a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a required minimum average setback of 10 ft. pursuant to Section 2.5.6 of the DTSP. The project is located within the downtown core area, which is comprised of mostly visitor-serving commercial developments with ground floor retail and restaurant uses mixed with upper-story office, commercial, and residential uses. The applicant is proposing a tentative tract map for a one-lot subdivision for condominium purposes on an approximately 0.42 acre site located in the Downtown Specific Plan (DTSP) to construct a mixed-use development consisting of commercial uses and 20 for-sale condominium units along with associated open space and infrastructure. The project site consists of six parcels that are currently vacant. Surrounding and immediately adjacent uses to the site are single family and multi -family residential uses to the east (across the alley) and commercial uses to the north, south, and west. The four-story mixed-use building will consist of 5,000 sq. ft. of ground floor commercial space. The proposed 20 condominium units will be located on the remaining floors. Public open space is provided on the ground floor, adjacent to the commercial uses and common open space for residents is provided with a 1,889 sq. ft. rooftop deck. Private open spaces for each unit consist of balconies. The project is proposing one-level subterranean parking for the residential units and ground level parking for guests and the commercial uses, both which are accessible by the public alley located at the rear (east). The proposed development requires a total of 60 parking spaces. A total of 51 parking spaces will be provided on-site and the developer is requesting to satisfy the remaining nine parking space requirement via payment of parking in-lieu fees as defined in the DTSP. The applicant is replacing two parallel on-street parking spaces along Main Street with nine angled on-street parking spaces. Finally, the developer proposes to satisfy the 10% affordable housing requirement by paying affordable housing in - lieu fees. Study Session The project was introduced to the Planning Commission (PC) on December 12, 2017, at a study session. The PC inquired about a few project-related issues that are identified and expanded upon below and in the Analysis section: Parking In-lieu Fee Program The Downtown Specific Plan (DTSP) includes provisions for payment of parking in-lieu fees for property owners that are not able to meet on-site (non-residential) parking requirements. The request to participate in the program requires concurrent approval of a conditional use permit for the establishment of a new use or intensification of an existing use. The current fee is $28,830 per parking space. These fees allow for the creation of additional parking spaces and parking opportunities through valet, striping of spaces, shuttle, trolley, construction of spaces and associated design costs, and other similar programs. The following are examples of the types of projects these fees have funded:  41 metered parking spaces at 1st St. and Atlanta Ave. parking lot (currently under construction)  Shuttle Services for the 4th of July and US Open  25 parking spaces at 5th and PCH (former Strand) HB -199-Item 7. - 56 PC Staff Report 01/23/18 5 18sr02 – Main St. Mixed-Use  Trial period of Bike Valet Downtown project The proposed project is proposing 5,000 sq. ft. commercial (retail) which requires a total of 15 on-site parking spaces. Six of the required spaces will be on-site, at the rear of the property (east side). The applicant is requesting to pay the in-lieu parking fees for the remaining nine spaces totaling $259,470 ($28,830 x nine (9) parking spaces). Affordable Housing The affordable housing program is one tool the City utilizes to meet its commitment to provide housing affordable to all economic sectors, and to meet its regional fair-share requirements for construction of affordable housing. Per the DTSP and HBZSO, a minimum of 10% of all new residential construction shall be affordable housing units unless a developer is proposing a residential project consisting of 30 or fewer units in which case they may elect to pay a fee in-lieu of providing the units on-site to fulfill this requirement. The project is proposing 20 residential units (condos), requiring two affordable housing units (20 units x 10% = 2 units). The developer has requested to pay in-lieu fees for the two units, totaling $822,567 (20 units x $41,128). The fees accepted in lieu of the construction of affordable units are placed in the City’s affordable housing trust fund. Accordingly, the funds shall be used for projects which have a minimum of 50% of the dwelling units affordable to very low- and low-income households, with at least 20% of the units available to very low-income households. The funds may, at the discretion of the City Council, be used for pre-development costs, land or air rights acquisition, rehabilitation, land write downs, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing. ISSUES: Subject Property And Surrounding Land Use, Zoning And General Plan Designations: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: M-sp (30-50 du/ac) (Mixed-Use - Specific Plan Overlay – 30-50 dwelling units/acre) SP5–CZ–District 1 (Downtown Specific Plan – Coastal Zone Overlay – Downtown Core) Vacant North, South, East (across public alley), and West (across Main St.) of Subject Property: M-sp (30-50 du/ac) (Mixed-Use - Specific Plan Overlay – 30-50 dwelling units/acre) SP5–CZ–District 1 (Downtown Specific Plan – Coastal Zone Overlay – Downtown Core) Commercial and Residential General Plan Conformance: The General Plan Land Use Map designation on the subject property is M-sp (30-50 du/ac) (Mixed-Use - Specific Plan Overlay – 30-50 dwelling units/acre) and the zoning designation is SP5–CZ–District 1 (Downtown Specific Plan – Coastal Zone Overlay – Downtown Core). The proposed subdivision will result in a density of 47 units per acre, which is below the allowable density of 50 units per acre of the Mixed-Use – Specific Plan Overlay - 30-50 dwelling units per acre land use designation. The project will HB -200-Item 7. - 57 PC Staff Report 01/23/18 6 18sr02 – Main St. Mixed-Use implement both the General Plan and specific plan designations of the site. The proposed development is consistent with the intent of these designations, and the goals and policies of the City’s General Plan as follows: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policies LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policies LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-7: Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place. Policies LU-7A Preserve unique neighborhoods, corridors, and subareas, and continue to use specific plans to distinguish districts and neighborhoods by character and appearance. Policies LU-7B Use street trees, signage, landscaping, street furniture, public art, and other aesthetic elements to enhance the appearance and identity of subareas, neighborhoods, corridors, nodes, and public spaces. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. Policies LU-11A: Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. The proposed project is consistent with the land use designation which allows for mixed-use at the subject site. The proposed architectural style an d site layout of the mixed-use project is consistent with the proportion, scale, and character of the existing development in the area, which also includes similar mixed-use projects. The development will improve an underutilized site and the condominium units will provide an opportunity for ownership. The proposed project will provide a wide arrange and diversity of commercial uses and cater to the needs of local residents and residents in the surrounding region. The project will provide additional commercial uses that will encourage tourism to the site and the surrounding area. The project will facilitate employment opportunities and will not impact the subject site and surrounding area. The HB -201-Item 7. - 58 PC Staff Report 01/23/18 7 18sr02 – Main St. Mixed-Use design of the project as approved by the Design Review Board promotes the development of a commercial building that conveys a high-quality visual image and character that is intended to expand the existing development pattern of Downtown Huntington Beach. The project’s open space incorporates enhanced hardscape and landscape materials consistent with the DTSP Design Guidelines. B. Housing Element Policy 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 6.1: Implement the City’s Green Building Program to ensure new development is energy and water efficient. The project consists of 20 condominium units, which adds to the City’s housing stock. The development request as proposed is consistent with the intent of the policies within the Housing Element because it will add to the City’s housing stock and create new opportunities for purchase in the Downtown area. The project is required to pay affordable housing in-lieu fees which will go towards the provision of housing for lower to moderate income households. As such, the project will contribute to the City’s overall housing goals. Furthermore, green building practices for the construction are proposed such as construction waste diverted from landfill, drought tolerant planting, and high-efficiency irrigation system. The units will also include energy efficient windows, energy efficient roof, and high efficacy lighting. C. Coastal Element Policy C 1.1.4: Where feasible, locate visitor-serving commercial uses in existing developed areas or at selected points of attraction for visitors. Goal C 3: Provide a variety of recreational and visitor commercial serving uses for a range of cost and market preferences. Policy C 3.2.4: Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed project would incorporate visitor-serving commercial uses on the ground floor and residential uses on the upper floor. The mix of uses complements the urban downtown environment by integrating commercial services for the subject and nearby residential uses. The project site is located near established points of attraction, including the Huntington Beach Municipal Pier, and is intended to reinforce the vicinity as a major visitor-serving district. Zoning Compliance: This project is located in District No. 1, Downtown Core Mixed-Use of SP5–CZ (Downtown Specific Plan – Coastal Zone), which establishes the area as the downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development, and promotes visitor-serving mixed-use HB -202-Item 7. - 59 PC Staff Report 01/23/18 8 18sr02 – Main St. Mixed-Use commercial, office, and residential developments. The project complies with the requirements of the SP5 zoning district, with exception of the upper story setback on the third floor. The request to participate in the parking in-lieu fee program for a portion of the required commercial parking (nine spaces) is subject to approval of CUP. Upper Story Setback The DTSP requires a 10 ft. average setback from the ground floor façade for all stories above the second floor to reduce the bulk and mass of buildings with third and fourth stories. The applicant is requesting a Special Permit to deviate from the 10 ft. average setback from the ground floor building façade for the third floor. Currently, the project is proposing the third floor with an average setback of approximately 2.52 ft. from the ground floor building façade. The fourth floor meets the upper story setbacks due to a large open air deck on the fourth floor. When roof eaves, overhangs, covered balconies, or awnings project more than 30 in. from the building wall, the building façade is measured from the front of that projection and no longer from the actual building/unit facade. The proposed third floor deviates significantly from this development standard due to the fact that the entire fourth floor aligns with the third floor, resulting with the façade being measured from the front of these roof overhangs. If the third floor building façade was measured from the unit/building, the deviation would be less significant at 6.10 ft. In-lieu Parking The proposed development requires a total of 60 parking spaces. A total of 51 parking spaces will be provided on-site: USE AREA CODE PROVISION REQUIRED PROPOSED Residential (20) 1-2 bedroom units 1-2 bedroom unit: 2 spaces/unit 20 units x 2: 40 spaces 40 parking spaces (parking structure) Guest (residential) 20 units 0.25 spaces/unit 20 units x 0.25: 5 spaces 5 parking spaces (ground floor) Commercial (retail) 5,000 sq. ft. 3 spaces/1,000 sq. ft. 15 spaces 6 parking spaces (ground floor) TOTAL: 60 spaces 51 spaces The developer is requesting to satisfy the remaining nine parking space requirement via payment of parking in-lieu fees as defined in the DTSP. Although it does not fulfill the project’s on-site parking requirement, the applicant is replacing two parallel on-street parking spaces fronting the site, along Main Street, and restriping them with nine angled on-street parking spaces. A list of City Code Requirements of the applicable provisions of the DTSP, HBZSO, and Municipal Code has been provided to the applicant and is attached here (Attachment No. 4) for informational purposes only. HB -203-Item 7. - 60 PC Staff Report 01/23/18 9 18sr02 – Main St. Mixed-Use Urban Design Guidelines Conformance: The Downtown Specific Plan Design Guidelines provide the minimum qualitative design expectations for the downtown. All development is required to comply with the spirit and intent of the design guidelines. Building forms and facades influence cohesiveness, comfort, and aesthetic pride and at the same time promote general pedestrian activity, encourage shopping, and increase a sense of security. Where commercial buildings are neighbors to residential buildings or where infill buildings are being constructed, consideration of scale, detail, and materials is very important. The massing and scale of structures should remain in harmony with the surrounding natural setting and existing structures. The proposed building is designed to contrast with the surrounding buildings by providing a more contemporary architectural theme that includes flat roofs, tower elements, large window glazing systems, and metal awnings. The building incorporates architectural and design principles to orient the building to the pedestrian environment with primarily glass facade to provide the “human scale” element that separates the first floor from second floor. Building volumes are articulated with variation in wall planes to reduce building massing and provide a larger public open space. The building facades incorporate a variety of building materials to provide visual interest, including smooth stucco, wood siding, concrete veneer, and glass tiles that enhance the paseo. Although the project does not comply with upper story setback requirements along the third floor, it provides significant setbacks and offsets along the rear and the south side yard setback to compensate for that setback deficiency. Additionally, the project provides a larger than required public open space along Main Street (553 sq. ft. public open space required vs. 738 sq. ft. provided). The project’s overall conformance to the DTSP design guidelines ensures that the building form, height, and architectural design convey an overall high level of quality materials consistent with the vision of the Specific Plan. Environmental Status: The proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08- 1, which was adopted by the City of Huntington Beach on January 19, 2010. The proposed consolidation of six parcels into an approximately 0.42 net acre lot for a one-lot subdivision, construction of a four-story mixed-use project consisting of 5,000 sq. ft. of retail and 20 residential units (condominiums); and a special permit request to deviate from upper story setback requirements, along with associated open space and infrastructure is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1 (see MMRP Attachment No. 5). Coastal Status: The proposed project is within a non-appealable portion of the Coastal Zone. Coastal Development Permit No. 17-003 is being processed concurrently with Conditional Use Permit No. 17-008 pursuant to Chapter 245 of the HBZSO. The proposed project, with exception of the third floor upper story setback and request to participate in the parking in-lieu fee program, complies with the zoning code, as conditioned. HB -204-Item 7. - 61 PC Staff Report 01/23/18 10 18sr02 – Main St. Mixed-Use Design Review Board: On December 12, 2017, the Design Review Board (DRB) reviewed and approved Design Review No. 17- 003 to review the design, colors, and materials of the four story mixed-use building. The proposed building will be compatible with existing development at similar heights and massing and incorporate a more contemporary architectural theme in the area that includes flat roofs, tower elements, large window glazing s ystems, and metal awnings, providing visual interest and a quality design to the streetscape. Wall offsets on the building facade and decorative features to reduce the massing of the building combined with decorative paving at the site entry will create visual interest from the frontage along Main Street. Windows above the ground floor are recessed and accent features such as wood siding, concrete veneer, and metal cable railing system along the balconies enhance the overall design. Subdivision Committee: Tentative Tract Map No. 18068 was reviewed by the Subdivision Committee on January 16, 2018. The Subdivision Committee reviewed the recommended conditions of approval for the tentative tract map from the Community Development, Fire and Public Works Departments. The Subdivision Committee unanimously recommended approval of the proposed project to the Planning Commission. Other Departments Concerns and Requirements: The Departments of Public Works, Police, Fire, Office of Business Development, and Community Development have reviewed the project and identified a list of recommended conditions that are incorporated into the suggested conditions of approval as well as code requirements (Attachment No. 4) applicable to the project. Public Notification: Legal notice was published in the Huntington Beach Wave on January 11, 2018, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, the applicant, the property owner, and interested parties. As of January 17, 2018, two communications have been received (Attachment No. 7). Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S) December 22, 2017 March 22, 2018 ANALYSIS: Staff supports the proposed project, based on the stated purpose of District 1- Downtown Core Mixed-Use of the DTSP, which is to establish the area as the downtown for the City by creating a more urban atmosphere, encouraging developments with viable visitor-serving, coastal dependent and coastal-related commercial and residential uses that are consistent with the Coastal Act. This district is a prime mixed- use location within the Downtown and provides visitors and residents with numerous opportunities for visitor-serving as well as year-round commercial uses. The proposed project will not impede public HB -205-Item 7. - 62 PC Staff Report 01/23/18 11 18sr02 – Main St. Mixed-Use access to and public recreation of the coastal resources since the project site was previously a developed site. Compatibility with Surrounding Uses and Compliance with HBZSO, SP 5 & Subdivision Map Act The proposed four-story mixed-use development will be compatible with the nearby and surrounding properties. Properties to the north and south are two-story commercial developments and to the east, across the alley, are a range of multi-family and single family dwellings. Finally, to the west are commercial properties, with similar mixed-use buildings to the northwest and southwest. The three story mixed use project, Town Square, is located just northwest of the subject site on the opposite side of Main Street. Town Square is a similar mixed use project with ground floor retail, restaurant, and service uses and two floors of residential condos above. Due to additional setbacks throughout the site, the project will be consistent in massing and scale to adjacent commercial and residential uses, many of which are up to three stories tall. The project is also compatible with surrounding uses in terms of setbacks, private and public open space, building height, and landscaping. The proposed building will be compatible with existing development at similar heights and massing. The project will be subject to the park land in-lieu fees pursuant to the requirements of HBZSO Section 254.08 – Parkland Dedications. The fees shall be paid and calculated according to a schedule adopted by the City Council resolution (Ordinance No. 3562, Resolution Nos. 2002-46 and 2002-57). With the exception of the request to pay parking in-lieu fees and the deviation of the upper story setbacks on a portion of the building, the proposed project complies with, and at times exceeds, the provisions of SP 5 with regards to setbacks, public open space, building height and landscaping. Amongst other development standards, the project will also include larger than required private and common open space (3,000 sq. ft. private and common open space required versus 6,242 sq. ft. private and common open space provided). Adequate refuse disposal for residential and commercial uses will be provided via interior chutes and collection from the alley. Visitor serving commercial uses will be provided along the ground floor facing Main Street as envisioned in the DTSP. A paseo to connect the rear parking to Main Street further connects the project to pedestrian activity on Main Street. Furthermore, the tentative tract map for a one lot subdivision for condominium purposes complies with the Subdivision Map Act and is suitable for the type and density of the project. Architectural Design, Site Layout, and Parking The proposed development is well designed and appropriate for the subject site based on the applicable zoning, surrounding uses and the physical characteristics of the lot. The project, as proposed, achieves substantial conformance with the DTSP. The building incorporates architectural and design principles to orient the building to the pedestrian environment with primarily glass facade to provide the “human scale” element that separates the first floor from second floor. The building facades incorporate a variety of building materials to provide visual interest, including smooth stucco, wood siding, concrete veneer, and glass tiles that enhance the paseo. The project, as conditioned, will incorporate a public art element into the overall project design. The layout of the site improves the visual surroundings by taking vehicular access from the rear public alley, hence minimizing the visibility of the subterranean parking garage entrance and ground level HB -206-Item 7. - 63 PC Staff Report 01/23/18 12 18sr02 – Main St. Mixed-Use parking spaces from the street. Adequate residential parking is provided within five guest spaces and 40 parking spaces within the subterranean garage. The applicant is providing six of the 15 required commercial parking spaces at the rear of the property. Although it does not fulfill the project’s on-site parking requirement, the applicant is replacing two parallel on-street parking spaces along Main Street with nine angled on-street parking spaces. The remainder of the nine commercial parking spaces will be satisfied by participation in the parking in-lieu fee program. The In-Lieu Parking program was established in 1993 per City Council Resolution 6522 for certain properties within the Downtown Parking Master Plan area based on a shared parking concept. Visitors to the downtown area will usually park once and patronize multiple establishments and locations in one trip. The objective of the program is to facilitate traffic and pedestrian movement in the Downtown core, and provide future opportunities for additional parking. Additional parking opportunities are created by the parking in-lieu fee program that would serve the project and maximize utilization of the parking supply for the downtown area. The parking in-lieu fee program creates programs such as valet, re-striping, shuttle trolley, and other similar programs resulting in the provision of additional parking or construction of surface or structured parking and associated design costs in District 1 of the DTSP. Furthermore, within the shared parking environment of the downtown core, on-street parking and parking facilities serve multiple uses in the vicinity. The restriping of the on-street parking directly in front the development will provide additional parking for commercial patrons. Special Permit The DTSP allows minor deviation from development standards through a special permit process when the Planning Commission can determine that greater benefits from the project can be provided than if all minimum requirements were met. The Special Permit results in a greater benefit from the project and will promote a better living environment because it allows for a larger common open space in the form of a deck on the fourth floor that is partially open to the sky. Additionally, due to the bend on Main Street and the fact that the south west portion of the building is setback, the project provides a larger than req uired public open space that is open to the sky. This also allows residents to maximize their views on their decks. In order to comply with the upper story requirement along the third floor, the ground floor building façade would lose many of its unique architectural features along the front of the building in order to come closer to the street, thereby, creating a flatter design with no articulation. Additionally, it would reduce both the common and public open space. The special permit would allow for a mixed-use project with unique and quality architecture that includes a more contemporary architectural theme consisting of flat roofs, tower elements, large window glazing systems, and metal awnings. In addition, building volumes are articulated with variation in wall planes to reduce building massing and provide a larger public open space. Similar mixed-use projects have been approved near the subject site (Townsquare and Plaza Almeria); therefore, the request would also be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. It is important to note that the majority of newer buildings in the downtown have received some relief from the strict application of the upper story setbacks. Staff supports the proposed project’s site layout, design, and architecture because despite the requested deviations, it results in a project that is consistent with the scope and intent of the development in the downtown and supported by the General Plan and the Downtown Specific Plan. The proposed project will not conflict with the identified goals, policies, and objectives contained in the General Plan. Staff recommends approval of the proposed subdivision, project, and a special permit. HB -207-Item 7. - 64 PC Staff Report 01/23/18 13 18sr02 – Main St. Mixed-Use SUMMARY: Staff recommends approval of Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001, based upon the following: - Consistent with the site’s General Plan land use and zoning designations; - Complies with the Downtown Specific Plan (DTSP), except for the Special Permit Request; - Provides for the creation of new housing units in the City; - Compatible with surrounding uses and the urban environment of the Downtown; - Allows for a mixed-use project with unique and quality architecture; - Provides significant setbacks and offsets along the rear and the south side yard setback; - Variation in wall plane reduces building massing and provides a larger public and common open space; - Meets the requirements of the Subdivision Map Act; and - The project will not impede public access or conflict with any public recreation policies. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval for Tentative Tract Map No. 18068, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 2. Site plans, floor plans, elevations dated and received November 6, 2017, Tentative Tract Map dated and received July 7, 2017, and Upper Story Setback graphic received and dated December 12, 2017 3. Narrative received and dated December 18, 2017 4. Code Requirements Letter (for informational purposes only), dated January 17, 2018 5. Mitigation Monitoring and Reporting Program 6. Traffic Analysis Report received and dated July 07, 2017 7. Communication JJ:JC:kdc HB -208-Item 7. - 65 Project Description/Request: 414-424 Main Street, Huntington Beach, California APN’s 024-134-04 &05 Zoning: Downtown Specific Plan – District 1 Mixed-Use The project site consists of 18,725 square feet or approximately 0.43 acres. The proposed project consists of a four- story (45’ tall) mixed-use project consisting of three (3) one-bedroom and seventeen (17) two-bedroom residential for sale, luxury condominium units located on the 2nd, 3rd and 4th floors. The residential component will consist of a total of 33,304 square feet. The one-bedroom units are 1,189 square feet each and the two-bedroom units range from 1,474 to 1,850 square feet. The ground floor facing Main Street will consist of approximately 5,000 square feet of commercial space. The number of code required parking spaces for the residential totals 45 spaces and will all be provided on-site within one level of subterranean parking and at grade spaces located off the alley. The number of code required parking spaces for the commercial totals 15 spaces, 5 of which will be provided at grade off the alley, the remaining 10 space requirement will be met via the payment of parking “in-lieu’ fees. It should also be noted that in addition to and over and above the code required parking, 9 net new angled street parking spaces will be added on Main Street by means of the elimination of existing driveway curb cuts. First Floor (at grade) – 5,000 square feet of commercial fronting Main Street, along with 7 parking spaces and a loading space located off the alley Second Floor – 7 residential condominiums Third Floor – 7 residential condominiums Fourth Floor – 6 residential condominiums, along with an 1,886 square foot community common lounge space fronting Main Street and partially open to the sky. Each of the residential units have private open space provided which exceeds the code requirement. The open space is in the form of outdoor patios and decks which vary in size to be consistent with the unique articulation of the building façade. The patios and decks are setback from the building “façade” by well over the minimum requirement of 10 feet as described in the DTSP. Due to an interpretation of the language of the DTSP with regard to the third-floor setback requirement, Staff have recommended that a request for Special Permit be submitted for a deviation from the 10 foot “average” setback for third and fourth floors as described in the DTSP. The Applicant believes that the building setback complies with the language of the DTSP with regards to the third-floor setback. In addition, the Applicant has provided a number of additional building setbacks and open spaces which are not required in the DTSP and therefore are not considered when applying the language of the DTSP to the overall building design. The building exterior will consist of a number of natural materials and textures. Board formed concrete, natural stone, sustainable wood siding and ceiling elements, smooth stucco and concrete siding. This project will also include all mandated “green building” improvements, as well as, voluntary “green building” standards such as: Bicycle storage Covered/shaded parking Large windows to provide natural daylighting Window shading elements Durable exterior materials Energy efficient noise reducing Lo - E windows Light colored flat roof to reflect heat of sun RCVD. 12.8.17 ATTACHMENT NO. 3.1 HB -209-Item 7. - 66 Low/no-VOC paints Recycling chute Programmable thermostats High efficacy lighting Occupancy sensors Energy Star appliances Water efficient fixtures/toilets Range hoods vent to outside Construction waste to be diverted from landfill Drought tolerant planting. High-efficiency irrigation system. All required environmental studies have been completed. Surrounding Properties: North – 428 Main Street and beyond consists of one and two story retail/office buildings South – 410 Main Street Jax Bicycle Center and at-grade parking lot East – Located to the rear of the project across the alley are both single family and multifamily residential units West – Across Main Street consists of one and two-story retail/office buildings along with at-grade parking Operating Hours for 5,000 SF of Commercial – Proposed 7am to 10pm The Downtown Specific Plan, requires that all at grade commercial facing Main Street consist of “Visitor Serving Commercial”, which it will, but the predominant population served this far north on Main Street is Huntington Beach locals. We feel the location and overall design of the building will be better served for businesses that cater to the local community. Number of Employees – Estimated at approximately 20 RCVD. 12.8.17 ATTACHMENT NO. 3.2 HB -210-Item 7. - 67 ATTACHMENT NO. 4.1 HB -211-Item 7. - 68 HUNTINGTON BEACH PLANNING DIVISION PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: JANUARY 17, 2018 PROJECT NAME: MAIN STREET MIXED-USE PLANNING APPLICATION NO. PLANNING APPLICATION NO. 17-030 ENTITLEMENTS: TENTATIVE TRACT MAP NO. 18086 CONDITIONAL USE PERMIT NO. 17-011 COASTAL DEVELOPMENT PERMIT NO. 17-003 SPECIAL PERMIT NO. 17-001 DATE OF PLANS: NOVEMBER 06, 2017 PROJECT LOCATION: 414-424 MAIN STREET, EAST SIDE OF MAIN ST., BETWEEN ORANGE AVE. AND PECAN AVE.) PLAN REVIEWER: JOANNA CORTEZ TELEPHONE/E-MAIL: (714) 374-1547/JOANNA.CORTEZ@SURFCITY-HB.ORG PROJECT DESCRIPTION: TTM: To consolidate six parcels into approximately 0.42 net acre lot for condominium purposes CUP/CDP: to permit 1) the construction of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on-site commercial parking spaces, and a one-level subterranean parking structure consisting of 40 residential parking spaces on a 0.42 acre site and 2) to participate in the parking in-lieu fee program for nine commercial parking spaces SP: to permit a 2.55 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided should final project approval be received. If you have any questions regarding these requirements, please contact the Plan Reviewer. 1. Prior to submittal of the final tract parcel map to the Public Works Department for processing and approval, the following shall be required: a. An Affordable Housing Agreement in accord with Section 230.26 of the ZSO. (HBZSO Section 230.26) ATTACHMENT NO. 4.2 HB -212-Item 7. - 69 Page 2 of 7 b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Community Development Department and approved by the City Attorney. The CC&Rs shall identify the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) c. Final parcel/tract map review fees shall be paid, pursuant to the fee schedule adopted by resolution of the City Council (City of Huntington Beach Community Development Department Fee Schedule). (HBZSO Section 254.16) d. Park Land In-Lieu Fees shall be paid pursuant to the requirements of HBZSO Section 254.08 – Parkland Dedications. The fees shall be paid and calculated according to a schedule adopted by City Council resolution (City of Huntington Beach Community Development Department Fee Schedule). (Ordinance No. 3562, Resolution Nos. 2002-56 and 2002-57) 2. Prior to submittal for building permits, the following shall be completed: a. A minimum of 14 days prior to submittal for building permits, an application for address assignment, along with the corresponding application processing fee and applicable plans (as specified in the address assignment application form), shall be submitted to the Community Development Department. (City Specification No. 409) 3. The following conditions shall be completed prior to issuance of a grading permit: a. The final map shall be recorded with the County of Orange. (HBZSO Section 253.22) 4. The following conditions shall be completed prior to issuance of Building Permits: a. The final map shall be recorded with the County of Orange. (delete if listed prior to issuance of grading permit) (HBZSO Section 253.22) b. A Mitigation Monitoring Fee for EIR No. 89-01, shall be paid to the Community Development Department pursuant to the fee schedule adopted by resolution of the City Council. (City of Huntington Beach Community Development Department Fee Schedule) c. A planned sign program for all signage shall be submitted to the Community Development Department. Said program shall be approved prior to the first sign request. (HBZSO Section 233.04.B) d. The Downtown Specific Plan fee shall be paid. (Resolution No. 5328) 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (HBMC 8.40.090) 6. The Departments of Planning and Building, Public Works and Fire shall be responsible for ensuring compliance with all conditions of approval herein as noted after each condition. The Community ATTACHMENT NO. 4.3 HB -213-Item 7. - 70 Page 3 of 7 Development Director and Public Works Director shall be notified in writing if any changes to parcel/tract map are proposed during the plan check process. Permits shall not be issued until the Community Development Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s /Zoning Administrator'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 /Zoning Administrator may be required pursuant to the HBZSO. (HBZSO Section 241.10) 7. Tentative Tract Map No. 18086 shall not become effective until the ten calendar day appeal period has elapsed from Planning Commission. (HBZSO Section 251.12) 8. Tentative Tract Map No. 18086, Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 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 Community Development Director pursuant to a written request submitted to the Planning Division a minimum 60 days prior to the expiration date. (HBZSO Section 251.14 and 251.16) 9. The subdivision and development shall comply with all applicable requirements of the Municipal Code, Community Development Department, and Fire Department, as well as all applicable local, State and Federal Codes, Ordinances and standards, except as noted herein. (City Charter, Article V) 10. Construction shall be limited to Monday – Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. (HBMC 8.40.090) 11. The applicant shall submit a check in the amount of $3,218 for the Department of Fish and Game and $50 for the posting of a 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 Division within two (2) days of the Planning Commission’s action. (California Code Section 15094) 12. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with Community Development Department and Public Works for code requirements. Substantial changes may require approval by the Planning Commission/Zoning Administrator. (HBZSO Section 232.04) 13. The site plan, floor plans, and elevations approved by the Planning Commission shall be the conceptually approved design (with the following modifications): a. Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (HBZSO Chapter 231) b. The project shall comply with the following development standards of the Downtown Specific Plan: i. Sustainable or “green” building practices (DTSP Section 3.2.2) ii. Vehicular access ways and alleys (DTSP Section 3.2.6) iii. Landscaping (DTSP Section 3.2.12) iv. Refuse and recycling collection areas (DTSP Section 3.2.19) v. Awnings (DTSP Section 3.2.23) vi. Utilities (DTSP Section 3.2.28) vii. Public open space (DTSP Section 3.3.1.15) ATTACHMENT NO. 4.4 HB -214-Item 7. - 71 Page 4 of 7 viii. Public art (DTSP Section 3.3.1.17) c. The site plan shall include all utility apparatus, such as but not limited to, backflow devices and Edison transformers. Utility meters shall be screened from view from public right-of-ways. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be not be located in the front yard setback and shall be screened from view. (HBZSO Section 230.76) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback a minimum of 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 proposed screening must be submitted for review and approval with the application for building permit(s). (HBZSO Section 230.76) e. The site plan and elevations shall include the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items. If located on a building, they shall be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. (HBZSO Section 230.76) f. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. (HBZSO 231.18.C) g. Bicycle parking facilities shall be provided in accordance with the provisions of HBZSO Section 231.20 – Bicycle Parking. (HBZSO Section 231.20) 14. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (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, 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. (AQMD Rule 1403) b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. (AQMD Rule 1403) c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. (AQMD Rule 1403) 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. (AQMD Rule 1403) 15. Prior to issuance of grading permits, the following shall be completed: ATTACHMENT NO. 4.5 HB -215-Item 7. - 72 Page 5 of 7 a. Prior to submittal of a landscape plan, the applicant shall provide a Consulting Arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (Resolution No. 4545) b. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Community Development Department for review and approval. (HBZSO Section 232.04) c. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36” box tree or palm equivalent (13’-14’ of trunk height for Queen Palms and 8’-9’ of brown trunk). (CEQA Categorical Exemption Section 15304) d. “Smart irrigation controllers” and/or other innovative means to reduce the quantity of runoff shall be installed. (HBZSO Section 232.04.D) e. Standard landscape code requirements apply. (HBZSO Chapter 232) f. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (HBZSO Section 232.04.B) g. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (HBZSO Section 232.06.A) h. The Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Said Arborist report shall be incorporated onto the Landscape Architect’s plans as construction notes and/or construction requirements. The report shall include the Arborist’s name, certificate number and the Arborist’s wet signature on the final plan. (Resolution-4545) OR A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees. Said Arborist signature shall be incorporated onto the Landscape Architect’s plans and shall include the Arborist’s name, certificate number and the Arborist’s wet signature on the final plan. (Resolution No. 4545) 5. Prior to issuance of building permits, the following shall be completed: a. The applicant shall enter into an agreement to reserve a minimum of 15 percent of the approved units for low or moderate income families, as a result of the density bonus, as stipulated in Section 65915 of the Government Code. The applicant's compliance with Section 65915 of the Government Code in terms of type and location of affordable units shall be subject to the review and approval of the Community Development Director. This agreement shall be reviewed and approved as to form and content by the City Attorney. (HBZSO Section 230.14) b. An Affordable Housing Agreement in accord with Section 230.26 of the ZSO. (HBZSO Section 230.26) c. All new commercial and industrial development and all new residential development not covered by Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance, except for mobile home parks, shall pay a park fee, pursuant to the provisions of HBZSO Section 230.20 – ATTACHMENT NO. 4.6 HB -216-Item 7. - 73 Page 6 of 7 Payment of Park Fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (City of Huntington Beach Community Development Department Fee Schedule) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Existing street tree(s) to be inspected by the City Inspector during removal of concrete and prior to replacement thereof. Tree replacement or root/tree protection, will be specified upon the inspection of the root system. (Resolution No. 4545) b. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (HBMC 8.40.090) 7. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit and issuance of a Certificate of Occupancy until the following has been completed: a. The applicant shall stripe the parking lot to conform to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. (HBZSO Chapter 231) b. Complete all improvements as shown on the approved grading, landscape and improvement plans. (HBMC 17.05) c. All trees shall be maintained or planted in accordance to the requirements of Chapter 232. (HBZSO Chapter 232) d. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (HBZSO Section 232.04.D) e. An onsite 36” box tree or the palm equivalent shall be provided in the front yard, and a 24” box tree shall be provided in the parkway to meet the Huntington Beach; Zoning and Subdivision Ordinance, the Arboricultural and Landscape Standards and Specifications, and the Municipal Code. (HBZSO Section 232.08, Resolution 4545, HBMC 13.50) f. The provisions of the Water Efficient Landscape Requirements shall be implemented. (HBMC 14.52) 12. Tentative Tract Map No. 18106 and Conditional Use Permit No. 17-010 shall not become effective until the appeal period following the approval of the entitlement has elapsed. ((HBZSO Section 241.14) 13. The Planning Commission reserves the right to revoke Tentative Tract Map No. 18106 and Conditional Use Permit No. 17-010 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. (HBZSO Section 241.16.D) 14. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) ATTACHMENT NO. 4.7 HB -217-Item 7. - 74 Page 7 of 7 shall be obtained from the Planning and Building Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. (HBZSO Chapter 233) 15. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. ATTACHMENT NO. 4.8 HB -218-Item 7. - 75 HUNTINGTON BEACH BUILDING DIVISION PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: July 21 2017 PROJECT NAME: Main Street Mixed Use PLANNING APPLICATION NO.: Planning Application No. 2017-030 ENTITLEMENTS: Conditional Use Permit No. 2017-008/Coastal Development Permit No. 2017-003/Design Review No. 2017-003/Tentative Tract Map No. 2017-009 DATE OF PLANS: July 7, 2017 PROJECT LOCATION: 414-424 Main Street, 92648 (between Orange Ave. and Pecan Ave.) PROJECT PLANNER: Joanna Cortez, Assistant Planner PLAN REVIEWER: MARK CARNAHAN TELEPHONE/E-MAIL: (714) 374-1792/mcarnahan@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 4-STORY MIXED-USE BUILDING WITH 20 RESIDENTIAL UNITS AND 5,000 SQUARE FEET OF COMMERCIAL ON THE FIRST FLOOR. PROPOSAL INCLUDES ONE LEVEL OF SUBTERRANEAN PARKING AND 9 NEW STREET PARKING SPACES. (2ND SUBMITTAL) The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer.  REQUIREMENT:  Development Impact Fees will be required for new construction.  Submit separate plans for all disciplines; Building 3 sets, MEP 2 sets each.  Landscape plan is a separate submittal for irrigation and plants only. No accessory structures or flat work will be reviewed on the landscape plans.  All site work for accessibility will be reviewed and inspected based on the approved architectural plans.  All accessory and minor accessory structures including site MEP will be on separate permits.  CODE REQUIREMENTS BASED ON PLANS & DRAWINGS SUBMITTED:  Project shall comply with the current state building codes adopted by the city at the time of permit application submittal. Currently they are 2016 California Building Code (CBC), 2016 ATTACHMENT NO. 4.9 HB -219-Item 7. - 76 Page 2 of 4 California Mechanical Code, 2016 California Plumbing Code, 2016 California Electrical Code, 2016 California Energy Code, 2016 California Green Building Standards Code, and the Huntington Beach Municipal Code (HBMC). Compliance to all applicable state and local codes is required prior to issuance of building permit.  Provide building code analysis including type of construction, allowable area and height, occupancy group requirements, exterior wall ratings per Chapter 5 and 7 of egress per the 2016 CBC.  Provide Building Data to show:  Type(s) of building construction  Building with fire sprinkler system  Occupancy groups  Building area and height must comply with Chapter 5 of 2016 CBC – a. Provide building analysis to show floor areas, building area, and allowable floor area/building area. b. Provide building height analysis to show building height, and allowable building height. c. For mixed use and occupancy, please comply with Section 508 of 2016 CBC.  Provide complete site plan –  Show accessible paths of travel from public sidewalk to the building entrances along with maximum slope of 5%; and cross slope of 2%.  Show location of all curb ramps/truncated domes within the accessible paths of travel.  Identify location of all property lines.  Show set back distances between exterior walls/projections and property lines.  Each Floor level, please show the set back between exterior walls (both above ground and underground structures) and property line.  Please indicate on Roof plan the proposed use of roof deck. For group A-3 occupancy, please check the type of building construction.  For openings in exterior walls, please comply with Table 705.8 of CBC.  Please check required light and ventilation for all residential units to comply with Section 1203 and 1205 of 2016 CBC.  Emergency escape and rescue must comply with Section 1029 of 2016 CBC.  Provide compliance to disabled accessibility requirements of Chapter 11A and/or 11B of the 2016 CBC.  Parking spaces shall comply with Sections 11B-208 and 11B-501.  All required exits on grade must be accessible to disabled persons.  Show the accessible paths of travel from all required exits to public way.  The accessible path of travel cannot across the parking entrances with cross slope exceed 2%. Please clarify.  All apartment units must comply with Chapter 11A of 2016 CBC. ATTACHMENT NO. 4.10 HB -220-Item 7. - 77 Page 3 of 4  For mixed use and occupancy, please comply with Sections 508 and 510 of 2016 CBC.  Provide egress plans – Chapter 10 of 2016 CBC  Show the occupant loads in each area/room/floor along with occupant load factors.  Show the exit paths of travel along with distances of travel.  Show location of all fire rated corridors.  Show location of all fire rated exit passageways.  All stairways shafts must comply with Section 1022 of 2016 CBC.  Show required egress for all occupied roof decks.  The middle stair enclosure exits into a vehicular way?  Elevators –  Elevator shafts must comply with Section 713.14 of 2016 CBC.  Distance to elevators must comply with Section 11B-206.2.3.2 of 2016 CBC.  Elevators must comply with Section 11B-407 of 2016 CBC.  Parking Garage must comply with Section 406 of 2016 CBC.  Provide mechanical ventilation system per Section 406.6.2.  Review and provide compliance with Title 17 of the City of Huntington Beach Municipal Code, Building and Construction. This document can be found online on the city’s website.  For projects that will include multiple licensed professions in multiple disciplines, i.e. Architect and professional engineers for specific disciplines, a Design Professional in Responsible Charge will be requested per the 2016 CBC, Section 107.3.4.  In addition to all of the code requirements of the 2016 California Green Building Standards Code, specifically address Construction Waste Management per Sections 4.408.2, 4.408.3, 4.408.4, 5.408.1.1, 5.408.1.2, and 5.408.1.3 and Building Maintenance and Operation, Section 5.410. Prior to the issuance of a building permit the permitee will be required to describe how they will comply with the sections described above. Prior to Building Final Approval, the city will require a Waste Diversion Report per Sections 4.408.5 and 5.408.1.4.  The City of Huntington Beach has adopted the 2016 California Green Building Standards Code, including Sections 4.106.4.1 for Electric Vehicle (EV) Charging for New Construction, and 5.106.5.3 Electric Vehicle (EV) Charging.  COMMENTS:  Planning and Building Department encourage the use of pre-submittal building plan check meetings.  Separate Building, Mechanical, Electrical and Plumbing Permits will be required for all exterior accessory elements of the project, including but not limited to: fireplaces, fountains, sculptures, light poles, walls and fences over 42” high, retaining walls over 2’ high, detached trellises/patio covers, gas piping, water service, backflow anti-siphon, electrical, meter pedestals/electrical panels, swimming pools, storage racks for industrial/commercial projects. It will be the design professional in charge, responsibility to coordinate and submit the documents for the work described above. ATTACHMENT NO. 4.11 HB -221-Item 7. - 78 Page 4 of 4  Provide on all plan submittals for building, mechanical, electrical and plumbing permits, the Conditions of Approval and Code Requirements that are associated with the project through the entitlement process. If there is a WQMP, it is required to be attached to the plumbing plans for plan check. ATTACHMENT NO. 4.12 HB -222-Item 7. - 79 CITY OF HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: July 31, 2017 PROJECT NAME: Main Street Mixed Use PLANNING APPLICATION NO.: Planning Application No. 2017-030 ENTITLEMENTS: Conditional Use Permit No. 2017-008/Coastal Development Permit No. 2017-003/Design Review No. 2017-003/Tentative Tract Map No. 2017-009 DATE OF PLANS: July 7, 2017 PROJECT LOCATION: 414-424 Main Street, 92648 (between Orange Ave. and Pecan Ave.) PROJECT PLANNER: Joanna Cortez, Assistant Planner PLAN REVIEWER: Steve Eros, Fire Protection Analyst TELEPHONE/E-MAIL: (714) 536-5531/Steve.Eros@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 4-STORY MIXED-USE BUILDING WITH 20 RESIDENTIAL UNITS AND 5,000 SQUARE FEET OF COMMERCIAL ON THE FIRST FLOOR. PROPOSAL INCLUDES ONE LEVEL OF SUBTERRANEAN PARKING AND 9 NEW STREET PARKING SPACES. (2ND SUBMITTAL) The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated July 7, 2017. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. The review comments below are not to be construed as being all inclusive. The project is required to comply with all of the adopted Building, Fire, and Municipal Codes in effect at the time of grading and building plan submittal for permit issuance. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: Steve Eros, Fire Protection Analyst. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: ATTACHMENT NO. 4.13 HB -223-Item 7. - 80 Page 2 of 9 Fire Master Plan The Fire Master Plan shall be completed and approved prior to precise grading plan or building plan approval. A separate Fire Master Plan is required for submittal to the HBFD. It shall be a site plan reflecting all the following fire department related items:  Fire hydrant locations, public and private.  FDC locations.  Dimensions from FDC’s to hydrants.  DCDA locations.  Fire sprinkler riser locations and location of system serving.  FACP locations.  Knox box and knox switch locations.  Fire lane signage and striping.  Property dimensions or accurate scale.  Building locations and heights.  Building addresses and suite addresses. (FD) Environmental The following items shall be completed prior to rough or precise grading plan approval. Environmental - Elevated levels of methane or other soil gases in the area. Methane Mitigation Requirements. 1) The proposed construction is within the City of Huntington Beach Methane District. Due to an abandoned oil well located within 100 feet of the footprint of the structure / facility, any new structure is required to be equipped with a methane barrier in accordance with City Specification 429. Testing for methane gas is required and additional methane mitigation requirements may apply based on the test results. ATTACHMENT NO. 4.14 HB -224-Item 7. - 81 Page 3 of 9 Methane safety measures per City Specification # 429, Methane District Building Permit Requirements shall be detailed on a separate sheet titled “METHANE PLAN” and two copies submitted to the Fire Department for review and approval. (FD) 2) Prior to building and grading plan approval, the following shall be completed: a. Work Plan submittal. A methane gas sampling work plan shall be submitted to the HBFD for review and concurrence prior to sampling. b. Summary / tabulations / conclusions report. Once sampling is complete, the soil gas testing results (summary / tabulations / conclusions report) shall be submitted to the HBFD for review and concurrence. c. Based on soil gas sampling results, additional methane mitigation (in addition to the required methane barrier and venting system) may be required. City Specification # 431-92 Soil Clean-Up Standards testing is required. Based on site characteristics, suspected soil contamination, proximity to a producing/abandoned oil well, or Phase I, II, or III Site Audit, soil testing conforming to City Specification # 431-92 Soil Clean-Up Standards is required. All soils shall conform to City Specification # 431-92 Soil Clean-Up Standards prior to the issuance of a building permit. Building plans shall reference that “All soils shall conform to City Specification # 431-92 Soil Clean-Up Standards” in the plan notes. Prior to the issuance of Grading or Building Permits, the following is required to demonstrate compliance with City Specifications # 429 and # 431-92: 1) Soil Sampling Work Plan: Render the services of a qualified environmental consultant to prepare and submit a soil sampling work plan to the HBFD for review and approval. Once the HBFD reviews and approves the submitted work plan, the sampling may commence. Note: Soil shall not be exported to other City of Huntington Beach locations without first being demonstrated to comply with City Specification # 431-92 Soil Clean Up Standards. Also, any soil proposed for import to the site shall first be demonstrated to comply with City Specification # 431-92. 2) Soil Sampling Lab Results: Conduct the soil sampling in accordance with the HBFD approved work plan. After the sampling is conducted, the lab results (along with the Environmental Consultants summary report) for methane and # 431-92 testing shall be submitted to the HBFD for review. 3) Remediation Action Plan: If contamination is identified, provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification #431-92, Soil Cleanup Standard. All soils shall conform to City Specification # 431-92 Soil Clean-Up Standards prior to the issuance of a grading or building permit. (FD) ATTACHMENT NO. 4.15 HB -225-Item 7. - 82 Page 4 of 9 Discovery of soil contamination/pipelines, etc., must be reported to the Fire Department immediately and an approved remedial work plan submitted. (FD) Remediation Action Plan. If soil contamination is identified, the applicant must provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification #431-92, Soil Cleanup Standard. Upon remediation action plan approval, a rough grading permit may be issued. (FD) Imported Soil Plan. All imported soil shall meet City Specification #431-92, Soil Cleanup Standards. An “Imported Soil Work Plan” must be submitted to the Fire Department for review and approval prior to importing any soil from off site. Once approved, the soil source can be sampled per the approved work plan, then results sent to the HBFD for review. No rough grade will be approved prior to the actual soil source approval. Multiple soil sources required separate sampling as per the approved work plan, with no soil being imported until each source has been verified to meet the CS #431-92 requirements. (FD) Fire Apparatus Access The following items shall be completed prior to rough or precise grading plan approval. Fire Access Roads shall be provided and maintained in compliance with City Specification # 401, Minimum Standards for Fire Apparatus Access. Driving area shall be capable of supporting a fire apparatus (75,000 lbs and 12,000 lb point load). Minimum fire access road width is twenty- four feet (24’) wide, with thirteen feet six inches (13’ 6”) vertical clearance. Fire access roads fronting commercial buildings shall be a minimum width of twenty-six feet (26’) wide, with thirteen feet six inches (13’ 6”) vertical clearance. For Fire Department approval, reference and demonstrate compliance with City Specification # 401 Minimum Standards for Fire Apparatus Access on the plans. (FD) As per Section 503.1.1 of the Huntington Beach Fire Code, apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Hose Pull Lengths – The fire apparatus access road shall comply with the requirements of Section 503.1.1 of the Huntington Beach Fire Code. All access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Note: The project cannot meet the 150 foot hose pull requirement, but the HBFD has tentatively approved an Alternate Materials and Methods (AM&M) proposal with the applicant. In lieu of the building’s perimeter being within 150 feet of a fire access road the project will perform the following upgrades to the Fire Alarm System. ATTACHMENT NO. 4.16 HB -226-Item 7. - 83 Page 5 of 9 1. All smoke alarms within residential units will be upgraded to smoke detectors and tied into the fire alarm system. This will allow the HBFD to quickly identify the location of a smoke event. 2. A graphic annunciator will be installed at the Main lobby. 3. The fire alarm system will be upgraded to a voice evacuation system so fire fighters will have the ability to communicate with the occupants in the event of an emergency. Emergency Escape and Rescue openings shall be required per CBC and CFC Section 1029. Demonstrate compliance with these code sections on the plans. No Parking shall be allowed in the designated 24 foot wide fire apparatus access road or supplemental fire access per City Specification # 415. For Fire Department approval, reference and demonstrate compliance with City Specification # 415 Minimum Standards for Fire Apparatus Access on the plans. (FD) Fire Lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification #415, Fire Lanes Signage and Markings on Private, Residential, Fire Suppression Systems The following items shall be completed prior to issuance of a certificate of occupancy. Fire Extinguishers shall be installed and located in all areas to comply with Huntington Beach Fire Code standards found in City Specification #424. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) Fire Alarm System is required. A building fire alarm system is required. For Fire Department approval, shop drawings shall be submitted to the Fire Department as separate plans for permits and approval. For Fire Department approval, reference and demonstrate compliance with CFC Chapter 9 and NFPA 72 on the plans. A C-10 electrical contractor, certified in fire alarm systems, must certify the system is operational annually. (FD) Automatic Fire Sprinklers are required. NFPA13 Automatic fire sprinkler systems are required per Huntington Beach Fire Code for new buildings with “fire areas” 5000 square feet or more or for buildings 10,000 square feet or more. Separate plans (two sets) shall be submitted to the Fire Department for permits and approval. Automatic fire sprinkler systems must be maintained operational at all times, with maintenance inspections performed quarterly and the system serviced every five years by a state licensed C-16 Fire Protection Contractor. ATTACHMENT NO. 4.17 HB -227-Item 7. - 84 Page 6 of 9 For Fire Department approval, reference that a fire sprinkler system will be installed in compliance with the California Fire Code, NFPA 13, and City Specification # 420 - Automatic Fire Sprinkler Systems in the plan notes. NOTE: When buildings under construction are more than one (1) story in height and required to have automatic fire sprinklers, the fire sprinkler system shall be installed and operational to protect all floors lower than the floor currently under construction. Fire sprinkler systems for the current floor under construction shall be installed, in-service, inspected and approved prior to beginning construction on the next floor above. Exception: Buildings entirely of Type 1 or Type 2 construction. (FD) Fire Department Connections (FDC) to the automatic fire sprinkler systems shall be located in an approved location. (FD) Class 1 Standpipes (2 ½” NFH connections) are required at each stairway. The standpipe system in stairwells cannot protrude into, impede, or compromise the CBC “Exit Width” requirements. For Fire Department approval, reference and portray Class 1 standpipes at each stairway in the plan notes. (FD) Fire Hydrants and Water Systems The following items shall be completed prior to issuance of a certificate of occupancy. Fire Hydrants are required. Hydrants must be portrayed on the site plan. Hydrants shall be installed and in service before combustible construction begins. Installation of hydrant and service mains shall meet NFPA 13 and 24, 2013 Edition, California Fire Code Appendix B and C, and City Specification # 407 Fire Hydrant Installation Standards requirements. Maximum allowed velocity of fire flow in supply piping is 12 fps. Plans shall be submitted to Public Works and approved by the Public Works and Fire Departments for connection to street main and DCDA. For Fire Department approval of all piping downstream of the DCDA and the private hydrant, submit a separate plan to the HBFD reflecting the fire hydrant location and meeting all requirements of the 2013 CFC, NFPA 13 and 24, and City Specification #407 Fire Hydrant Installation Standards. Reference this in the plan notes. (FD) On-Site Fire Service Piping (FSP) Application for permit from the HBFD shall be made for on- site Fire Service Piping (FSP), including but not limited to, private fire service mains and underground sprinkler laterals. Maximum allowed velocity of fire flow in supply piping is 12 fps. Additionally, application for permit shall be made for fire protections systems (sprinklers, alarms, chemical, fire pumps, etc.) as applicable. Permits may be obtained at the City of Huntington Beach Department Fire Department by completing a Fire Permit Form (available at Fire Administration) and submitting such plans and specifications as required by the bureau of fire prevention. A permit constitutes permission to begin work in accordance with approved plans and specifications. The permit fee includes plan checking and inspections by an authorized fire prevention inspector. Development reviews/approvals by the bureau of fire ATTACHMENT NO. 4.18 HB -228-Item 7. - 85 Page 7 of 9 prevention during planning do not constitute approval to perform FSP or fire protection system work, unless otherwise noted. (FD) Fire Personnel Access Main Secured Building Entries shall utilize a KNOX® Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Please contact the Huntington Beach Fire Department Administrative Office at (714) 536-5411 for information. Reference compliance with City Specification #403 - KNOX® Fire Department Access in the building plan notes. (FD) Roof Access is required. At least one stair shall extend to the roof from grade level and have an exterior door available for fire fighter access. (FD) Fire Sprinkler System Controls access shall be provided, utilizing a KNOX® Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. The approximate location of the system controls shall be noted on the plans. Reference compliance in the plan notes. (FD) Elevators shall be sized to accommodate an ambulance gurney. Minimum interior dimensions are 7 feet (84”) wide by 4 feet 3 inches (51”) deep. Minimum door opening dimensions are 3 feet 6 inches (42”) wide right or left side opening. Center opening doors require a 4 feet 6 inches (54”) width. For Fire Department approval, reference and demonstrate compliance on the building plans. (FD) Addressing and Street Names The following items shall be completed prior to issuance of a certificate of occupancy. Commercial Building Address Numbers shall be installed to comply with City Specification #428, Premise Identification. Building address number sets are required on front and rear of the structure and shall be a minimum of ten inches (10”) high with one and one half inch (1 ½”) brush stroke. Note: Units shall be identified with numbers per City Specification # 409 Street Naming and Address Assignment Process. Unit address numbers shall be a minimum of four inches (4”) affixed to the units front and rear door. All address numbers are to be in a contrasting color. For Fire Department approval, reference compliance with City Specification #428 Premise Identification in the plan notes and portray the address location on the building. (FD) GIS Mapping Information The following items shall be completed prior to issuance of a certificate of occupancy. ATTACHMENT NO. 4.19 HB -229-Item 7. - 86 Page 8 of 9 a. GIS Mapping Information shall be provided to the Fire Department in compliance with GIS Department CAD Submittal Guideline requirements. Minimum submittals shall include the following:  Site plot plan showing the building footprint.  Specify the type of use for the building  Location of electrical, gas, water, sprinkler system shut-offs.  Fire Sprinkler Connections (FDC) if any.  Knox Access locations for doors, gates, and vehicle access.  Street name and address. Final site plot plan shall be submitted in the following digital format and shall include the following:  Submittal media shall be via CD rom to the Fire Department.  Shall be in accordance with County of Orange Ordinance 3809.  File format shall be in .shp, AutoCAD, AUTOCAD MAP (latest possible release ) drawing file - .DWG (preferred) or Drawing Interchange File - .DXF.  Data should be in NAD83 State Plane, Zone 6, Feet Lambert Conformal Conic Projection.  Separate drawing file for each individual sheet. In compliance with Huntington Beach Standard Sheets, drawing names, pen colors, and layering convention. and conform to City of Huntington Beach Specification # 409 – Street Naming and Addressing. For specific GIS technical requirements, contact the Huntington Beach GIS Department at (714) 536-5574. For Fire Department approval, reference compliance with GIS Mapping Information in the building plan notes. (FD) Building Construction The following items shall be completed prior to issuance of a certificate of occupancy. Subterranean Parking Garage - Ventilation Systems must have emergency smoke evacuation capability. A zoned, mechanical smoke and combustible products removal system, with manual controls for firefighters located in the fire control room shall be provided. This shall include an emergency power source. System shall also comply with Building Code and be adequate to exhaust carbon monoxide (CO). (FD) Emergency Responder Radio Coverage is required throughout all portions of the structure(s) as per Chapter 5 of the CFC. A separate plan must be submitted to the HBFD for method of addressing this requirement. System must be tested, certified and then inspected once building construction is primarily complete but before the certificate of occupancy will be issued. (FD) ATTACHMENT NO. 4.20 HB -230-Item 7. - 87 Page 9 of 9 Stairwell Required Minimum Widths. Standpipe systems in stairwell areas shall not impede code required minimum widths. (FD) 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. Reference compliance in the plan notes. (FD) Egress Illumination/Emergency Exit Lighting with emergency back-up power is required. Provide means of egress illumination per HBFC 604.2.4 and UBC 1003.2.9. (FD) Exit Ways and Aisles Plan is required for this project. HBFC section 408.2.1.Plans shall be submitted indicating the seating arrangement, location and width of exit ways and aisles for approval and an approved copy of the plan shall be kept on display on the premises. (FD) THE FOLLOWING CONDITIONS SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access And Site Safety shall be maintained during project construction phases in compliance with CFC Chapter 33, Fire Safety During Construction And Demolition. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants: The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City’s website at www.surfcity-hb.org If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. ATTACHMENT NO. 4.21 HB -231-Item 7. - 88 ATTACHMENT NO. 4.22 HB -232-Item 7. - 89 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: December 18, 2017 PROJECT NAME: Main Street Mixed Use PLANNING APPLICATION NO.: Planning Application No. 2017-030 ENTITLEMENTS: Conditional Use Permit No. 2017-008/Coastal Development Permit No. 2017-003/Design Review No. 2017-003/Tentative Tract Map No. 2017-009 DATE OF PLANS: July 7, 2017 PROJECT LOCATION: 414-424 Main Street, 92648 (between Orange Ave. and Pecan Ave.) PROJECT PLANNER: Joanna Cortez, Assistant Planner PLAN REVIEWER: Kellee Fritzal, Office of Business Development TELEPHONE/E-MAIL: (714) 374-1547/Joanna.Cortez@surfcity-hb.org PROJECT DESCRIPTION: TO PERMIT A 4-STORY MIXED-USE BUILDING WITH 20 RESIDENTIAL UNITS AND 5,000 SQUARE FEET OF COMMERCIAL ON THE FIRST FLOOR. PROPOSAL INCLUDES ONE LEVEL OF SUBTERRANEAN PARKING AND 9 NEW STREET PARKING SPACES. (2ND SUBMITTAL) The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. Office of Business Development Comments: 1) Retail Space, in lieu of creating 3 small tenant spaces, it may be best to find tenants that greater space. 2) Parking in-lieu Usage: a. The fee is $28,830 per space b. The fees have been used for: i. Construction underway of a 41 metered space at 1st and Atlanta Avenue. ii. Shuttle Services for 4th of July, US Open from City Hall to augment Downtown Parking. iii. 25 spaces at 5th and PCH (Strand Project). iv. Trial period of Bike Valet Downtown 3) The Office would support the use of the Parking in-lieu on this project due to the additional street parking in the area/potential shared parking ability (live-work) ATTACHMENT NO. 4.23 HB -233-Item 7. - 90 ATTACHMENT NO. 4.24 HB -234-Item 7. - 91 ATTACHMENT NO. 4.25 HB -235-Item 7. - 92 ATTACHMENT NO. 4.26 HB -236-Item 7. - 93 ATTACHMENT NO. 4.27 HB -237-Item 7. - 94 ATTACHMENT NO. 4.28 HB -238-Item 7. - 95 ATTACHMENT NO. 4.29 HB -239-Item 7. - 96 ATTACHMENT NO. 4.30 HB -240-Item 7. - 97 ATTACHMENT NO. 4.31 HB -241-Item 7. - 98 Crime Prevention Through Environmental Design CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: July 19, 2017 PROJECT NAME: Main Street Mixed Use PLANNING APPLICATION NO.: Planning Application No. 2017-030 ENTITLEMENTS: Conditional Use Permit No. 2017-008/Coastal Development Permit No. 2017-003/Design Review No. 2017-003/Tentative Tract Map No. 2017-009 DATE OF PLANS: July 7, 2017 PROJECT LOCATION: 414-424 Main Street, 92648 (between Orange Ave. and Pecan Ave.) PROJECT PLANNER: Joanna Cortez, Assistant Planner PLAN REVIEWER: Jan Thomas, CPTED Consultant - HBPD TELEPHONE/E-MAIL: (949) 290-1604 / jckthomas@cox.net PROJECT DESCRIPTION: TO PERMIT A 4-STORY MIXED-USE BUILDING WITH 20 RESIDENTIAL UNITS AND 5,000 SQUARE FEET OF COMMERCIAL ON THE FIRST FLOOR. PROPOSAL INCLUDES ONE LEVEL OF SUBTERRANEAN PARKING AND 9 NEW STREET PARKING SPACES. (2ND SUBMITTAL) The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. No Change to prior recommendations dated 3-14-17 MBoldt #2842. STAIRWELL SAFETY Concern: Stairwells offer little visibility. Recommend: Consider a window on the stairwell wall that faces the exterior of the building. This will allow natural light, as well as potential surveillance opportunities from the exterior. At minimum, install surveillance cameras at the doors of the stairwells, and the interior of the stairwell. Ensure the stairwell is well-lighted 24 hours. ATTACHMENT NO. 4.32 HB -242-Item 7. - 99 ROOM NEXT TO 2nd, 3rd, and 4th floor ELEVATOR Concern: What is this room? It is adjacent to the elevator. Its use is unknown. Recommend: Design the area around the elevators and stairwells to allow visibility into this area, therefore eliminating any areas of possible concealment. SURVEILLANCE CAMERAS Concern: Provide visibility in these areas: Garage, exit, entrance, hallways, community recreational space, and roof deck. Recommend: Use surveillance cameras, consistent lighting, and signs stating that there are surveillance cameras. COMMUNITY RECREATIONAL AREA Concern: There is a concern of potential conflict between the users of this Community Recreational Area and the surrounding residents. Recommend: Behavior rules and Community Recreational Areas hours to be established and enforced. ROOF SAFETY Concern: The wall on the roof should be high enough to prevent someone from easily climbing over, or falling. Recommend Maintain a 3’- 5’ setback on the roof between the mesh screen and the edge of the roof. Install the mesh screen to a height at least 5’ to mitigate the possibility of someone falling over the screen. ATTACHMENT NO. 4.33 HB -243-Item 7. - 100 Page 3 of 3 PARKING GARAGE PUBLIC SAFETY COMMUNICATIONS Concern: Public safety radios transmissions Recommend: It is imperative that an effective antenna be installed so that emergency personnel can receive/transmit in the parking structure. Install an 800 MHz system. POLICE ACCESS Concern: Is there a Knox-Box? Police must have access. Recommend: If there is a Knox-Box on the property, install a “duel” Knox-Box to ensure police officers, as well as firefighters have access to the property. PARKING GARAGE VISIBILITY Concern: Visibility and safety in the parking garage. Recommend: Paint the interior white to reflect light. Ensure that lighting covers every corner, as well as the areas between the vehicles. Install surveillance cameras, and post signs. If there is on-site security, the parking garage should be a priority for patrol. ATTACHMENT NO. 4.34 HB -244-Item 7. - 101 Mitigation Monitoring Checklist For: 414-424 MAIN STREET MIXED-USE Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments Air Quality MM 4.2-1: During construction, demolition and remodel activities, the following Best Available Control Measure shall be implemented where feasible: •Dust Control •Apply soil stabilizers to inactive areas. •Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. •Stabilize previously disturbed areas if subsequent construction is delayed. •Water exposed surfaces and haul roads 3 times per day. •Cover all stock piles with tarps. •Replace ground cover in disturbed areas as soon as feasible. •Reduce speeds on unpaved roads to less than 15 mph. •Exhaust Emissions •Require 90-day low-NORXR tune-ups for off-road equipment. •Limit allowable idling to 5 minutes for trucks and heavy equipment. •Utilize equipment whose engines are equipped with diesel oxidation catalysts if available. • Utilize diesel particulate filter on heavy equipment where feasible. •Utilize low emission mobile construction equipment. •Utilize existing power sources when available, minimizing the use of higher polluting gas or diesel generators. Contract language and notes on grading and building plans Plan check prior to issuance of a grading permit x Acknowledged. Mitigation will be noted on plans and implemented by contractor. RCVD. 1.17.18 ATTACHMENT NO. 5.1HB -245-Item 7. - 102 Mitigation Monitoring Checklist City of Huntington Beach page 2 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments • Configure construction parking to minimize traffic interference. • Plan construction to minimize lane closures on existing streets. • A full listing of construction emission controls is included in the Air Quality Assessment for Huntington Beach Downtown Specific Plan dated April 13, 2009 (Appendix B). • Painting and Coatings • Use low VOC coatings and high pressure-low volume sprayers. MM 4.2-2: The City shall require by contract specifications that all diesel-powered equipment used would be retrofitted with after-treatment products (e.g., engine catalysts and other technologies available at the time construction commences) to the extent that they are readily available and cost effective when construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Huntington Beach. Contract language and notes on building plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-3: The City shall require by contract specifications that alternative fuel construction equipment (e.g., compressed natural gas, liquid petroleum gas, and unleaded gasoline) would be utilized to the extent feasible at the time construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Huntington Beach. Contract language and notes on building plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-4: The City shall require that developers within the project site use locally available building materials such as concrete, stucco, and interior finishes for construction of the project and associated infrastructure. Contract language and notes on building plans Plan check prior to issuance of a building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.2HB -246-Item 7. - 103 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments MM 4.2-5: The City shall require developers within the project site to establish a construction management plan with Rainbow Disposal to divert a target of 50% of construction, demolition, and site clearing waste. Construction management plan Plan check prior to issuance of a demolition, grading or building permit (whichever comes first) X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.6-6: The City shall require by contract specifications that construction equipment engines will be maintained in good condition and in proper tune per manufacturer’s specification for the duration of construction. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Huntington Beach. Contract language and notes on building plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-7: The City shall require by contract specifications that construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. Diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than five minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Huntington Beach. Contract language and notes on building plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-8: The City shall require that any new development within the Specific Plan area provide signs within loading dock areas clearly visible to truck drivers. These signs shall state that trucks cannot idle in excess of five minutes per trip. Notes and details on building plans Plan check prior to issuance of building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-9: The City shall require by contract specifications that electrical outlets are included in the building design of future loading docks to allow use by refrigerated delivery trucks. Future project-specific applicants shall require that all delivery trucks do Contract language and notes on building plans Plan check prior to issuance of a building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.3HB -247-Item 7. - 104 Mitigation Monitoring Checklist City of Huntington Beach page 4 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments not idle for more than five minutes. If loading and/or unloading of perishable goods would occur for more than five minutes, and continual refrigeration is required, all refrigerated delivery trucks shall use the electrical outlets to continue powering the truck refrigeration units when the delivery truck engine is turned off. MM 4.2-10: The City shall require that any new development within the project site provide a bulletin board or a kiosk in the lobby of each proposed structure that identifies the locations and schedules of nearby transit opportunities. Notes and details on building plans Plan check prior to issuance of building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-11: The property owner/developer of individual projects within the DTSP will reduce operation-related emissions through implementation of practices identified in SCAQMD’s CEQA Handbook and the URBEMIS v9.2.4, some of which overlap. Specific measures are delineated in the DTSP Air Quality Assessment (Volume II, Appendix B). Contract language and notes on building plans Plan check prior to issuance of a building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.2-12: The following measures, based on these sources, shall be implemented by the property applicant to reduce criteria pollutant emissions from projects associated with the DTSP Update. Additionally, support and compliance with the AQMP for the basin are the most important measures to achieve this goal. The AQMP includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Additionally, energy conservation measures are included. • Transportation Demand Management (TDM) Measures 1. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. Presumably, this measure would improve traffic flow into and out of the parking lot. The air quality benefits are incalculable because Site plan review Prior to site plan approval X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.4HB -248-Item 7. - 105 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments more specific data is required. 2. Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. Again, the areas where this measure would be applicable are the intersections in and near the project area. Presumably, these measures would improve traffic flow. Emissions would drop as a result of the higher traffic speeds, but to an unknown extent. Improvement plans Plan check prior to issuance of a building permit 3. Synchronize traffic signals. The areas where this measure would be applicable are roadway intersections within the project area. This measure would be more effective if the roadways beyond the project limits are synchronized as well. The air quality benefits are incalculable because more specific data is required Capital Improvement Program budget and individual improvement plans Plan check prior to issuance of a building permit 4. Ensure that sidewalks and pedestrian paths are installed throughout the project area. Project site plan Prior to site plan approval • Energy Efficient Measures Acknowledged. The project will include all mandated “green building” improvements, as well as: light colored flat roof to reflect heat of sun, energy efficient noise reducing lo-E windows, programmable thermostats, and high efficacy lighting. 1. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. Project building plans and specifications Plan check prior to issuance of a building permit 2. Install energy efficient street lighting. 3. Capture waste heat and reemploy it in nonresidential buildings. This measure is applicable to the ATTACHMENT NO. 5.5HB -249-Item 7. - 106 Mitigation Monitoring Checklist City of Huntington Beach page 6 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments commercial buildings in the project. 4. Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. This measure reduces the need for cooling energy in the summer. 5. Introduce window glazing, wall insulation, and efficient ventilation methods. 6. Install low-emission water heaters, and use built-in, energy-efficient appliances. Biological Resources MM 4.14-1: Prior to the onset of ground disturbance activities, the project developer shall implement the following mitigation measure which entails nesting surveys and avoidance measures for sensitive nesting and MBTA species, and appropriate agency consultation. • Nesting habitat for protected or sensitive species: 1. Vegetation removal and construction shall occur between September 1 and January 31 whenever feasible. Developer shall submit construction schedule (including grading activities) as evidence of construction overlap with breeding season. Plan check prior to issuance of a grading permit or demolition permit X 1. Acknowledged. Mitigation will be noted on plans and implemented by contractor. 2. The site has been graded and no vegetation exists which would affect any nesting habitat. 2. Prior to any construction or vegetation removal between February 15 and August 31, a nesting survey shall be conducted by a qualified biologist of all habitats within 500 feet of the construction area. Surveys shall be conducted no less than 14 days and no more than 30 days prior to commencement of construction activities and surveys will be conducted in accordance with California Department of Fish and If construction occurs during relevant breeding, developer shall present a survey report (prepared by a consultant approved by the City) to the City prior to issuance of a Prior to construction or site disturbance X ATTACHMENT NO. 5.6HB -250-Item 7. - 107 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments Game (CDFG) protocol as applicable. If no active nests are identified on or within 500 feet of the construction site, no further mitigation is necessary. A copy of the pre-construction survey shall be submitted to the City of Huntington Beach. If an active nest of a MBTA protected species is identified onsite (per established thresholds), a 250-foot no- work buffer shall be maintained between the nest and construction activity. This buffer can be reduced in consultation with CDFG and/or U.S. Fish and Wildlife Service. grading permit. If nest are found, developer shall submit plans identifying nest locations and limits of construction activities 3. Completion of the nesting cycle shall be determined by a qualified ornithologist or biologist. 3. No nesting habitat exists at the site. Cultural Resources MM 4.3-1: If changes are proposed to properties or buildings listed in the City of Huntington Beach General Plan Historic and Cultural Resources Element and/or on any state or national historic register, the City shall require preparation of a report from a qualified architectural historian regarding the significance of the site/structure. Based on the results of the report, further mitigation, such as preservation, restoration, or salvaging of materials, shall be identified and implemented as recommended by a qualified architectural historian. Historic resources report prepared by qualified architectural historian Prior to project approval Not applicable, the site is vacant. MM 4.3-2: During construction activities, if archaeological and/or paleontological resources are encountered, the contractor shall be responsible for immediate notification and securing of the site area immediately. A qualified archaeologist and/or paleontologist approved by the City of Huntington Beach Planning Director shall be retained to establish procedures for temporarily halting or Notes on grading plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.7HB -251-Item 7. - 108 Mitigation Monitoring Checklist City of Huntington Beach page 8 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments redirecting work to permit sampling, identification, and evaluation of cultural resource finds. If major archaeological and/or paleontological resources are discovered that require long-term halting or redirecting of grading, a report shall be prepared identifying such findings to the City and the County of Orange. Discovered cultural resources shall be offered to the County of Orange or its designee on a first-refusal basis. Research design and recovery plan, if required Throughout ground- disturbing activities MM 4.3.-3: During construction activities, if human remains are discovered, work shall be halted and the contractor shall contact the City’s designated representative on the project and the Orange County Coroner until a determination can be made as to the likelihood of additional human remains in the area. If the remains are thought to be Native American, the coroner shall notify the Native American Heritage Commission who will ensure that proper treatment and disposition of the remains occurs. Notes on grading plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. Geology and Soils MM 4.4-1: Future development in the DTSP area shall prepare a grading plan, subject to review and approval by the City’s development services departments, to contain the recommendations of the required final soils and geotechnical report. These recommendations shall be implemented in the design of the project, including but not limited to measures associated with site preparation, fill placement, temporary shoring and permanent dewatering, groundwater seismic design features, excavation stability, foundations, soils stabilization, establishment of deep foundations, concrete slabs and pavements, surface drainage, cement type and corrosion measures, erosion control, shoring and internal bracing, and plan review. Notes on grading plan and building plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.8HB -252-Item 7. - 109 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments Hazardous Materials MM 4.5-1: The City of Huntington Beach shall require a Phase One assessment on properties within the Downtown Specific Plan area, including properties utilized for oil production activities, proposed for development to assure that any hazardous materials/contaminated soils present on the property are identified and remediated in accordance with City specifications 422, 429 and 431-92. All native and imported soils associated with a project shall meet the standards outlined in City Specification No. 431-92 prior to approval of grading and building plans by the Huntington Beach Fire Department. Additionally, all work at a project site shall comply with the City’s Public Works Department requirements (e.g., haul route permits). Phase One assessment Plan check prior to issuance of a grading or building permit X Phase I Site Evaluation identified potential areas of impact s to site soils and a Phase II assessment was conducted. All contaminated soil was properly removed from the site. Acknowledged. Mitigation will be noted on plans and implemented by contractor. Haul route permit MM 4.5-2: In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction in the project area, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that 1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post- development and 2) describes measures to be taken to protect workers and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post-development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., Huntington Beach Fire Risk management plan and site health and safety plan, if required Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.9HB -253-Item 7. - 110 Mitigation Monitoring Checklist City of Huntington Beach page 10 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. Hydrology and Water Quality MM 4.6-1: Prior to issuance of any grading or building permits and/or prior to recordation of any subdivision maps, the applicant of any new development or significant redevelopment projects shall submit to the Department of Public Works a Water Quality Management Plan (WQMP) emphasizing implementation of LID principles and addressing hydrologic conditions of concern. WQMPs shall be in compliance with the current California Regional Water Quality Control Board (RWQCB) Santa Ana Region, Waste Discharge Requirements permit, and all Federal, State and local regulations. Water Quality Management Plan (WQMP) Plan check prior to issuance of grading permit X A preliminary WQMP has been prepared by civil engineer and submitted with application package. The Public Works Department has reviewed and conceptually approved the preliminary WQMP. Mitigation will be noted on plans and contractor will implement mitigation measures. MM 4.6-2: Prior to issuance of any grading or building permits, a hydrology and hydraulic analysis shall be submitted to the Department of Public Works for review and approval (10-, 25-, and 100-year storms and back-to-back storms shall be analyzed). In addition, this study shall include 24-hour peak back-to-back 100-year storms for onsite detention analysis. The drainage improvements shall be designed and constructed as required by the Department of Public Works to mitigate impact of increased runoff due to development, or deficient, downstream systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100- year frequency. Hydrology and hydraulic analysis Plan check prior to issuance of grading permit X A preliminary Hydrology Study has been prepared by civil engineer and submitted with application package. The Public Works Department has reviewed and conceptually approved the preliminary hydrology Study. Mitigation will be noted on plans and contractor will implement mitigation measures. MM 4.6-3: Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of one or more acres of land, the applicant shall demonstrate that Notice of Intent (NOI) and Waste Discharge Identification (WDID) Plan check prior to issuance of a Not applicable; the property is less than one acre. ATTACHMENT NO. 5.10HB -254-Item 7. - 111 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments coverage has been obtained under California’s General Permit for Stormwater Discharges associated with construction activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to this requirement shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) conforming to the current National Pollution Discharge Elimination System (NPDES) requirements, which shall be submitted to the Department of Public Works for review and acceptance. SWPPPs shall be in compliance with the current NPDES General Permit for Storm Water Discharges associated with construction activity. Storm Water Pollution Prevention Plan, if required grading or building permit MM 4.6-4: Prior to the issuance of a building permit, the developer or applicant shall submit detailed Landscape Architectural plans by a State Licensed Landscape Architect that shall include a designed irrigation system that eliminates surface runoff and meets the City’s Water Efficient Landscape Ordinance (MC-14.52) requirements and a detailed planting plan that specifies appropriate California Native and other water conserving plants materials. In addition, there shall be a maintenance program submitted that addresses the use of fertilizers and pesticides to meet the requirements of the City Integrated Pest Management, Pesticide and Fertilizer Management Guidelines, the Water Quality Management Plan, and the County Drainage Area Master Plan. These plans shall be reviewed and approved by the City of Huntington Beach Public Works and Planning Departments. The landscaping shall be installed and maintained in conformance with the approved plan, the maintenance program and the City Zoning and Subdivision Ordinance requirements. Landscape plans Plan check prior to issuance of a building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.11HB -255-Item 7. - 112 Mitigation Monitoring Checklist City of Huntington Beach page 12 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments MM 4.6-5: Prior to the issuance of a building permit, the developer shall submit to the City Department of Planning for approval a plan outlining specific planning measures to be taken to minimize or reduce risks to property and human safety from tsunami during operation. Planning measures could include but would not be limited to the following: • Provision of tsunami safety information to all project residents and businesses, in addition to posting in public locations on site; • Identification of the method for transmission of tsunami watch and warnings to residents, business owners and people on site in the event a watch or warning is issued; • Identification of an evacuation site for persons on-site in the event of a tsunami warning. Tsunami risk management plan Plan check prior to issuance of a building permit Acknowledged and an acceptable tsunami risk management plan shall be provided to the City during plan check. Noise MM 4.8-1: Noise attenuation devices shall be used on all construction equipment, and construction staging areas shall be located as far as possible from any residences or other noise sensitive receptors. Contract language and notes on grading and building plans Plan check prior to issuance of a grading permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.8-2: Prior to issuance of building permits for residences located within the 65 CNEL noise contour, a detailed noise assessment with noise reduction measures specified shall be prepared to show that noise levels in those areas will not exceed the 65 CNEL outdoor noise criteria. Prior to issuance of permits, a detailed noise assessment with noise reduction measures specified shall be prepared to show that noise levels in the residences will not exceed the 45 CNEL indoor noise standard. The assessment will be based on the architectural plans for each Detailed noise assessment prepared by a qualified acoustical consultant Plan check prior to issuance of a residential building permit X Acknowledged. Best Management Practices has been prepared by civil engineer and submitted with application package. Mitigation will be noted on plans and contractor will implement mitigation measures. ATTACHMENT NO. 5.12HB -256-Item 7. - 113 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments specific project. The reports by a qualified acoustical consultant and shall document the sources of noise impacting the areas and describe any measures required to meet the standard. These measures will be incorporated into the project plans. The report shall be completed and approved by the City prior to issuance of building permits. MM 4.8-3: Prior to issuance of building permits, a detailed noise assessment shall be prepared for mixed-use and commercial projects within 50 feet of any residence to ensure that these sources do not exceed the City’s Noise Ordinance limits. The assessment shall be prepared by a qualified acoustical engineer and shall document the noise generation characteristics of the proposed equipment and the projected noise levels at the nearest residential use. Compliance with the City’s Noise Ordinance shall be demonstrated and any measures required to comply with the Noise Ordinance and reduce impacts to less-than-significant levels shall be included in the project plans. The report shall be completed and approved by the City prior to issuance of project approval. Detailed noise assessment prepared by a qualified acoustical consultant Prior to project approval X Acknowledged. The nearest residential uses are located across the alley approximately 35 feet from the proposed mixed use project. To ensure that the proposed project will comply with maximum noise levels permitted by the City’s Noise Ordinance (and result in a less than significant impact) an acoustical report was prepared at the time of application submittal. The report documents the noise characteristics of the proposed project and recommends several measures to ensure sound attenuation and noise mitigation, which will be noted on the project plans and implemented by the contractor. A copy of the report will remain in the project file with this checklist. Public Services MM 4.10-1: New construction within the Downtown Specific Plan Area shall be designed to provide for safety measures (e.g., alarm systems, security lighting, other on-site security measures and crime prevention through environmental design policies) and subject to the review and approval of the City Planning Department and Huntington Beach Police Department. Building plans notes and details Plan check prior to issuance of a building permit X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.10-2: Subject to the City’s annual budgetary process, which considers available funding and the staffing levels needed to provide acceptable response time for fire and police services, the City shall provide sufficient funding to maintain the City’s Annual City budget Annual City budget process X Acknowledged. In addition, since the adoption of the DTSP Program EIR (and this mitigation measure), the City has adopted a Development Impact Fee for new development to pay a fair share toward the provision ATTACHMENT NO. 5.13HB -257-Item 7. - 114 Mitigation Monitoring Checklist City of Huntington Beach page 14 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments standard, average level of service through the use of General Fund monies. of police and fire facilities to further ensure that funding is available for necessary improvements to occur as projects are constructed and growth occurs over time. The proposed project will be required to pay the Police and Fire DIF in effect at the time of building permit issuance. Transportation/Traffic MM 4.12-2: Prior to Year 2030, the following mitigation measure options shall be implemented: Acknowledged. A project level traffic impact analysis was prepared for the proposed project. The traffic impact analysis concludes that project traffic will not result in changes to the level of service for existing, project buildout, and horizon year conditions. Therefore, the project would result in a less than significant impact on the City’s circulation system. While the project’s individual contribution would not result in level of service changes at the study intersections, the project would contribute to an incremental increase in traffic. However, the project is subject to payment of a Circulation System Development Impact Fee to cover its fair share contribution for improvements required to meet level of service standards. • Implement right-turn overlap signal phasing for southbound Goldenwest Street. This would bring the PM peak hour to LOS D. A right-turn overlap for southbound Goldenwest Street would require that u- turn movements on eastbound Pacific Coast Highway be prohibited. AND Capital Improvement Program budget Street Improvement plans Prior to Year 2030 X • Provide two eastbound and westbound through lanes on Orange Avenue. This would achieve Level of Service D in the evening peak hour. This improvement would require the removal of street parking on both Capital Improvement Program budget Street Improvement plans Prior to Year 2030 X ATTACHMENT NO. 5.14HB -258-Item 7. - 115 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments sides of Orange Avenue on either side of Lake Street. AND/OR • Installation of a signal at this intersection would achieve acceptable Level of Service operation. MM 4.13-1: To ensure that there are no adverse impacts associated with the future Downtown Specific Plan development projects during construction, Applicant/developer/ builder/contractor shall coordinate with utility and service organizations prior to the commencement of construction. Grading and building plans notes and details Prior to start of construction X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.13-2: Individual development projects within the Downtown Specific Plan Area will require connections to existing water, sewer, and utility lines in the City and may require construction of new water pipeline facilities. All connections to existing water and wastewater infrastructure will be designed and constructed per the requirements and standards of the City of Huntington Beach Public Works Department. Connections to any OCSD sewer line shall be designed to OCSD standards. Such installation shall be coordinated, reviewed, and approved by the appropriate City departments and applicable agencies. Grading and building plans notes and details Prior to start of construction X Acknowledged. Mitigation will be noted on plans and implemented by contractor. MM 4.13-3: Each development project is required to implement separate water conservation measures that support major water conservation efforts. The following water saving technologies can be implemented on a project basis to comply with statewide Building plans and landscape plans notes and details Prior to issuance of building permits X Acknowledged. Mitigation will be noted on plans and implemented by contractor. ATTACHMENT NO. 5.15HB -259-Item 7. - 116 Mitigation Monitoring Checklist City of Huntington Beach page 16 Downtown Specific Plan Update Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments water goals and water conservation measures that can further assist in meeting the 20% reduction goal. • Waterless urinals should be specified in all public areas, including restaurants and commercial bathrooms. • Low-flush toilets should be installed in all new residential units and encouraged through rebates or other incentives in existing homes. • Low-flow shower heads and water faucets should be required in all new residential and commercial spaces and encouraged in existing developed properties. • Water efficient kitchen and laundry room appliances should be encouraged through rebates for both residential and commercial units. • Landscaping should be completed with drought tolerant plants and native species. • Irrigation plans should use smart controllers and have separated irrigation meters. MM 4.13-4: As individual development occurs within the Downtown Specific Plan area, additional hydraulic studies shall be performed to verify that water pipes will adequately support each specific project. A sewer study shall be prepared for Public Works Department review and approval. A fourteen (14) day or longer flow test data shall be included in the study. The location and number of monitoring test sites, not to exceed three, to be determined by the Public Works Department. Hydraulic study and sewer study Prior to issuance of building permits X A preliminary Hydrology Study has been prepared by civil engineer and submitted with application package. The Public Works Department has reviewed and conceptually approved the preliminary hydrology Study. Final plans will be prepared and approved prior to issuance of building permits. MM 4.13-5: As individual development occurs within the Downtown Specific Plan Area, each development shall be required to pay for the development’s fair share of infrastructure Proof of payment of fair share of electrical systems infrastructure Prior to issuance of building Acknowledged. ATTACHMENT NO. 5.16HB -260-Item 7. - 117 Mitigation Measure Implementation Documentation Timing Future On-going Complete/Date Comments improvements to electrical systems per Southern California Edison requirements. improvements permits MM 4.13-6: To ensure adequate water supply for future developments, and to be consistent with Senate Bill 610 and Senate Bill 221, a separate water supply assessment will be required for individual projects at the time the project is submitted to the City, for all projects that are subject under the Water Code Section 10912 (a), which includes residential development of more than 500 dwelling units, a commercial building greater than 250,000 sq. ft., a hotel or motel with more than 500 rooms, or a project creating the equivalent demand of 500 residential units. Project water supply assessment Prior to start of construction Not applicable. ATTACHMENT NO. 5.17HB -261-Item 7. - 118 ATTACHMENT NO. 6.1 HB -262-Item 7. - 119 ATTACHMENT NO. 6.2 HB -263-Item 7. - 120 ATTACHMENT NO. 6.3 HB -264-Item 7. - 121 ATTACHMENT NO. 6.4 HB -265-Item 7. - 122 ATTACHMENT NO. 6.5 HB -266-Item 7. - 123 ATTACHMENT NO. 6.6 HB -267-Item 7. - 124 ATTACHMENT NO. 6.7 HB -268-Item 7. - 125 ATTACHMENT NO. 6.8 HB -269-Item 7. - 126 ATTACHMENT NO. 6.9 HB -270-Item 7. - 127 ATTACHMENT NO. 6.10 HB -271-Item 7. - 128 ATTACHMENT NO. 6.11 HB -272-Item 7. - 129 ATTACHMENT NO. 6.12 HB -273-Item 7. - 130 ATTACHMENT NO. 6.13 HB -274-Item 7. - 131 ATTACHMENT NO. 6.14 HB -275-Item 7. - 132 ATTACHMENT NO. 6.15 HB -276-Item 7. - 133 ATTACHMENT NO. 6.16 HB -277-Item 7. - 134 ATTACHMENT NO. 6.17 HB -278-Item 7. - 135 ATTACHMENT NO. 6.18 HB -279-Item 7. - 136 ATTACHMENT NO. 6.19 HB -280-Item 7. - 137 ATTACHMENT NO. 6.20 HB -281-Item 7. - 138 ATTACHMENT NO. 6.21 HB -282-Item 7. - 139 ATTACHMENT NO. 6.22 HB -283-Item 7. - 140 ATTACHMENT NO. 6.23 HB -284-Item 7. - 141 ATTACHMENT NO. 6.24 HB -285-Item 7. - 142 ATTACHMENT NO. 6.25 HB -286-Item 7. - 143 ATTACHMENT NO. 6.26 HB -287-Item 7. - 144 ATTACHMENT NO. 6.27 HB -288-Item 7. - 145 ATTACHMENT NO. 6.28 HB -289-Item 7. - 146 ATTACHMENT NO. 6.29 HB -290-Item 7. - 147 ATTACHMENT NO. 6.30 HB -291-Item 7. - 148 ATTACHMENT NO. 6.31 HB -292-Item 7. - 149 ATTACHMENT NO. 6.32 HB -293-Item 7. - 150 ATTACHMENT NO. 6.33 HB -294-Item 7. - 151 ATTACHMENT NO. 6.34 HB -295-Item 7. - 152 ATTACHMENT NO. 6.35 HB -296-Item 7. - 153 ATTACHMENT NO. 6.36 HB -297-Item 7. - 154 ATTACHMENT NO. 6.37 HB -298-Item 7. - 155 ATTACHMENT NO. 6.38 HB -299-Item 7. - 156 ATTACHMENT NO. 6.39 HB -300-Item 7. - 157 ATTACHMENT NO. 6.40 HB -301-Item 7. - 158 ATTACHMENT NO. 6.41 HB -302-Item 7. - 159 ATTACHMENT NO. 6.42 HB -303-Item 7. - 160 ATTACHMENT NO. 6.43 HB -304-Item 7. - 161 ATTACHMENT NO. 6.44 HB -305-Item 7. - 162 ATTACHMENT NO. 6.45 HB -306-Item 7. - 163 ATTACHMENT NO. 6.46 HB -307-Item 7. - 164 ATTACHMENT NO. 6.47 HB -308-Item 7. - 165 ATTACHMENT NO. 6.48 HB -309-Item 7. - 166 ATTACHMENT NO. 6.49 HB -310-Item 7. - 167 ATTACHMENT NO. 6.50 HB -311-Item 7. - 168 ATTACHMENT NO. 6.51 HB -312-Item 7. - 169 ATTACHMENT NO. 6.52 HB -313-Item 7. - 170 ATTACHMENT NO. 6.53 HB -314-Item 7. - 171 ATTACHMENT NO. 6.54 HB -315-Item 7. - 172 ATTACHMENT NO. 6.55 HB -316-Item 7. - 173 ATTACHMENT NO. 6.56 HB -317-Item 7. - 174 ATTACHMENT NO. 6.57 HB -318-Item 7. - 175 ATTACHMENT NO. 6.58 HB -319-Item 7. - 176 ATTACHMENT NO. 6.59 HB -320-Item 7. - 177 ATTACHMENT NO. 6.60 HB -321-Item 7. - 178 ATTACHMENT NO. 6.61 HB -322-Item 7. - 179 ATTACHMENT NO. 6.62 HB -323-Item 7. - 180 ATTACHMENT NO. 6.63 HB -324-Item 7. - 181 ATTACHMENT NO. 6.64 HB -325-Item 7. - 182 ATTACHMENT NO. 6.65 HB -326-Item 7. - 183 ATTACHMENT NO. 6.66 HB -327-Item 7. - 184 ATTACHMENT NO. 6.67 HB -328-Item 7. - 185 ATTACHMENT NO. 6.68 HB -329-Item 7. - 186 ATTACHMENT NO. 6.69 HB -330-Item 7. - 187 ATTACHMENT NO. 6.70 HB -331-Item 7. - 188 ATTACHMENT NO. 6.71 HB -332-Item 7. - 189 ATTACHMENT NO. 6.72 HB -333-Item 7. - 190 ATTACHMENT NO. 6.73 HB -334-Item 7. - 191 ATTACHMENT NO. 6.74 HB -335-Item 7. - 192 ATTACHMENT NO. 6.75 HB -336-Item 7. - 193 ATTACHMENT NO. 6.76 HB -337-Item 7. - 194 ATTACHMENT NO. 6.77 HB -338-Item 7. - 195 ATTACHMENT NO. 6.78 HB -339-Item 7. - 196 ATTACHMENT NO. 6.79 HB -340-Item 7. - 197 ATTACHMENT NO. 6.80 HB -341-Item 7. - 198 ATTACHMENT NO. 6.81 HB -342-Item 7. - 199 ATTACHMENT NO. 6.82 HB -343-Item 7. - 200 ATTACHMENT NO. 6.83 HB -344-Item 7. - 201 ATTACHMENT NO. 6.84 HB -345-Item 7. - 202 ATTACHMENT NO. 6.85 HB -346-Item 7. - 203 ATTACHMENT NO. 6.86 HB -347-Item 7. - 204 ATTACHMENT NO. 6.87 HB -348-Item 7. - 205 ATTACHMENT NO. 6.88 HB -349-Item 7. - 206 ATTACHMENT NO. 6.89 HB -350-Item 7. - 207 ATTACHMENT NO. 6.90 HB -351-Item 7. - 208 ATTACHMENT NO. 6.91 HB -352-Item 7. - 209 ATTACHMENT NO. 6.92 HB -353-Item 7. - 210 ATTACHMENT NO. 6.93 HB -354-Item 7. - 211 ATTACHMENT NO. 6.94 HB -355-Item 7. - 212 ATTACHMENT NO. 6.95 HB -356-Item 7. - 213 ATTACHMENT NO. 6.96 HB -357-Item 7. - 214 ATTACHMENT NO. 6.97 HB -358-Item 7. - 215 ATTACHMENT NO. 6.98 HB -359-Item 7. - 216 ATTACHMENT NO. 6.99 HB -360-Item 7. - 217 ATTACHMENT NO. 6.100 HB -361-Item 7. - 218 ATTACHMENT NO. 6.101 HB -362-Item 7. - 219 ATTACHMENT NO. 6.102 HB -363-Item 7. - 220 ATTACHMENT NO. 6.103 HB -364-Item 7. - 221 ATTACHMENT NO. 6.104 HB -365-Item 7. - 222 ATTACHMENT NO. 6.105 HB -366-Item 7. - 223 ATTACHMENT NO. 6.106 HB -367-Item 7. - 224 ATTACHMENT NO. 6.107 HB -368-Item 7. - 225 ATTACHMENT NO. 6.108 HB -369-Item 7. - 226 ATTACHMENT NO. 6.109 HB -370-Item 7. - 227 ATTACHMENT NO. 6.110 HB -371-Item 7. - 228 ATTACHMENT NO. 6.111 HB -372-Item 7. - 229 ATTACHMENT NO. 6.112 HB -373-Item 7. - 230 ATTACHMENT NO. 6.113 HB -374-Item 7. - 231 ATTACHMENT NO. 6.114 HB -375-Item 7. - 232 ATTACHMENT NO. 6.115 HB -376-Item 7. - 233 ATTACHMENT NO. 6.116 HB -377-Item 7. - 234 ATTACHMENT NO. 6.117 HB -378-Item 7. - 235 ATTACHMENT NO. 6.118 HB -379-Item 7. - 236 ATTACHMENT NO. 6.119 HB -380-Item 7. - 237 ATTACHMENT NO. 6.120 HB -381-Item 7. - 238 ATTACHMENT NO. 6.121 HB -382-Item 7. - 239 ATTACHMENT NO. 6.122 HB -383-Item 7. - 240 ATTACHMENT NO. 6.123 HB -384-Item 7. - 241 ATTACHMENT NO. 6.124 HB -385-Item 7. - 242 ATTACHMENT NO. 6.125 HB -386-Item 7. - 243 ATTACHMENT NO. 6.126 HB -387-Item 7. - 244 ATTACHMENT NO. 6.127 HB -388-Item 7. - 245 ATTACHMENT NO. 6.128 HB -389-Item 7. - 246 ATTACHMENT NO. 6.129 HB -390-Item 7. - 247 ATTACHMENT NO. 6.130 HB -391-Item 7. - 248 ATTACHMENT NO. 6.131 HB -392-Item 7. - 249 ATTACHMENT NO. 6.132 HB -393-Item 7. - 250 ATTACHMENT NO. 6.133 HB -394-Item 7. - 251 ATTACHMENT NO. 6.134 HB -395-Item 7. - 252 ATTACHMENT NO. 6.135 HB -396-Item 7. - 253 ATTACHMENT NO. 6.136 HB -397-Item 7. - 254 ATTACHMENT NO. 6.137 HB -398-Item 7. - 255 ATTACHMENT NO. 6.138 HB -399-Item 7. - 256 ATTACHMENT NO. 6.139 HB -400-Item 7. - 257 ATTACHMENT NO. 6.140 HB -401-Item 7. - 258 ATTACHMENT NO. 6.141 HB -402-Item 7. - 259 ATTACHMENT NO. 6.142 HB -403-Item 7. - 260 ATTACHMENT NO. 6.143 HB -404-Item 7. - 261 ATTACHMENT NO. 6.144 HB -405-Item 7. - 262 ATTACHMENT NO. 6.145 HB -406-Item 7. - 263 ATTACHMENT NO. 6.146 HB -407-Item 7. - 264 ATTACHMENT NO. 6.147 HB -408-Item 7. - 265 ATTACHMENT NO. 6.148 HB -409-Item 7. - 266 ATTACHMENT NO. 6.149 HB -410-Item 7. - 267 ATTACHMENT NO. 6.150 HB -411-Item 7. - 268 ATTACHMENT NO. 6.151 HB -412-Item 7. - 269 ATTACHMENT NO. 6.152 HB -413-Item 7. - 270 ATTACHMENT NO. 6.153 HB -414-Item 7. - 271 ATTACHMENT NO. 6.154 HB -415-Item 7. - 272 ATTACHMENT NO. 6.155 HB -416-Item 7. - 273 ATTACHMENT NO. 6.156 HB -417-Item 7. - 274 ATTACHMENT NO. 6.157 HB -418-Item 7. - 275 ATTACHMENT NO. 6.158 HB -419-Item 7. - 276 ATTACHMENT NO. 6.159 HB -420-Item 7. - 277 ATTACHMENT NO. 6.160 HB -421-Item 7. - 278 ATTACHMENT NO. 6.161 HB -422-Item 7. - 279 ATTACHMENT NO. 6.162 HB -423-Item 7. - 280 ATTACHMENT NO. 6.163 HB -424-Item 7. - 281 ATTACHMENT NO. 6.164 HB -425-Item 7. - 282 ATTACHMENT NO. 6.165 HB -426-Item 7. - 283 ATTACHMENT NO. 6.166 HB -427-Item 7. - 284 ATTACHMENT NO. 6.167 HB -428-Item 7. - 285 ATTACHMENT NO. 6.168 HB -429-Item 7. - 286 ATTACHMENT NO. 6.169 HB -430-Item 7. - 287 ATTACHMENT NO. 6.170 HB -431-Item 7. - 288 ATTACHMENT NO. 6.171 HB -432-Item 7. - 289 ATTACHMENT NO. 6.172 HB -433-Item 7. - 290 ATTACHMENT NO. 6.173 HB -434-Item 7. - 291 ATTACHMENT NO. 6.174 HB -435-Item 7. - 292 ATTACHMENT NO. 6.175 HB -436-Item 7. - 293 ATTACHMENT NO. 6.176 HB -437-Item 7. - 294 ATTACHMENT NO. 6.177 HB -438-Item 7. - 295 ATTACHMENT NO. 6.178 HB -439-Item 7. - 296 ATTACHMENT NO. 6.179 HB -440-Item 7. - 297 ATTACHMENT NO. 6.180 HB -441-Item 7. - 298 ATTACHMENT NO. 6.181 HB -442-Item 7. - 299 ATTACHMENT NO. 6.182 HB -443-Item 7. - 300 ATTACHMENT NO. 6.183 HB -444-Item 7. - 301 ATTACHMENT NO. 6.184 HB -445-Item 7. - 302 ATTACHMENT NO. 6.185 HB -446-Item 7. - 303 ATTACHMENT NO. 6.186 HB -447-Item 7. - 304 ATTACHMENT NO. 6.187 HB -448-Item 7. - 305 ATTACHMENT NO. 6.188 HB -449-Item 7. - 306 ATTACHMENT NO. 6.189 HB -450-Item 7. - 307 ATTACHMENT NO. 6.190 HB -451-Item 7. - 308 ATTACHMENT NO. 6.191 HB -452-Item 7. - 309 ATTACHMENT NO. 6.192 HB -453-Item 7. - 310 ATTACHMENT NO. 6.193 HB -454-Item 7. - 311 ATTACHMENT NO. 6.194 HB -455-Item 7. - 312 ATTACHMENT NO. 6.195 HB -456-Item 7. - 313 ATTACHMENT NO. 6.196 HB -457-Item 7. - 314 ATTACHMENT NO. 6.197 HB -458-Item 7. - 315 ATTACHMENT NO. 6.198 HB -459-Item 7. - 316 ATTACHMENT NO. 6.199 HB -460-Item 7. - 317 ATTACHMENT NO. 6.200 HB -461-Item 7. - 318 ATTACHMENT NO. 6.201 HB -462-Item 7. - 319 ATTACHMENT NO. 6.202 HB -463-Item 7. - 320 ATTACHMENT NO. 6.203 HB -464-Item 7. - 321 ATTACHMENT NO. 6.204 HB -465-Item 7. - 322 ATTACHMENT NO. 6.205 HB -466-Item 7. - 323 ATTACHMENT NO. 6.206 HB -467-Item 7. - 324 ATTACHMENT NO. 6.207 HB -468-Item 7. - 325 ATTACHMENT NO. 6.208 HB -469-Item 7. - 326 ATTACHMENT NO. 6.209 HB -470-Item 7. - 327 ATTACHMENT NO. 6.210 HB -471-Item 7. - 328 ATTACHMENT NO. 6.211 HB -472-Item 7. - 329 ATTACHMENT NO. 6.212 HB -473-Item 7. - 330 ATTACHMENT NO. 6.213 HB -474-Item 7. - 331 ATTACHMENT NO. 6.214 HB -475-Item 7. - 332 ATTACHMENT NO. 6.215 HB -476-Item 7. - 333 ATTACHMENT NO. 6.216 HB -477-Item 7. - 334 ATTACHMENT NO. 6.217 HB -478-Item 7. - 335 ATTACHMENT NO. 6.218 HB -479-Item 7. - 336 ATTACHMENT NO. 6.219 HB -480-Item 7. - 337 ATTACHMENT NO. 6.220 HB -481-Item 7. - 338 ATTACHMENT NO. 6.221 HB -482-Item 7. - 339 ATTACHMENT NO. 6.222 HB -483-Item 7. - 340 ATTACHMENT NO. 6.223 HB -484-Item 7. - 341 ATTACHMENT NO. 6.224 HB -485-Item 7. - 342 ATTACHMENT NO. 6.225 HB -486-Item 7. - 343 ATTACHMENT NO. 6.226 HB -487-Item 7. - 344 ATTACHMENT NO. 6.227 HB -488-Item 7. - 345 ATTACHMENT NO. 6.228 HB -489-Item 7. - 346 ATTACHMENT NO. 6.229 HB -490-Item 7. - 347 ATTACHMENT NO. 6.230 HB -491-Item 7. - 348 ATTACHMENT NO. 6.231 HB -492-Item 7. - 349 ATTACHMENT NO. 6.232 HB -493-Item 7. - 350 ATTACHMENT NO. 6.233 HB -494-Item 7. - 351 ATTACHMENT NO. 6.234 HB -495-Item 7. - 352 ATTACHMENT NO. 6.235 HB -496-Item 7. - 353 ATTACHMENT NO. 6.236 HB -497-Item 7. - 354 ATTACHMENT NO. 6.237 HB -498-Item 7. - 355 ATTACHMENT NO. 6.238 HB -499-Item 7. - 356 ATTACHMENT NO. 6.239 HB -500-Item 7. - 357 ATTACHMENT NO. 6.240 HB -501-Item 7. - 358 ATTACHMENT NO. 6.241 HB -502-Item 7. - 359 ATTACHMENT NO. 6.242 HB -503-Item 7. - 360 ATTACHMENT NO. 6.243 HB -504-Item 7. - 361 ATTACHMENT NO. 6.244 HB -505-Item 7. - 362 ATTACHMENT NO. 6.245 HB -506-Item 7. - 363 ATTACHMENT NO. 6.246 HB -507-Item 7. - 364 ATTACHMENT NO. 6.247 HB -508-Item 7. - 365 ATTACHMENT NO. 6.248 HB -509-Item 7. - 366 ATTACHMENT NO. 6.249 HB -510-Item 7. - 367 ATTACHMENT NO. 6.250 HB -511-Item 7. - 368 ATTACHMENT NO. 6.251 HB -512-Item 7. - 369 ATTACHMENT NO. 6.252 HB -513-Item 7. - 370 ATTACHMENT NO. 6.253 HB -514-Item 7. - 371 ATTACHMENT NO. 6.254 HB -515-Item 7. - 372 ATTACHMENT NO. 6.255 HB -516-Item 7. - 373 ATTACHMENT NO. 6.256 HB -517-Item 7. - 374 HB -518-Item 7. - 375 ATTACHMENT NO. 7.1 HB -519-Item 7. - 376 ATTACHMENT NO. 7.2 HB -520-Item 7. - 377 HB -521-Item 7. - 378 HB -522-Item 7. - 379 HB -523-Item 7. - 380 HB -524-Item 7. - 381 HB -525-Item 7. - 382 HB -526-Item 7. - 383 HB -527-Item 7. - 384 Main Street Mixed-Use - Appeal 414-424 Main Street Tentative Tract Map No. 18068 Conditional Use Permit No. 17-008 Costal Development Permit No. 17-003 Special Permit No. 17-001HB -528-Item 7. - 385 Subject Property HB -529-Item 7. - 386 Project Overview Tentative Tract Map TTM: to consolidate six parcels into an approx. 0.42 net acre lot for condominium purposes Conditional Use Permit/Coastal Development PermitPermit CUP/CDP: 1. Construct a four-story mixed use building with 5,000 sq. ft. retail on frontage greater than 100 ft. 2. Construct 20 for-sale condominium units 3. Participate in parking in-lieu fee program for nine spacesHB -530-Item 7. - 387 Project Overview cont. Special Permit Provide an approximately 2.52 ft. average setback on the third floor in lieu of an setback on the third floor in lieu of an average 10 ft. setback required from the ground floor facadeHB -531-Item 7. - 388 Site Plan HB -532-Item 7. - 389 Proposed Parking CODE REQUIREMENT PROPOSED 2 PARKING SPACES/1-2 BEDROOM (20 units x 2 spaces= 40 spaces) 40 PARKING SPACES (WITHIN PARKING STRUCTURE) 0.25 GUEST PARKING (20 units x 0.25 spaces = 5 spaces) 5,000 SF. COMMERCIAL (RETAIL) (3 spaces/1000 SF. = 15 spaces) 5 GUEST PARKING SPACES (ON-SITE/GROUND FLOOR) 6 COMMERCIAL PARKING SPACES (ON-SITE/GROUND FLOOR) 60 SPACES REQUIRED 51 SPACES PROVIDEDHB -533-Item 7. - 390 Average Setback REQUEST CODE REQUIREMENT PROPOSED 3RD FLOOR AVERAGE SETBACK 3rd & 4 th MUST HAVE A 10 FT. AVERAGE SETBACK GROUND FLOOR FACADE 2.52 FT. AVERAGE SETBACK ON 3RD FLOOR FLOOR FACADEHB -534-Item 7. - 391 REQUIRED AVERAGE 10 FT. SETBACK ON THIRD AND FOURTH FLOOR Average Setback CODE REQUIREMENTHB -535-Item 7. - 392 •January 23, 2018 – Planning Commission approved project. •January 29,2018 –Mayor Pro Tem Peterson PC Action and Appeal •January 29,2018 –Mayor Pro Tem Peterson appealed the approval because the Planning Commission’s action allowed the payment of in-lieu parking fees rather than provide the required parking for the project.HB -536-Item 7. - 393 •Land Use Compatibility •DTSP and General Plan anticipated a diversity of land uses along Main Street corridor •Consistent with similar mixed-use Analysis •Consistent with similar mixed-use buildings in the area •Compatible with existing development at similar heights and massing •Visitor serving uses on the ground floor •Site suitable for type and density of developmentHB -537-Item 7. - 394 •Design and Site Layout •Conforms with the DTSP •Variety of building materials Analysis cont. •Variety of building materials •Includes a public art element •Minimizes visibility of subterranean parking garage •Replace existing on-street parkingHB -538-Item 7. - 395 •Special Permit •Results in better living environment due to larger public and common open space Analysis cont. to larger public and common open space •Unique and quality architecture •Building volumes with variation in wall planes •Considerable setbacks along side and rearHB -539-Item 7. - 396 Elevations HB -540-Item 7. - 397 Elevations HB -541-Item 7. - 398 1. December 14, 2017 – Design Review Board recommended approval to Planning Commission Design Review/ Subdivision Committee 2. Tentative Tract Map No. 18086 reviewed and recommended approval by Subdivision Committee on January 16, 2018HB -542-Item 7. - 399 Recommendation Planning Commission and Staff recommend approval of Tentative Tract Map No. 18086, Conditional Use Permit No. 17- 008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 with conditions based on the following: Consistent with General Plan land use Complies with Downtown Specific Plan Compatible with surrounding uses and urban Compatible with surrounding uses and urban environment of Downtown Allows for a mixed-use project with unique and quality architecture Variation in wall planes reduces building massing Meets requirements of Subdivision Map Act Will not impede public access or conflict with any public recreation policiesHB -543-Item 7. - 400 MEETING DATE: 2/20/2018 Dept. ID CA 18-002 Page 1of 1 Meeting Date: 2/20/2018 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E. Gates, City Attorney PREPARED BY: Michael E. Gates, City Attorney SUBJECT: Approve for introduction Ordinance No. 4154 amending Chapter 2.70 of the Huntington Beach Municipal Code (HBMC) relating to Openness in Labor Negotiations Statement of Issue: Huntington Beach Municipal Code Chapter 2.70 relating to Openness in Labor Relations requires amendment to ensure further conformance with the Meyer-Milias Brown Act. Financial Impact: N/A Recommended Action: Approve for introduction Ordinance No. 4154, "An Ordinance of the City of Huntington Beach Amending Chapter 2.70 of the Huntington Beach Municipal Code Relating to Openness in Labor Negotiations.” Alternative Action(s): Do not approve for introduction Ordinance 4154 Amending HBMC Chapter 2.70 Relating to Openness in Labor Negotiations. Analysis: The City Attorney is recommending changes to the Openness in Labor Negotiations Ordinance to further comply with administrative and judicial interpretations of the Meyer-Milias Brown Act with regard to labor negotiations. Environmental Status: N/A Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Ordinance 4154 Amending HBMC Chapter 2.70 Relating to Openness in Labor Negotiations 2. Legislative Draft of HBMC Chapter 2.70 Relating to Openness in Labor Negotiations HB -544-Item 8. - 1 HB -545-Item 8. - 2 HB -546-Item 8. - 3 HB -547-Item 8. - 4 HB -548-Item 8. - 5 HB -549-Item 8. - 6 HB -550-Item 8. - 7 HB -551-Item 8. - 8 HB -552-Item 9. - 1