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HomeMy WebLinkAbout2019-08-19 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable 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 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, August 19, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF DAVE KIFF, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 City Council/Public Financing Authority AGENDA August 19, 2019 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy Councilmember Delgleize has requested permission to be absent pursuant to Resolution No. 2001-54 ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 19-8811.Review of the pros and cons of cannabis and the economy along with a cost-benefit analysis and discussion of CBD RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 19-8912.Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Police Officers’ Association (POA). CLOSED SESSION 19-8843.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Gray Dove Church of Peace, et al.; OCSC Case No. 30-2018-00997348. 19-8854.Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney Page 1 of 7 2 City Council/Public Financing Authority AGENDA August 19, 2019 regarding potential litigation. Number of cases, two (2). 19-8865.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claim: Richard Glover v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15-0123. 19-8886.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). 19-8937.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. City of Fountain Valley, et al. (PCTA); OCSC Case No. 30-2019-01071652. 19-8978.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy Councilmember Delgleize has requested permission to be absent pursuant to Resolution No. 2001-54 PLEDGE OF ALLEGIANCE INVOCATION 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 Page 2 of 7 3 City Council/Public Financing Authority AGENDA August 19, 2019 belief or form of invocation. 19-6689.Pastor Nadar Hanna of Faith Lutheran Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-84710.Mayor Peterson to call on Victoria Alberty to present the “Adoptable Pet of the Month” 19-84811.Mayor Peterson to call on Community Development Director Ursula Luna-Reynoso to present the Mayor’s Award to Kevin Kirby, Building Inspector III 19-84912.Mayor Peterson to call on Sister City exchange students from Anjo, Japan to share their experiences of visiting Huntington Beach ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) 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 19-85913.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 5, 2019. Recommended Action: 19-81814.Approve Fiscal Year 2018/19 Year-End Budget Adjustment and Inter-Fund Transfers A) Approve the appropriation and transfer of $1.0 million into the Section 115 Trust from the General Fund year-end balances. (See Attachment 1); and, B) Approve appropriation and transfer of $850,000 from the General Fund year-end Recommended Action: Page 3 of 7 4 City Council/Public Financing Authority AGENDA August 19, 2019 balances to the Fiscal Year 2018/19 Revised Budget in the Technology Fund (323) and $150,000 in the Retiree Supplemental Fund (703). (See Attachment 1); and, C) Increase appropriations by $1.08 million in the Retiree Supplemental Fund (703). (See Attachment 1). 19-84015.Approve and authorize execution of a five-year License Agreement with Southern California Edison for public parkland located at Le Bard Park Approve the “License Agreement” with Southern California Edison for the use of the 2.02 acres of property commonly known as Le Bard Park (Contract No. 9.2480), and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. Recommended Action: 19-83716.Approve Annual Report and Fiscal Year 2019-2020 Huntington Beach Downtown Business Improvement District (DTBID) Budget; adopt Resolution No. 2019-54 declaring the City’s intention to levy an annual assessment for Fiscal Year 2019-2020 within the Huntington Beach Downtown Business Improvement District; and, schedule a Public Meeting for September 3, 2019, and a Public Hearing for September 16, 2019 A) Adopt Resolution No. 2019-54, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment for Fiscal Year 2019-2020 within Huntington Beach Downtown Business Improvement District,” including Exhibit A - Huntington Beach Downtown Business Improvement District 2019-2020 Annual Report , Exhibit B - Boundary Map, and List of Businesses to be assessed, and Exhibit C - Types of improvements and activities proposed to be funded; and, B) Direct the City Clerk to agendize the item for the City Council’s regular meeting of September 3, 2019, hold a public hearing on September 16, 2019, send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish in a newspaper of general circulation. Recommended Action: 19-87717.Adopt Resolution No. 2019-56 authorizing submittal of an application for a California Coastal Commission (CCC) Local Coastal Program (LCP) Planning Grant Page 4 of 7 5 City Council/Public Financing Authority AGENDA August 19, 2019 Adopt Resolution No. 2019-56, “A Resolution of the City Council of the City of Huntington Beach Authorizing Submittal of an Application for a California Coastal Commission LCP Planning Grant.” Recommended Action: 19-87918.Adopt Resolution No. 2019-57 appointing David Segura as Interim Fire Chief and approving the Employment Agreement A) Adopt Resolution No. 2019-57, “A Resolution of the City Council of the City of Huntington Beach Appointing David Segura as Interim Fire Chief;” and, B) Approve and authorize the Mayor to execute the “Employment Agreement Between the City of Huntington Beach and David Segura .” Recommended Action: PUBLIC HEARING 19-75819.Recommendation to open Public Hearing and continue to September 3, 2019 to consider the Appeal of Planning Commission Denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Ave. Condos) Open the public hearing and continue the appeal of Planning Commission Denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Ave. Condos) to a date certain of September 3, 2019 , at the applicant’s request (Attachment No. 9). Recommended Action: 19-80520.Approve General Plan Amendment No. 2019-001 by adopting Resolution No. 2019-50, Zoning Map Amendment No. 2018-001 by approving for introduction Ordinance 4184, and Zoning Text Amendment No. 2018-002 by approving for introduction Ordinance 4183 (Gothard Property & Research and Technology Zoning) A) Approve General Plan Amendment No. 19-001 by adopting City Council Resolution No. 19-50, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 19-001.” (Attachment 1); and, B) Approve Zoning Map Amendment No. 18-001 with findings for approval and approving for introduction Ordinance No. 4184, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance by changing the zoning designation from IG (Industrial General), IL (Industrial Limited), or CG (Commercial Recommended Action: Page 5 of 7 6 City Council/Public Financing Authority AGENDA August 19, 2019 General) to RT (Research and Technology) on real property located in two existing industrial areas herein referred to as the Gothard Street Corridor and Northwest Industrial Area (Zoning Map Amendment No. 18-001).” (Attachments 2 and 3); and, C) Approve Zoning Text Amendment No. 18-002 with findings for approval and approving for introduction Ordinance No. 4183, “An Ordinance of the City of Huntington Beach amending Chapters 204 Use Classifications, 212 Industrial Districts, and 231 Off-Street Parking and Loading of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 18-002).” (Staff Recommended Action for public agency owned property) (Attachments 4 and 5); and, D) Consider and provide direction on Planning Commission Minute Action to update the City’s Urban Design Guidelines; and, E) Consider and provide direction on Planning Commission Minute Action to create a Broadband and Wireless Ad-Hoc Committee; and, F) Consider and provide direction on Planning Commission Minute Action to study implementation of public sidewalks in all Industrial districts. ADMINISTRATIVE ITEMS 19-87021.Receive and File a Status Update on the 6th Cycle Regional Housing Needs Assessment (RHNA) Process Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Recommended Action: 19-88022.Approval of Tentative Agreement and introduction of proposed Memorandum of Understanding between the Huntington Beach Police Management Association (HBPMA) and the City of Huntington Beach for the period of January 1, 2018, through June 30, 2020 Approve the “Tentative Agreement” and the introduction of the proposed Memorandum of Understanding between the Huntington Beach Police Management Association and the City of Huntington Beach for the period January 1, 2018 , through June 30, 2020. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT Page 6 of 7 7 City Council/Public Financing Authority AGENDA August 19, 2019 The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 3, 2019, 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 Page 7 of 7 8 City of Huntington Beach File #:19-881 MEETING DATE:8/19/2019 Review of the pros and cons of cannabis and the economy along with a cost-benefit analysis and discussion of CBD City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:19-891 MEETING DATE:8/19/2019 Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Police Officers’ Association (POA). City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:19-884 MEETING DATE:8/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Gray Dove Church of Peace, et al.; OCSC Case No. 30-2018-00997348. City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:19-885 MEETING DATE:8/19/2019 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, two (2). City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:19-886 MEETING DATE:8/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claim: Richard Glover v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15-0123. City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:19-888 MEETING DATE:8/19/2019 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:19-893 MEETING DATE:8/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. City of Fountain Valley, et al. (PCTA); OCSC Case No. 30-2019-01071652. City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:19-897 MEETING DATE:8/19/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544. City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:19-668 MEETING DATE:8/19/2019 Pastor Nadar Hanna of Faith Lutheran Church and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:19-847 MEETING DATE:8/19/2019 Mayor Peterson to call on Victoria Alberty to present the “Adoptable Pet of the Month” City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:19-848 MEETING DATE:8/19/2019 Mayor Peterson to call on Community Development Director Ursula Luna-Reynoso to present the Mayor’s Award to Kevin Kirby, Building Inspector III City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:19-849 MEETING DATE:8/19/2019 Mayor Peterson to call on Sister City exchange students from Anjo, Japan to share their experiences of visiting Huntington Beach City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:19-859 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of August 5, 2019 require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 5, 2019. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. August 5, 2019 CC/PFA Regular Meeting Minutes City of Huntington Beach Printed on 8/14/2019Page 1 of 1 powered by Legistar™21 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, August 5, 2019 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 portions 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: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Study Session Item No. 1 (19-810), a PowerPoint communication was received from Ursula Luna-Reynosa, Community Development Director, entitled Huntington Beach Code Enforcement Overview PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS — 1 Speaker (3 Minute Time Limit) 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. Maureen was called to speak and shared her opinion that Olive trees in selected areas of the City are dying from lack of irrigation water, and her concern about the weeds in Bartlett Park which might result in another fire. (00:00:51) STUDY SESSION 1. 19-810 Code Enforcement Overview Community Development Director Ursula Luna-Reynosa and Scott Barber of Anderson Penna presented a PowerPoint communication entitled: Huntington Beach Code Enforcement Overview with slides titled: Code Enforcement Team, Staffing, Code Enforcement Assessment, Policy & Procedures Manual, CE 22 Council/PFA Regular Minutes August 5, 2019 Page 2 of 14 Activities & Investigative Techniques, Trend Analysis, Recommendations, Implementation, Process, Code Modifications, Case Studies, Nugget Circle, Property Maintenance, and Hoarding Cases(2). Councilmember Posey congratulated and welcomed the new Code Enforcement Officers. Councilmember Hardy and Director Luna-Reynosa discussed the process related to interior inspections of properties suspected of hoarding, including the Divisionary hearing and Warrant processes. Councilmember Hardy and Director Luna-Reynosa also discussed available resources and volunteers available to help with property cleanup, and Councilmember Hardy encouraged a process for making families aware of how to create a conservatorship. Mayor Pro Tem Semeta confirmed with Director Luna-Reynosa purchase of the new Code Enforcement component of Accela software, and discussed the protocol for addressing a rat infestation, which requires the County Health Department (CHD) to declare. Director Luna-Reynosa clarified if the CHD fails to declare infestation, then local code enforcement authority takes over. Councilmember Delgleize and Director Luna-Reynosa discussed the issues that receive the most complaints: construction without permits, abandoned vehicles, weed abatement, short term rentals, and hoarding. Councilmember Brenden and Director Luna-Reynosa discussed response from time of reported violation, and that moving forward the new Accela reporting feature will allow for better statistical analysis of reported categories. Mayor Peterson confirmed with Director Luna-Reynosa that the Code Enforcement staff is currently short four (4) positions, and stated that Code Enforcement staff are addressing issues that affect quality of life. RECESSED TO CLOSED SESSION — 4:50 PM A motion by Brenden, second by Semeta to recess to Closed Session for Items 2 – 10. With no objections, the motion passed. CLOSED SESSION ANNOUNCEMENT 2. 19-836 Mayor Peterson announced: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: Chuck Adams, Interim Chief Financial Officer; Michele Warren, Director of Human Resources; Mike Baumgartner, Marine Safety Division Chief and Robert Handy, Police Chief regarding the following: Surf City Lifeguard Employees Association (SCLEA) and Police Management Association (PMA). CLOSED SESSION 3. 19-827 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: In Re: National Prescription Opiate Litigation; USDC - Ohio Case No. 1:17-md-02804- DAP. 23 Council/PFA Regular Minutes August 5, 2019 Page 3 of 14 4. 19-829 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: City of Huntington Beach v. Gray Dove Church of Peace, et al.; OCSC Case No. 30- 2018-00997348. 5. 19-830 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, three (3). 6. 19-831 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator David Kiff, Interim City Manager; also in attendance: Chuck Adams, Interim Chief Financial Officer; Michele Warren, Director of Human Resources and Mike Baumgartner, Marine Safety Division Chief regarding the following: Surf City Lifeguard Employees Association (SCLEA). 7. 19-832 Pursuant to Government Code § 54954.5(e), the City Council recessed into Closed Session to discuss the public employment of the Fire Chief. 8. 19-838 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claim: Richard Glover v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15-0123. 9. 19-841 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Police Management Association (PMA). 10. 19-843 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: Calif. Dept. of Housing and Community Development v. City of Huntington Beach (HCD); OCSC Case No.: 30-2019-01046493. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Posey 24 Council/PFA Regular Minutes August 5, 2019 Page 4 of 14 INVOCATION 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. 11. 19-667 Deacon Joe Sullivan of St. Bonaventure Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 12. 19-822 Mayor Peterson called on Executive Director Elsa Greenfield and volunteers of the Waymakers Youth Shelter who presented commendations for their time and talents in making a difference in the lives of its young residents Executive Director Greenfield introduced the volunteers who have served over 400 youth, helping them to acquire new skills while they heal from trauma. Executive Director Greenfield described the volunteers as being examples of goodness and kindness: Dr. Lois Abrams, Dr. Corinne Aragaki, Tom Gonzell, Steve Camarillo, Janice Cornwell, Janet Lewis and Paul Guzman. Councilmember Posey announced that he was withdrawing Item No. 22 (19-826) regarding adopting an Annual Work Plan for the Finance Commission, due to the fact that a new City Manager may or may not adopt the Strategic Planning initiatives, and to allow time for another look at every Commission and Committee to ensure their objectives are aligned with the objectives of the City Council. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced the following communications that were received by her office following distribution of the City Council agenda packet: City Manager’s Report PowerPoint Presentation entitled Ascon Landfill Site Update received from Interim Assistant City Manager, Travis Hopkins. Consent Calendar #16. (19-813) Email communication received from Amory Hanson regarding Mr. Robert Wentzel’s appointment to the Huntington Beach Personnel Commission. #17. (19-833) Email communication received from Professor Galen T. Pickett regarding AB 302. Administrative Items #20. (19-835) Communication from Interim City Manager, Dave Kiff submitting Resolution No 2019-55 approving a City Manager Employment Agreement including Exhibit A, the proposed employment with Oliver Chi. #20. (19-835) PowerPoint communication entitled Contract with City Manager received from Interim City Manager, Dave Kiff. 25 Council/PFA Regular Minutes August 5, 2019 Page 5 of 14 #20. (19-835) Communication from Interim City Manager, Dave Kiff submitting minor changes to pages 3 and 6 of the proposed City Manager Employment Agreement with Oliver Chi. #20. (19-835) Five (5) email communications received regarding the proposed City Manager Employment Agreement with Oliver Chi. Councilmember Items #21. (18-825) Email communication and City of Irvine - Community Choice Energy Feasibility Study and Technical Assessment received from Steven C. Shepherd. #21. (19-825) Fifty-four (54) email communications received regarding the Community Choice Energy Feasibility Study. #22. (19-826) Forty-one (41) email communications received regarding adopting an Annual Work Plan for the Finance Commission. PUBLIC COMMENTS (3 Minute Time Limit) 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. Rob Pool was called to speak and stated his opposition to Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study and Item No. 22 (19-826) (withdrawn) regarding adopting an Annual Work Plan for the Finance Commission. (01:04:16) Ryan Messick was called to speak and shared his concerns and made some suggestions for addressing the Ascon clean-up project. (01:06:21) Sharon Messick was called to speak and shared her concerns and made some suggestions for addressing the Ascon clean-up project. (01:09:39) Dayna Bellanca was called to speak and shared her concerns and made some suggestions for addressing the Ascon clean-up project. (01:13:02) Cari Swan was called to speak and thanked Councilmember Posey for withdrawing Item 22 (19-826) from the agenda, and stated her opposition to Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:15:13) Kathryn Levassiur, Founding Member of the Short Term Rental Alliance, was called to speak, introduced her granddaughter Ali who learned to surf today and she greeted the Mayor. Ms. Levassiur stated her support for the scheduled September Study Session on Short Term Vacation Rentals. (01:18:17) Dianne Thompson, Huntington Beach resident and business owner, representing the Huntington Beach Chamber of Commerce as Chairman of the Government Affairs Committee, was called to speak and stated support for Administrative Item 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:20:07) 26 Council/PFA Regular Minutes August 5, 2019 Page 6 of 14 Ben Pickens was called to speak and shared his opinions on various national and local issues and stated his opposition to Agenda Item 16 (19-813) regarding appointments to the Personnel Commission. Mayor Peterson asked Mr. Pickens to complete a blue card from the Sergeant of Arms. (01:21:13) Eric Richmond Massey was called to speak and shared situations of personal harassment and defamation that in his opinion were triggered by false accusations. (01:22:34) Robyn Sladek, a 48-year resident of Huntington Beach, was called to speak and stated her concerns regarding the Ascon clean-up project. (01:26:35) Ceason Baker, a 10-year resident of southeast Huntington Beach, was called to speak and stated her concerns regarding the Ascon clean-up project. (01:29:48) Cathey Ryder, a resident of Huntington Beach since 1985, was called to speak and stated support for Administrative Item 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:32:39) Mary Behrens with the Huntington Central Park Equestrian Center, and Justine Makoff with the Free Reign Foundation were called to speak and announced the Summer Classic Horse Show and Competition from August 8th - 11th, which concludes with a Free Reign Foundation fundraiser, and invited everyone to come and enjoy. (01:33:16) Patricia Goodman, representing Homeless United Huntington Beach, was called to speak and stated support for, rather than opposition to, Consent Calendar Item No. 17 (19-833) A). regarding Assembly Bill 302 addressing parking for Homeless Students. (01:35:06) Maneck Bujwala, Past President of the Huntington Beach Interfaith Council, was called to speak and stated support for, rather than opposition to, Consent Calendar Item No. 17 (19-833) A). regarding Assembly Bill 302 addressing parking for Homeless Students. (01:37:42) Kathleen McGowan, 7-year resident of Huntington Beach, was called to speak and stated her support for Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:38:59) Tara Barton was called to speak and shared her concerns regarding the Ascon clean-up project. (01:39:57) Steve Shepherd was called to speak and stated his support for Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:43:08) Tony Bisson, a resident of southeast Huntington Beach, was called to speak and shared his concerns regarding a new business that would like to open at Brookhurst Street and Adams Avenue. (01:46:02) Amy Foell, Surfrider Foundation Community Choice Energy Campaign Chair, was called to speak and stated support for Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:49:21) Denise Erkeneff, Surfrider Foundation South Orange County, was called to speak and stated support for Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:51:41) 27 Council/PFA Regular Minutes August 5, 2019 Page 7 of 14 Alexander C. Gonzales, Field Representative for Congressman Harley Rouda, was called to speak and announced House of Representatives Resolution No. 534 recognizing the 60th Anniversary of the U. S. Open of Surfing in Huntington Beach as introduced by Representative Rouda. (01:53:33) Amber was called to speak and shared her concerns regarding the Ascon clean-up project. (01:56:27) Linda Kraemer was called to speak and stated her support for Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (01:59:42) Dr. Kathleen Treseder, Professor of Biology at UC Irvine, was called to speak and stated her support for Administrative Item No. 21 (19-825) regarding a Community Choice Energy Feasibility Study. (02:02:52) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey reported attending an Orange County Parks Commission meeting where they received an update on the Irvine Ranch Open Space Interim Recreation Resource Management Plan. Councilmember Hardy reported having a phone conversation with the Police Management Association (PMA). Councilmember Carr reporting meeting with the Police Management Association (PMA). Mayor Peterson reported a meeting with the Police Management Association (PMA). Councilmember Brenden reported a meeting with the Huntington Beach Police Officers' Association (HBPOA), and attending the final meeting as a member of the Public Cable Television Authority (PCTA). Councilmember Brenden noted that Huntington Beach residents will no longer be subsidizing public TV for other area cities. Mayor Pro Tem Semeta reported attending a meeting of the Southern California Association of Government (SCAG) Economic and Human Development Committee and Regional Council, and encouraged the public to provide input on the Regional Housing Needs Assessment (RHNA) options before the September 3rd deadline. She also reported that on August 22 from 1-3 PM, Irvine Civic Center will host a public meeting on the RHNA options, and comments can be emailed to housing@scag.ca.gov. Councilmember Delgleize reported attending a meeting of the Orange County Transit Authority (OCTA) where adjustments to the 2019/2020 Bus Service Plan were presented which results in Routes 211 and 21 being eliminated in Huntington Beach. Further details can be found on the OCTA website. Councilmember Delgleize announced an OCTA sponsored Bike Safety Workshop at Huntington Beach City Hall on August 13th at 5:30 PM. Councilmember Delgleize also reported meeting with the Huntington Beach Police Officers' Association (HBPOA). CITY MANAGER’S REPORT Interim City Manager Dave Kiff presented a PowerPoint communication entitled Ascon Landfill Site Update; Police Chief Robert Handy provided a brief overview of the U.S. Open of Surfing held July 27th through August 3rd including Fire Med and Marine Safety activity; Community Services Director Marie 28 Council/PFA Regular Minutes August 5, 2019 Page 8 of 14 Knight provided additional comments related to the U.S. Open of Surfing; Acting Fire Chief Mark Daggett reported on injuries sustained by four Fire Department personnel in a recent traffic accident that occurred at the intersection of Graham Street and Warner Avenue. CITY TREASURER’S REPORT 13. 19-807 Received and filed the City Treasurer’s June 2019 Quarterly Investment Report City Treasurer Alisa Backstrom presented a PowerPoint communication entitled City of Huntington Beach Quarterly Investment Report with slides titled: Economic and Market Overview - At June 28, 2019, Interest Rates - US Treasuries & Fed Funds, Portfolio Summary, Investments by Type, Monthly Activity - Quarterly Activity, Portfolio Earnings - As of June 28, 2019, Interest Rates (volatile) versus Portfolio Yield (smooth), and Selected Investment Policy Compliance Requirements. Councilmember Posey and Treasurer Backstrom discussed the rate of return for the Trust Fund 115 account which is invested thru Public Agency Retirement Services (PARS). As of 6/30/19 there was a one-year return of 6.79% compared to California Public Employees Retirement System (CalPERS) one- year return of 6.17%. A motion was made by Posey, second Hardy to receive and file the City Treasurer's Quarterly Investment Report for June 2019, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried with no objections. CONSENT CALENDAR Councilmember Carr pulled Consent Calendar Item No. 17 (A) for further discussion. 14. 19-803 Approved and Adopted Minutes A motion was made by Semeta, second Hardy to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 15, 2019; and, approve and adopt the City Council special meeting minutes dated July 26, 2019. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 15. 19-819 Approved the July 2019 Huntington Beach Strategic Plan Update A motion was made by Semeta, second Hardy to approve the July 2019 Strategic Objectives Update as contained within Attachment 1. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 29 Council/PFA Regular Minutes August 5, 2019 Page 9 of 14 16. 19-813 Approved recommendations by Council Liaisons Semeta and Peterson to appoint George Rivera, Robert Binam, and Robert Wentzel to the Personnel Commission A motion was made by Semeta, second Hardy to approve the appointment of George Rivera, Robert Binam, and Robert Wentzel with terms effective July 1, 2019, through June 30, 2021, as recommended by the Council Liaisons to the Personnel Commission. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 17. 19-833 Approved City Council positions on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC); and, adopted Resolution No. 2019-53 Councilmember Carr stated her opinion that it is premature to take a position of Oppose to Assembly Bill 302 (Berman) – Parking: Homeless Students, suggesting Council consider a position of Watch since it is being worked out between the community colleges and State legislature. Mayor Peterson stated that community colleges oppose this legislation, and the IRC recommended support for the City's community college. A motion was made by Carr, second Delgleize to approve a City position of Watch on Assembly Bill 302 (Berman) - Parking: Homeless Students. Councilmember Brenden and Mayor Peterson discussed the ability to change a vote of opposition, if future significant changes are made to Assembly Bill 302. A substitute motion was made by Semeta, second Posey to approve a City position of Oppose on Assembly Bill 302 (Berman) - Parking: Homeless Students. The substitute motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, and Hardy NOES: Carr, and Delgleize A motion was made by Semeta, second Hardy to approve a City position of Oppose on Assembly Bill 1482 (Chiu) - Tenancy: Rent Caps; and, adopt Resolution No. 2019-53, “A Resolution of the City Council of the City of Huntington Beach Urging the State of California to Implement a Variety of Strategies and Technologies that Further Reduce Greenhouse Gas Emissions as the State Considers Building Decarbonization.” The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 30 Council/PFA Regular Minutes August 5, 2019 Page 10 of 14 18. 19-762 Approved and authorized execution of a Wireline Crossing Agreement with the Union Pacific Railroad Company for the installation of traffic signal communication conduit on Center Avenue (CC-1489) A motion was made by Semeta, second Hardy to approve and authorize the Mayor and City Clerk to execute a "Wireline Crossing Agreement" at Mile Post 519.28, Stanton Industrial Lead, between the Union Pacific Railroad Company and the City of Huntington Beach. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 19. 19-815 Adopted Ordinance 4185 repealing Huntington Beach Municipal Code Section 2.101 relating to the dissolution of the Allied Arts Board (AAB) Approved for introduction 7/15/2019, Vote: 7-0 A motion was made by Semeta, second Hardy to adopt Ordinance 4185, "An Ordinance of the City of Huntington Beach Repealing Huntington Beach Municipal Code Section 2.101 Allied Arts Board." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ADMINISTRATIVE ITEMS 20. 19-835 Adopted Resolution 2019-55 approving a City Manager Employment Agreement Interim City Manager Dave Kiff presented a PowerPoint communication entitled: Contract w/City Manager with slides titled: Contract Terms, How Rolling Terms Work(11), Section 2(c) - Rolling 4-year Term, and Section 2(c) - Four Years, then Rolling 2. Mayor Pro Tem Semeta and Manager Kiff clarified the terms for the length of the contract. Mayor Pro Tem Semeta shared her positive impression of the recruitment process that has led to the proposed appointment, and thanked Manager Kiff for his service and leadership during his short time in Huntington Beach. Mayor Peterson described how Council’s decision to involve Department Heads in the City Manager recruitment process has proven valuable. Councilmember Posey stated his support for Mr. Chi as City Manager, but described his concerns regarding the contract’s allowance for housing, specifically making a “creative” $1.5 million dollar investment in real estate that will not guarantee a return through shared equity, versus as an example making a similar investment in a 115 Trust account that would guarantee a greater return. Councilmember Posey voiced opposition to paragraph G – Home Loan, Equity Sharing Agreement (located on page 6 of the Employment Agreement), and suggested that it be voted on separately. 31 Council/PFA Regular Minutes August 5, 2019 Page 11 of 14 Councilmember Delgleize stated her support for the Employment Agreement as it stands, and discussed her positive impression of the process for recruitment. She expressed excitement for a new perspective brought to the organization by Mr. Chi, how she expects Mr. Chi will make a home in Huntington Beach, and how the City and Mr. Chi will share in the benefits of home ownership together. Mayor Pro Tem Semeta expressed support for the “creative” proposal to share in home ownership equity, and Mr. Chi’s innovation and approach to problem solving. Councilmember Carr concurred with the comments made by Councilmember Delgleize about the creative “shared equity” option for housing, and was impressed by Mr. Chi’s excitement to relocate, and his positive energy, work ethic, compassion, all of which will benefit Huntington Beach. She too stated her support for the Employment Agreement as presented. Councilmember Hardy thanked the Councilmembers involved in drafting the Employment Agreement, and stated her support for the Agreement as presented. She discussed her favorable impressions of the creative negotiations that led to Mr. Chi’s appointment, and his excitement to bring his family here and invest in the community. Councilmember Brenden stated his support for the Employment Agreement as presented, including the “shared equity” clause. He shared what impressed him most about Mr. Chi; his innovative processes and programs with previous employers; his engaging, “hands on” management; his strong work ethic; his even temperament; and, his overall, positive personality. Councilmembers Brenden and Posey shared differences of opinion in consideration of the “shared equity” option for housing. Mayor Pro Tem Semeta called to move the item. Mayor Peterson shared personal experiences of doing business in Monrovia prior to and after Mr. Chi became their City Manager, and his impression that Mr. Chi has made major, positive improvements. Councilmember Posey called for a substitute motion to approve the Employment Agreement without paragraph “G”, the Home Loan, Equity Sharing Agreement, suggesting that paragraph “G” be considered by separate vote. The substitute motion failed due to lack of a second. A motion was made by Semeta, second Delgleize to review and consider the proposed City Manager employment agreement, and if appropriate, adopt Resolution 2019-55, "A Resolution of the City Council of the City of Huntington Beach Approving a City Manager Employment Agreement," as amended by Supplemental Communication (updated resolution title and identified corrections to pages 3 and 6 of the Employment Agreement); confirmation of 4-year rolling term formula; and, authorize the Mayor and City Manager to execute Employment Agreement in a form approved by the City Attorney. Councilmember Posey requested to go on record as a “No” for paragraph “G” Home Loan, Equity Sharing Agreement (located on page 6 of the employment agreement) The motion as amended carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy 32 Council/PFA Regular Minutes August 5, 2019 Page 12 of 14 NOES: None COUNCILMEMBER ITEMS 21. 19-825 Approved Item Submitted by Councilmembers Delgleize and Carr — Community Choice Energy Feasibility Study Councilmember Delgleize thanked the public speakers for their comments and provided a brief overview of the history of the topic, and clarified the definition of Community Choice Energy (CCE)/Community Choice Aggregation (CCA). Councilmember Carr clarified some of the misunderstandings expressed by the public and stated that at the present time it is not possible to decide if a CCE is appropriate or not for Huntington Beach because a feasibility study has not been completed. Councilmember Posey stated his support for a feasibility study and noted that the City's business community supports CCE. Mayor Pro Tem Semeta asked the cost for doing a feasibility study, and Councilmember Carr stated that a feasibility study is expected to cost about $60,000. Mayor Pro Tem Semeta stated that many believe that CCEs are really about environmental benefits, not necessarily financial benefits, and asked if there are any documented ratepayer savings from other CCEs. Councilmember Delgleize added that in addition to ratepayer savings and environmental benefits, CCEs also provide funds that are invested back into the community, and a feasibility study is expected to provide factual documentation of the potential benefits. Councilmember Hardy thanked Councilmembers Carr and Delgleize for bringing this item forward, expressed her need for more information through a feasibility study, and stated her support for the item. Councilmember Brenden stated his support for the item, and expressed the need for more information and facts that only a feasibility study will provide. Mayor Peterson shared some issues from existing CCEs that he is aware of, and stated his opinion that CCEs are just a method to subsidize an industry by buying and selling energy credits. Mayor Peterson expressed his concern about how the City can ensure a non-biased feasibility study when to the best of his knowledge all of the organizations that provide these studies want every city to be in a CCA/E. Mayor Pro Tem Semeta requested that staff provide examples/evidence of ratepayer savings before the Council considers approving a feasibility study. Councilmember Brenden stated his support for also seeing examples of ratepayer savings, and suggested that the item be amended to include that. A motion was made by Brenden, second Hardy to direct City staff to proceed with a Request for Proposal for a Community Choice Energy Feasibility Study, conduct research and return with documented evidence of ratepayer savings at the time the award of contract is presented to the City Council for approval. 33 Council/PFA Regular Minutes August 5, 2019 Page 13 of 14 The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy NOES: Peterson 22. 19-826 Item Submitted by Councilmember Posey WITHDRAWN — Adopting an Annual Work Plan for the Finance Commission COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey described in more detail the recent accident that involved one of the City's fire trucks and commended the proactive actions taken to minimize injury to the firefighters, and reported attending the U. S. Open of Surfing, and Surfing Walk of Fame Induction. Councilmember Hardy thanked all City staff members who were instrumental in a very successful U. S. Open of Surfing, and congratulated the Surfing Walk and Hall of Fame inductees as well as contestant winners. Mayor Pro Tem Semeta reported attending the Public Cable Television Authority (PCTA) mediation with City Attorney staff, a Harbor Commission meeting to welcome the State Lands Commissioner, representing the City at the Huntington Beach Mazda Grand Reopening, congratulated all who were instrumental in a successful U. S. Open of Surfing including Jack's Surfboards and Huntington Surf & Sport, participating in discussions with Visit Huntington Beach regarding possible involvement in the 2028 L.A. Olympics, and reminded residents to participate in the process to help determine programming for the local Surf City channel. Councilmember Carr expressed kudos to each of the City departments that were instrumental in the success of the U. S. Open of Surfing, and reported attending the Every 15 Minutes Dinner to celebrate the culmination of the 2019 Annual High School Scholarship Charity Golf Tournament & Fundraiser. Councilmember Delgleize expressed appreciation to everyone involved in the successful U. S. Open of Surfing, and thanked Mayor Peterson and Councilmember Brenden for honoring Diane Abruscato, USAPA Ambassador who organizes the Pickleball Tournament. Councilmember Brenden reported attending the Bolsa Chica Ecological Preserve event with approximately 200 volunteers from the Pacific American Volunteer Association, invited everyone to the Saturday, August 31, 11 am - 5 pm, Labor of Love Festival to be held at Bolsa Chica State Beach, and asked that this meeting be closed in memory of the victims of the recent shootings in Gilroy, California, El Paso, Texas, and Dayton, Ohio. Mayor Peterson expressed appreciation for Diane Abruscato's enthusiasm for Pickleball, reported that he and Mayor Pro Tem Semeta were interviewed by a group interested in seeing that selected events for the 2028 Olympics are held in Huntington Beach, thanked everyone responsible for the successful U. S. Open of Surfing, and publicly acknowledged Eagle Scout Court of Honor recipient, Daniel Bryan Hencke. RECESSED TO CLOSED SESSION — 9:00 PM CLOSED SESSION REPORT — 9:22 PM 34 Council/PFA Regular Minutes August 5, 2019 Page 14 of 14 City Attorney Gates reported that by a 7-0 vote, the City Council authorized him to file an Appeal, if necessary, on the court’s ruling on our Demurrer in the HCD v. City of HB case; OCSC CaseNo.:30- 2019-01046493 ADJOURNMENT — At 9:22 PM, with condolences to the families experiencing tragedy in recent mass shootings occurring in the cities of Gilroy, California, El Paso, Texas, and Dayton, Ohio. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, August 19, 2019, 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 ________________________________________ 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 35 City of Huntington Beach File #:19-818 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Chuck Adams, Interim Chief Financial Officer Subject: Approve Fiscal Year 2018/19 Year-End Budget Adjustment and Inter-Fund Transfers Statement of Issue: The Finance Department is currently undergoing the year-end closing process for Fiscal Year 2018/19. Certain technical adjustments and fund transfers are needed to reconcile the budget with actual expenditures incurred, and to comply with auditing, actuarial, accounting or legal requirements. City Council authorization is requested to perform these reconciliations in order to properly close Fiscal Year (FY) 2018/19. There are sufficient revenues, available cash, and/or fund balances to support these adjustments. Financial Impact: This action: 1. Approves the appropriation and transfer of $1.0 million from the General Fund year-end balances to the City’s long-term pension obligations reducing the City’s Net Pension Liability. The $1.0 million will be reflected in the City’s PARS Section 115 Trust with an approximate balance of $7.0 million at June 30, 2019. 2. Approves the inter-fund transfers of $1.0 million from the General Fund year-end balances to provide additional funding of $850,000 to the Technology Fund (323); and $150,000 to the Retiree Supplemental Fund (703) to match total fund payments in FY 2018/19. 3. Approves increasing appropriations of $1.08 million to the Retirement Supplemental Fund (703) from the General Fund year-end balances to equal total fund payments paid in FY 2018/19. Recommended Action: A) Approve the appropriation and transfer of $1.0 million into the Section 115 Trust from the General Fund year-end balances. (See Attachment 1); and, B) Approve appropriation and transfer of $850,000 from the General Fund year-end balances to the Fiscal Year 2018/19 Revised Budget in the Technology Fund (323) and $150,000 in the Retiree City of Huntington Beach Printed on 8/14/2019Page 1 of 3 powered by Legistar™36 File #:19-818 MEETING DATE:8/19/2019 Supplemental Fund (703). (See Attachment 1); and, C) Increase appropriations by $1.08 million in the Retiree Supplemental Fund (703). (See Attachment 1). Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: At this time, the Finance Department is awaiting final revenue accruals for FY 2018/19, and for our external auditor to complete their annual audit. Staff is comfortable with the transfer of $2.0 million from the General Fund year-end balance, since this amount was received as a one-time adjustment due to a change in the State’s monthly allocation of sales tax. These year-end budget adjustments to the FY 2018/19 Revised Budget will align appropriations in certain funds with actual expenditures incurred through June 30, 2019, as actual expenses cannot exceed the appropriation amounts contained in the Revised Budget. Adjustments are also required to ensure compliance with GAAP, GASB, and other regulatory, contractual or legal requirements. Please note any appropriation increases are fully offset by commensurate amounts of revenues, available cash, or fund balances in each Fund. Our recommendation to transfer $2.0 million of General Fund year-end balances is as follows: $1.0 million to the City’s Section 115 Trust. The City created a tax-exempt, Internal Revenue Code Section 115 Trust as authorized by the City Council on December 21, 2015, to help address the City’s unfunded pension liabilities. To further this goal, on May 2, 2016, the City Council authorized the Public Agency Retirement Services Company (PARS) to administer the Trust’s assets and ensure the tax-exempt status for the Trust. City Council authorization is requested to appropriate, transfer and deposit $1.0 million in one-time FY 2018/19 year-end savings into the Section 115 Trust to help mitigate unfunded pension liabilities. Because of this action, the Section 115 Trust balance will be approximately $7.0 million as of June 30, 2019. Before this action, the City’s Retiree Supplemental Benefit had a net unfunded liability of $3.6 million. The proposed deposit of $1.0 million will reduce the Retiree Supplemental unfunded pension liability to $2.6 million, resulting in a funded status of 96.1%. The actions that the City Council has taken, such as establishing the Section 115 Trust and pre- paying the CalPERS actuarial liability at the beginning of each fiscal year, among other actions, has put the City on a better footing to manage its long-term retirement obligations. This action is consistent with the Financial Policies adopted by the City Council and with the City Council’s Strategic Planning Goal to Strengthen Economic and Financial Sustainability. $850,000 to the City’s Technology Fund (Fund 323). City Council authorization is requested to appropriate and transfer $850,000 to the Technology Fund to help address the costs associated with upgrading the City’s aged technology systems (i.e., the Enterprise Wide Asset Management System). $150,000 to the Retiree Supplemental Fund (Fund 703). City Council authorization is requested toCity of Huntington Beach Printed on 8/14/2019Page 2 of 3 powered by Legistar™37 File #:19-818 MEETING DATE:8/19/2019 $150,000 to the Retiree Supplemental Fund (Fund 703). City Council authorization is requested to transfer $150,000 from the available year-end balances of the General Fund to the Retiree Supplemental Fund to fund the required Retiree Supplemental Pension payments for FY 2018/19. Lastly, an increase in appropriation of $1,080,000 is requested in the Retiree Supplemental Fund to equal all trust payments paid in FY 2018/19. This is a result of an increased number of retirements in FY 2018/19. The Retiree Supplemental Fund has sufficient fund balance to support the requested appropriation increase. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Fiscal Year 2018-19 Appropriation Adjustment and Inter-Fund Transfers City of Huntington Beach Printed on 8/14/2019Page 3 of 3 powered by Legistar™38 FY 2018/19 Appropriation Adjustment Fund No Fund Name Department Appropriation Adjustment 703 Retiree Supplemental Finance 1,080,000 Total 1,080,000 FY 2018/19 Inter-Fund Transfers Department From Name Amount To Fund Name Non Departmental 100 General Fund 1,000,000 716 Section 115 Trust Non Departmental 100 General Fund 850,000 323 Technology Fund Non Departmental 100 General Fund 150,000 703 Retiree Supplemental Total 2,000,000 ATTACHMENT 1 39 City of Huntington Beach File #:19-840 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Marie Knight, Director of Community Services Subject: Approve and authorize execution of a five-year License Agreement with Southern California Edison for public parkland located at Le Bard Park Statement of Issue: The five-year license agreement with Southern California Edison for use of 2.02 acres, known as Le Bard Park, will expire on September 30, 2019. Southern California Edison (SCE) has prepared a new five-year license agreement for the city’s use of this property. Financial Impact: The license amount is $519.41 for year one, with annual CPI adjustments over the five-year period. Sufficient funds are budgeted in the FY 2019/20 Park Development Impact Fund account number 22845001.70300. Future fiscal years will be budgeted accordingly. Recommended Action: Approve the “License Agreement” with Southern California Edison for the use of the 2.02 acres of property commonly known as Le Bard Park (Contract No. 9.2480), 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 agreement 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 1985, for the use of 2.02 acres of SCE property at the Eastern most end of Indianapolis Avenue, along the Santa Ana River. The current license agreement will expire on September 30, 2019. The proposed license agreement would commence October 1, 2019, and expire September 30, 2024, (Attachment 1). The City has historically utilized the SCE property in conjunction with the adjacent City-owned property for use as LeBard Park. In exchange for the use of the property, the City would pay an City of Huntington Beach Printed on 8/14/2019Page 1 of 2 powered by Legistar™40 File #:19-840 MEETING DATE:8/19/2019 annual license fee of $519.41 for year one of the agreement, with annual CPI adjustments over a five -year period as shown below. Term Year Due Yearly Amount Payment Due First Day of First Year 2019 $519.41 October Second Year 2020 $534.99 October Third Year 2021 $551.04 October Fourth Year 2022 $567.57 October Fifth Year 2023 $584.50 October All other terms of the proposed license agreement remain virtually unchanged from previous agreements. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. License Agreement with Southern California Edison - Contract No. 9.2480 for Le Bard Park. City of Huntington Beach Printed on 8/14/2019Page 2 of 2 powered by Legistar™41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 City of Huntington Beach File #:19-837 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Approve Annual Report and Fiscal Year 2019-2020 Huntington Beach Downtown Business Improvement District (DTBID) Budget; adopt Resolution No. 2019-54 declaring the City’s intention to levy an annual assessment for Fiscal Year 2019-2020 within the Huntington Beach Downtown Business Improvement District; and, schedule a Public Meeting for September 3, 2019, and a Public Hearing for September 16, 2019 Statement of Issue: In September 2004, the City Council approved Ordinance No. 3661, establishing the Huntington Beach Downtown Business Improvement District as a method of marketing the Downtown area. The State of California Parking and Business Improvement Law of 1989 requires an annual report be filled for each fiscal year, a Resolution of Intention be adopted to levy an assessment for the next fiscal year, and a public hearing date to be set. Financial Impact: No fiscal impact. Revenues and expenses are included in the City’s 2019-2020 Huntington Beach Downtown Business Improvement District budget (Fund 710). The expenditures are only reimbursed based upon revenue collected. Recommended Action: A) Adopt Resolution No. 2019-54, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment for Fiscal Year 2019-2020 within Huntington Beach Downtown Business Improvement District,” including Exhibit A - Huntington Beach Downtown Business Improvement District 2019-2020 Annual Report, Exhibit B - Boundary Map, and List of Businesses to be assessed, and Exhibit C - Types of improvements and activities proposed to be funded; and, B) Direct the City Clerk to agendize the item for the City Council’s regular meeting of September 3, 2019, hold a public hearing on September 16, 2019, send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish in a newspaper of general circulation. City of Huntington Beach Printed on 8/14/2019Page 1 of 5 powered by Legistar™65 File #:19-837 MEETING DATE:8/19/2019 Alternative Action(s): Do not approve the Annual Report and Fiscal Year 2019-20 Budget and deny the Resolution. Analysis: In September 2004, the City Council approved Resolution No. 3661 establishing the Huntington Beach Downtown Business Improvement District (DTBID) to fund promotional activities benefiting all businesses within the district area. In addition, pursuant to State Law, the City Council appointed an Advisory Board for the District. The purpose of the BID Advisory Board is to make recommendations to the City Council regarding the expenditures of revenues derived from the assessments, on the classifications of businesses, and on the method of levying the assessments. The Advisory Board recommendations are then considered by the City Council at a noticed public meeting and approved or modified by the City Council. In February 2008, the City Council adopted Ordinance No. 3797, which amended Ordinance No. 3661, to change the manner in which the District’s Advisory Board was selected. Following adoption of Ordinance No. 3797, the City Council approved Resolution No. 2008-04 appointing a non-profit corporation known as the Huntington Beach Downtown Business Improvement District (the “Non- Profit Corporation”) to act as the Advisory Board for the District. The Non-Profit Corporation has continued to act as the Advisory Board for the District since the adoption of the Resolution. In April 2017, the City Council recommended that the DTBID retain the services of an outside, industry-specific consultant to review and evaluate the DTBID’s operations and structure, and provide recommendations to improve the functionality and professionalism of an organization to the benefit of its members. The DTBID subsequently contracted with the International Downtown Association (IDA) to review the DTBID. The panel spent significant time in the Downtown area, interviewed over 55 stakeholders, and, in July 2017, produced a report detailing their observations and recommendations. Changes to the DTBID budget, organizational structure, and employee compensation were recommended. During Fiscal Year 2018-2019, the DTBID made significant improvements including changing the position of BID Manager to Executive Director and hiring one in June. The new Executive Director will oversee previous responsibilities of Manager and will also include a stronger focus on financially related tasks including forecasting, budgeting, and overall tracking of fiscal performance. The BID understands the importance of communication and marketing, and launched a new and improved hbdowntown.com website in March. The website is more visually appealing and has a number of interactive features for visitors including the ability to locate and link directly to members of the BID. Their monthly e-newsletter continues to be a success with over 6,600 subscribers, and allows BID members the opportunity to advertise for free. The Downtown BID social media exposure continues to grow with over 10,500 Facebook fans over 300 followers on Instagram. Safety continues to be a priority for the DTBID, for its members and visitors alike. In July 2018, the City of Huntington Beach Printed on 8/14/2019Page 2 of 5 powered by Legistar™66 File #:19-837 MEETING DATE:8/19/2019 BID launched a trial program that provided daytime security patrolling to address issues such as skateboarding, and homelessness. The program was well-received and in May of 2019, the DTBID board entered into a contract with Allied Universal, which now provides daily private security. The DTBID also manages the Downtown maintenance operations with funds administered through the City of Huntington Beach Public Works Department and, as the Non-Profit Corporation, the Surf City Nights event with funds generated from event vendor and sponsor feeds. The City Council is asked to approve the 2018-2019 Annual Report and 2019-2020 Fiscal Year Budget for the DTBID, adopt a Resolution declaring the City’s intent to levy an annual assessment for Fiscal Year 2019-2020 and schedule a duly noticed public hearing for September 3, 2019. Funding recommendations to the City Council are made by a ten (10) member (nine voting members, one non -voting member) Advisory Board which is elected annually by assessed members. State law requires that DTBID activities benefit businesses located and operating in the assessment area. Downtown businesses are assessed based on their size, location, and business type. Assessments range from $40 to $1,200 per annum. The BID has amended the boundary map (Exhibit B) and assessment formula (Exhibit C) from the current year. The northeast corner of Main Street and Orange Avenue (which is under construction) has been added to Zone 1. Fees for businesses within Zone 1 under categories Retail Businesses, Restaurants, Hotels, Services/Office, and Cart/Kiosk have been increased by 17%. For businesses under the category of Services/Office that are located on the second floor, a new category has been created based on square footage. In addition, another new category, Seasonal, has been created for businesses that are open fewer than nine months per year. This category includes the beach cabanas businesses. The Board of Directors approved a Revised Reserves Operating Policy establishing guidelines for how the board can best use these resources for the benefit of business improvement in downtown. As of June 30, 2019, there is a reserve of $200,000. These funds can be used for beautification projects, security in Downtown or events. The DTBID’s total operations budget now includes the operations and revenues of Surf City Nights and the Malco agreement, which previously operated under its own budget. The budget for 2019-2020 is summarized in the Annual Report with an additional line item attachments (both as Exhibit A). The summary is as follows: INCOME:2018-2019 2019-2020 (PROPOSED)VARIANCE City of HB Maintenance $160,000 $162,000 $2,000 BID Assessments $121,460 $120,000 ($1,460) Surf City Nights $308,000 $315,000 $7000 Chili at the Beach $30,000 $30,000 $0 Surf City Days $15,000 $15,000 $0 Air Show $0 $0 $0 Halloween $0 $0 $0 Miracle on Main $0 $0 $0 Transfer From Reserves $17,000 $66,000 $49,000 TOTAL INCOME:$651,460 $708,000 $56,540 EXPENSES: MALCO Maintenance $148,000 $150,000 $2,000 SCN Rental & Set up $34,020 $30,000 ($4,020) SCN Street Cleaning $2,400 $3,000 $600 SCN Closure $7,200 $5,000 ($2,200) SCN Parking $8,400 $9,000 $600 BID Manager $64,999.92 $0 $64,999.92 Marketing/Advertising $42,000 $17,000 ($25,000) Sponsorships/Donations $3,600 $0 ($3,600) Ambassador $48,000 $48,000 $0 Office Expense $3,000 $3,000 $0 Bank Charges $600 $600 $0 Dues & Subscriptions $1,000 $3,000 $2,000 Insurance $7,400 $7,400 $0 Accounting $6,200 $7,000 $800 License & Fees $1,800 $2,000 $200 Meeting/Training $5,000 $2,000 ($3,000) PAYROLL: Events Coordinator $51,996 $62,000 $10,004 Consulting $0 $102,000 $102,000 Admin. Asst.$18,960 $20,000 $1,040 Payroll Taxes $6,720 $7,000 $280 Workers Comp.$1,000 $1,000 $0 Payroll Expenses $1,200 $1,500 $300 Security $44,000 $128,000 $84,000 Repairs/Maintenance $500 $500 $0 Rent & Storage $13,800 $14,000 $200 Telephone $1,980 $2,000 $20 Contingency $42,000 $0 ($42,000) BID EVENTS: SCN Events $15,580 0 ($15,580) Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $7,500 $0 Air Show $5,000 $0 ($5,000) Halloween $7,500 $7,500 $0 Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 SCN Misc. Event $0 $18,000 $18,000 VARIANCE:$104.08 $0 ($104.08) TOTAL:$651,355.92 $708,000 $54,644.08 City of Huntington Beach Printed on 8/14/2019Page 3 of 5 powered by Legistar™67 File #:19-837 MEETING DATE:8/19/2019 INCOME:2018-2019 2019-2020 (PROPOSED)VARIANCECity of HB Maintenance $160,000 $162,000 $2,000BID Assessments $121,460 $120,000 ($1,460)Surf City Nights $308,000 $315,000 $7000Chili at the Beach $30,000 $30,000 $0Surf City Days $15,000 $15,000 $0 Air Show $0 $0 $0 Halloween $0 $0 $0 Miracle on Main $0 $0 $0 Transfer From Reserves $17,000 $66,000 $49,000 TOTAL INCOME:$651,460 $708,000 $56,540 EXPENSES: MALCO Maintenance $148,000 $150,000 $2,000 SCN Rental & Set up $34,020 $30,000 ($4,020) SCN Street Cleaning $2,400 $3,000 $600 SCN Closure $7,200 $5,000 ($2,200) SCN Parking $8,400 $9,000 $600 BID Manager $64,999.92 $0 $64,999.92 Marketing/Advertising $42,000 $17,000 ($25,000) Sponsorships/Donations $3,600 $0 ($3,600) Ambassador $48,000 $48,000 $0 Office Expense $3,000 $3,000 $0 Bank Charges $600 $600 $0 Dues & Subscriptions $1,000 $3,000 $2,000 Insurance $7,400 $7,400 $0 Accounting $6,200 $7,000 $800 License & Fees $1,800 $2,000 $200 Meeting/Training $5,000 $2,000 ($3,000) PAYROLL: Events Coordinator $51,996 $62,000 $10,004 Consulting $0 $102,000 $102,000 Admin. Asst.$18,960 $20,000 $1,040 Payroll Taxes $6,720 $7,000 $280 Workers Comp.$1,000 $1,000 $0 Payroll Expenses $1,200 $1,500 $300 Security $44,000 $128,000 $84,000 Repairs/Maintenance $500 $500 $0 Rent & Storage $13,800 $14,000 $200 Telephone $1,980 $2,000 $20 Contingency $42,000 $0 ($42,000) BID EVENTS: SCN Events $15,580 0 ($15,580) Chili at the Beach $15,000 $15,000 $0 Surf City Days $7,500 $7,500 $0 Air Show $5,000 $0 ($5,000) Halloween $7,500 $7,500 $0 Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 SCN Misc. Event $0 $18,000 $18,000 VARIANCE:$104.08 $0 ($104.08) TOTAL:$651,355.92 $708,000 $54,644.08 City of Huntington Beach Printed on 8/14/2019Page 4 of 5 powered by Legistar™68 File #:19-837 MEETING DATE:8/19/2019 INCOME:2018-2019 2019-2020 (PROPOSED)VARIANCECity of HB Maintenance $160,000 $162,000 $2,000BID Assessments $121,460 $120,000 ($1,460)Surf City Nights $308,000 $315,000 $7000Chili at the Beach $30,000 $30,000 $0Surf City Days $15,000 $15,000 $0Air Show $0 $0 $0Halloween$0 $0 $0Miracle on Main $0 $0 $0Transfer From Reserves $17,000 $66,000 $49,000TOTAL INCOME:$651,460 $708,000 $56,540EXPENSES:MALCO Maintenance $148,000 $150,000 $2,000SCN Rental & Set up $34,020 $30,000 ($4,020)SCN Street Cleaning $2,400 $3,000 $600SCN Closure $7,200 $5,000 ($2,200)SCN Parking $8,400 $9,000 $600BID Manager $64,999.92 $0 $64,999.92Marketing/Advertising $42,000 $17,000 ($25,000)Sponsorships/Donations $3,600 $0 ($3,600)Ambassador $48,000 $48,000 $0Office Expense $3,000 $3,000 $0Bank Charges $600 $600 $0Dues & Subscriptions $1,000 $3,000 $2,000Insurance$7,400 $7,400 $0Accounting$6,200 $7,000 $800License & Fees $1,800 $2,000 $200Meeting/Training $5,000 $2,000 ($3,000)PAYROLL:Events Coordinator $51,996 $62,000 $10,004Consulting$0 $102,000 $102,000Admin. Asst.$18,960 $20,000 $1,040Payroll Taxes $6,720 $7,000 $280Workers Comp.$1,000 $1,000 $0Payroll Expenses $1,200 $1,500 $300Security$44,000 $128,000 $84,000Repairs/Maintenance $500 $500 $0Rent & Storage $13,800 $14,000 $200Telephone$1,980 $2,000 $20Contingency$42,000 $0 ($42,000)BID EVENTS:SCN Events $15,580 0 ($15,580)Chili at the Beach $15,000 $15,000 $0Surf City Days $7,500 $7,500 $0 Air Show $5,000 $0 ($5,000) Halloween $7,500 $7,500 $0 Miracle on Main $10,000 $10,000 $0 Holiday Beautification $25,000 $25,000 $0 SCN Misc. Event $0 $18,000 $18,000 VARIANCE:$104.08 $0 ($104.08) TOTAL:$651,355.92 $708,000 $54,644.08 The DTBID’s projected 2019-2020 Budget has significantly increased funds for security in the Downtown Area. In addition to continuing with their annual events, Surf City Nights and participation in the Ambassador Program, the DTBID plans to pursue projects and activities that support the priorities as part of the Perception Project. The perceptions include addressing homelessness, increasing public safety, improving the parking structure, adding restrooms, increasing lighting, improving visual appeal, and informational directories. The DTBID also expects to develop a meaningful vision for the future based on the results of the IDA study, while collaborating even more closely with the City and Visit Huntington Beach to make a positive difference in the Downtown destination. As required by State law, a protest hearing must be held to provide the opportunity for those businesses affected to voice their protest or submit their protest in writing. The Resolution of Intention sets this public protest hearing for September 3, 2019. At that time, the City Council will tally the percentage of assessments protested and will hear additional public comments on the renewal of the DTBID. The City Council also as the option of reducing assessments or modifying the boundary area if public comments prompt adjustments. If written protests are received from affected businesses owners totaling 50% or more of assessment value, no further proceedings to continue the Business Improvement District can be considered for a period of one (1) year. Environmental Status: None Applicable Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2019-54 “A Resolution of the City Council of the City of Huntington Beach declaring the City’s attention to level annual assessment for Fiscal Year 2019-2020 within the Huntington Beach Downtown Business Improvement District” 2. Exhibit A - Huntington Beach Downtown Business Improvement District 2018-2019 Annual Report 3. Exhibit B - Boundary Map 4. Exhibit B - List of businesses to be assessed 5. Exhibit B - Assessment Schedule 2019-202 6. Exhibit C - Types of improvements and activities proposed to be funded City of Huntington Beach Printed on 8/14/2019Page 5 of 5 powered by Legistar™69 70 71 72 1 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT OCTOBER 1, 2018 - SEPTEMBER 30, 2019 MISSION The Huntington Beach Downtown Business Improvement District is an organization, comprised of the businesses located in the downtown area, united in purpose and dedicated to the improvement of the economic business environment of Downtown Huntington Beach related to marketing, safety, maintenance, tourism, parking, and specific events. ABOUT The Huntington Beach Downtown Business Improvement District (HBDBID) is an organization formed in 2004 by the City Council at the request of the businesses within the downtown area. The purpose of the Business Improvement District is to fund and promote activities which benefit businesses located and operating in the HBDBID assessment zone within the City of Huntington Beach. The businesses within the boundaries are assessed an annual HBDBID fee based on their size, location and business type. The HBDBID Board of Directors are selected through an election process by the stakeholders located within the Downtown Business District boundaries. The Directors act as an Advisory Board, making recommendations to the City Council on the expenditures of revenues derived from the assessments to strengthen, improve and enhance the experience of those visiting and doing business within the HBDBID boundaries. 73 2 2018 - 2019 HBDBID BOARD OF DIRECTORS “Great things in business are never done by one person.” – Steve Jobs EXECUTIVE BOARD: President: DAVE SHENKMAN Vice President: BRETT BARNES Kite Connection Duke’s Huntington Beach Secretary: MOE KANOUDI Treasurer: KATE LEIGH Main Street Eyeware & Boutique A Street Partners, 5th & PCH Past President: MATT PETERSON Legend’s Surf City DIRECTORS: MURATA “COACH” KOC MIKE WILLIAMS Coach’s Mediterranean Grill The Longboard Restaurant & Pub DANNY OTHMAN SUSIE WORTHY 602 Café ME Helme Antiques MICHELLE VESPE Healing Beauty STAFF: Interim HBDBID Executive Director JOHN GILBERT Surf City Nights & Event Coordinator DARCI HENDERSON Administrative Assistant FAITH WOMACK Downtown Huntington Beach is the beating heart of our community. Nearly 40% of our businesses have been serving customers for over ten years! QUICK GLANCE: The HBDBID exists to positively affect the business climate in the downtown district. Duke’s Huntington Beach celebrated its 20th Anniversary in October 2018. In fact, 42 businesses have been serving downtown customers for well over 20 years. Here is a quick glance of the Years in Business for our downtown business members: 14 members in business downtown for over 30 years = 5% 28 for 20-30 years = 11% 59 for 10-20 years = 22% 57 for 5-10 years = 23% 102 for 1- 5 years = 39% 30+ Years 20-30 Years 5-10 Years 10-20 Years 1-5 Years YEARS IN BUSINESS IN DOWNTOWN 74 3 HIGHLIGHTS 2018 – 2019 In the 2018-2019 year, The HBDBID launched a new website, increased security, and designated community dollar support to the HB International Surfing Museum, HB Art Center, and HB Children’s Library. Currently, BID Management is ready to implement a new software program to improve communication, maintenance of member information, and records or other relevant requests from business members. Around town, owners for both commercial and residential properties made important investments in the downtown district. Compass Realty moved into new luxury offices in the re-purposed, renovated building at 301 Olive Street (Former site of 24 hour Fitness) Ruby’s redesigned their stunning oceanfront upstairs dining to add a tropical getaway destination location for downtown. “Jan & Dean’s Tiki’s Lounge” and Mangiamo Gelato returned to the renovated building at 126 Main Street. We are excited for the new construction at 401 Main Street, bringing future retail and office opportunities to the downtown district. In 2018-2019, we welcomed new wayfinding from Visit HB, and improved public restrooms from the City. This annual report highlights the 2018-2019 HBDBID’s efforts to positively impact the business district in accordance to its mission related to the marketing, safety, maintenance, tourism, parking, and specific events. Additionally, the report provides relevant financial information and addresses current priorities. 75 4 MARKETING & ADVERTISING FOR THE DOWNTOWN BUSINESS DISTRICT A new and improved HBDOWNTOWN.COM WEBSITE launched in March 2019. We are finishing the few final pages, and are pleased with the updated design of this important marketing tool. One of the best improvements is the friendly interface with our member directory, improving the ability of our visitors to locate and link directly to our member businesses. E-NEWSLETTERS CONTINUE TO BE A WELL-RECEIVED MARKETING TOOL FOR BUILDING A POSITIVE IMAGE OF HUNTINGTON BEACH DOWNTOWN. We currently reach over 6600 subscribers with monthly newsletters. Our HBDBID members enjoy the benefit of advertising in this newsletter for FREE. Plus, we use this tool to share relevant special announcements for our community. We continue to grow our social media influence by reaching over 10,500 FACEBOOK fans and growing our INSTAGRAM, reach to nearly 3000 followers. We actively follow our business members on social media, increasing their reach by sharing on our platforms. Facebook.com/hbdowntown | Twitter.com/hbdowntownusa Intagram.com/hbdowntownusa | YouTube.com/hbdowntown 76 5 SAFETY Ever since its conception, the HBDBID has been deeply committed to ensuring that the downtown district is safe and welcoming. In July 2014, the HBDBID partnered with Visit Huntington Beach to provide Ambassador service 365 days a year. Ambassadors answer visitor questions and act as eyes and ears to improve public safety. In addition to daytime Ambassadors, HBDBID helps to fund evening Ambassadors for our popular Thursday – Saturday late night crowds. In July 2018, the HBDBID launched a trial program to provide daytime security patrols. With uniformed security personnel supplementing the presence of Ambassadors, the downtown district manages public safety concerns such as skateboarding, homeless, individuals possibly disturbing the peace, and more. The trial program was well-received. In May 2019 the HBDBID board entered into a contract with Allied Universal, to provide private security daily for our destination. The HBDBID has invested over $100K annually to maintaining this vital program. By working closely with law enforcements in their efforts to monitor and manage homelessness activity in downtown we ensure the safety of our customers and guests while giving our businesses the opportunity to succeed. The HBDBID continues to advocate for appropriate police coverage and meet regularly to discuss ways the HBDBID can assist in improving safety. 77 6 MAINTENANCE & BEAUTIFICATION The HBDBID and City of Huntington Beach work together through a MOU currently authorizing $160,000 annually for sidewalk cleaning in HB Downtown. This maintenance partnership with the City is credited for providing a cleaner, more beautiful downtown district. Day Porters maintain cleanliness in most downtown areas, except for private buildings that provide their own cleaning service. Porters are responsible for litter, trash removal, spot mopping of sidewalks, minor graffiti removal, dusting storefront sills and gum removal. Steam / Power Washing is a critical element in our maintenance program which includes steam cleaning of sidewalks throughout the downtown district, including alleys and gutters, with service increased during the busy summer months. For nearly 15 years, the HBDBID has provided a tremendous service to our destination by managing this contract and ensuring that downtown is clean and welcoming. HBDBID staff communicates with the City Public Works Department to keep on top of any issues as they arise. In 2018-2019 the HBDBID funded $10,000 to upgrade planter boxes, providing an inviting place for our visitors to rest along Main Street, enjoying an ice cream, people watching, or waiting while friends and family stroll in and out of one of our shops. PARKING Parking accessibility, availability, and the overall cleanliness and safety of the city parking lot is a key component of the visitor experience to HB Downtown. CONVENIENT PARKING and PUBLIC RESTROOMS is an ongoing concern for the HBDBID. In recent years, the city refreshed the paint and improved the lighting in the parking structure. Residents and visitors alike can visit the downtown district by riding the FREE Surf City Shuttle, provided by Visit HB during summer weekends. 78 7 TOURISM is a key component to business opportunities in Huntington Beach Downtown. While the HBDBID focuses on creating a sense of community pride and possesses a deep appreciation and affection for our local shoppers and diners, we are equally in love with our visitors from out of town. This quick glance of a recent page on Trip Advisor shows where visitors are traveling from and what they are saying about us: Downtown Huntington Beach loves mixing locals with tourists, reinforcing Huntington Beach as a premier Southern California tourist destination. The uniqueness of our downtown district plays a critical role in why business and leisure travelers alike chose to stay at one of our Oceanfront hotels or resorts. With over 1,400 oceanfront guestrooms in the area, we recognize our responsibility to ensure guest satisfaction, and build a return customer base. 79 8 BID SIGNATURE EVENTS SURF CITY NIGHTS Each Signature Event is designed to bring locals and visitors to our downtown destination. For our residents, these events provide an important sense of community pride, adding value to our city and positively impact the quality of life for those who live here. For our hotel guests and other visitors, these special events add to the attraction and uniqueness of our “Nothing Else Like It!” destination, creating memorable experiences for everyone. HBDBID’S success with Surf City Nights makes it possible to bring other special events to downtown throughout the year. Surf City Nights - Weekly Street Fair & Certified Farmers’ Market Since the Business Improvement District first created Surf City Nights as a year round event in 2007, this signature event has established itself as the largest year-round weekly festival in Southern California. SURF CITY NIGHTS features over 90 unique vendors, stretching up the first three blocks of Main Street. In addition to providing significant funds, and increasing visitors to the downtown destination weekly. Surf City nights provides booth space for city services, local non-profit groups, a venue for youth and local entertainers, and an Information Booth to help guide visitors and promote upcoming downtown events. 80 9 BID SIGNATURE EVENT HALLOWEENFEST It was another memorable event, as we welcomed record numbers of trick-or-treaters to a safe and friendly downtown experience. The Kids & Canine Costume Contest on 5th & PCH provided the perfect setting for hundreds of participants and spectators. FREE CANDY plus free attractions on Main Street such as inflatables, bounce houses, slides, games, and reptile zoo added to the family fun memories. Families also loved visiting with our Police, Fire & Marine Safety along with our Park & Recreation staff crafts table. This special event helps define downtown as a fun family destination. Visit HBDowntown.com to see the dozens more smile-making memories. 81 10 BID SIGNATURE EVENT MIRACLE ON MAIN STREET - TREE LIGHTING CEREMONY This Annual Tree Lighting Ceremony has grown into a wonderful tradition for our local families. The holiday décor expenditure is a significant percent of the HBDBID budget, representing the commitment of the businesses in downtown to provide a place for families to gather during the season. We are proud to be the place where families and friends gather to make memories and experience a sense of pride in their city. With a sparkling new tree over the fountain, HB Downtown kicked off the winter holiday season with an afternoon full of free entertainment, including a visit from both the Grinch and Santa Claus. Holiday entertainment was provided by local dancers and musicians, mostly youth groups. Plus, the HBDBID invited the City’s Park & Recreation Department and the HB Youth Shelter to participate. The HBDBID arranged for Santa Claus to visit the downtown district for five consecutive weeks, giving hundreds of families and friends the chance to visit and take photos with Santa for no charge, bringing more locals to downtown during the off-season. HALLOWEENFEST & MIRACLE ON MAIN ST. TREE LIGHTING represent two of the biggest events the business district presents, which are one-hundred percent about “giving back to the community.” 82 11 CHILI AT THE BEACH JUNE 2019 This Chili and Salsa Tasting Competition event gets hotter every year! This is one of HBDBID’s largest events. Main Street filled with both returning and first-timer participants and guests. In between samples of chili and salsa, the public enjoyed all-day music on two stages, a variety of unique vendors, and the company of friends and family. Kids’ events were held on 5th and PCH. This annual event, held the Saturday before Father’s Day, is a benefit for the Boys & Girls Clubs of Huntington Valley. SURF CITY DAYS SEPTEMBER 2018 Surf City Days is an event designed for locals to “take their beach back.” With a locals-only surfing contest, CBVA Volleyball Tournament, HSS/Surfline Demo Days, HB Cult Old Skool Skate, Kowabunga Van Klan Vintage VW Bus Show, and Surfin’ Sundays concert, 2018 was another stellar event for the community. We are in the process of planning an even bigger event for September 2019, when we combine Surf City Days with the He’e Nalu Aloha Pier Festival. By celebrating the spirit and culture of the South Pacific, we are excited to be building a weekend of entertainment and fun for families – both locally and from all over Southern California. 83 12 ADDITIONAL HIGH PROFILE DOWNTOWN EVENTS The HBDBID uses social media to support other downtown events that draw visitors into the HBDBID stakeholder’s businesses. Whether the streets are filling with locals for our popular annual Senior Saturday at the Pier, or over-flowing with visitors from all over for Vans US Open of Surfing or the Great Pacific Airshow, the HBDBID office works non-stop to promote these events, inviting guests to visit our businesses, and planning additional maintenance and safety services. For the 2018 Great Pacific Airshow, the HBDBID provided hours of FREE Valet Bike Parking. We are currently working with the promoter to determine how the downtown district will participate in 2019. We are proud to be the center location of the most exciting Southern California events. 5th & PCH activated more than a dozen special events, with the goal of bringing more shoppers, more diners, and more new and repeat visitors to downtown Huntington Beach. Events in collaboration with the HBDBID included: Surf City Days – Old Skool Skate, HalloweenFest – Costume Contest and Chili at the Beach – Kids Center. In addition, 5th & PCH presented their own special community events, increasing consumer traffic to downtown: The 5th & PCH 4th of July Float carried Miss HB and her court, and was featured on CNN’s 4th of July coverage. 5TH & PCH was also the TOP SPONSOR for the 2018 Great Pacific Air Show, in addition to other community events throughout the year. 84 13 BID ASSESSMENTS 2018-2019 BID ASSESSMENTS In October of 2018 the Assessment Zones were changed which resulted in a substantial number of businesses seceeding from the HBDBID. 32% 26% 30% 12% BENEFIT ZONE 1 170 MEMBERS 54 Retail 45 Service/Office 51 Restaurants 20 Misc 44% 38% 16%2% BENEFIT ZONE 2 90 MEMBERS 49 Retail 34 Service/Office 14 Restaurants 2 Misc 85 14 Retail and Restaurant businesses make up over 61% of the HBDBID membership and contribute over 84% of the dues. These visitor-serving businesses are important to our total membership, representing the heartbeat of our Downtown success and experience. 41% 12% 43% 4% PERCENT OF ASSESSMENT CONTRIBUTION 2018-2019 94 Retail 79 Service/Office 65 Restaurants 22 Misc 36% 30% 25% 9% PERCENT OF BID MEMBERS BY CATEGORY 2018-2019 94 Retail 79 Service/Office 65 Restaurants 22 Misc 86 15 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA  Hyatt Regency, Waterfront Beach Resort, Pasea Hotel and Pacific City seceded from the BID in October 2019.  Assessment excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors.  Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually.  Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the HB Downtown BID directly. 87 16 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Statement of Assets, Liabilities, and Equity Modified Cash Basis – As of June 30, 2019 Source: McGinty, Knudtson, & Associates, LLP | Certified Public Accountants July 23, 2019 88 17 HB DOWNTOWN BUSINESS IMPROVEMENT DISTRICT 2018 – 2019 Statement of Income – Modified Cash Basis Actual vs. Budget 89 18 Statement of Income Continued from previous page Source: McGinty, Knudtson, & Associates, LLP | Certified Public Accountants July 23, 2019 90 19 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT Proposed Budget for 2019 – 2020 91 20 Looking Ahead… Key Projects for 2019-2020  New Data Base Software – Once updated with all the current member information will be of significant tool in communicating to our members  Implementation of a new City Accounting system which will allow the BID Assessment to be included on the same invoice as the Business License  Downtown Days – An off season event planned with the BID merchants to offer discounts to citizens of Huntington Beach.  Research to propose new ambient lighting downtown to improve safety and the total quality experience of downtown at night  The HBDBID will continue to review and incorporate relevant recommendations from the 2017 IDA Report and incorporate current priorities into the development of a Strategic and Business Plan. COMMITTEES The HBDBID wishes to thank the following Committee Members for their service and dedication. Each person’s contributions are essential to our united efforts to improve Huntington Beach Downtown. BUDGET, FINANCE and GOVERNANCE Kate Leigh, 5th & PCH, Co-Chair Mike Williams, Longboards,- Co Chair Tony Duran, EV Rideables Nicole Thompson, First Bank Stephanie Wilson, Fred’s & Sandy’s VOLUNTEERS Thank you to our volunteers who devoted their time to work for the HBDBID during the year including volunteers from the Boys & Girls Clubs of Huntington Valley, and OCC Hospitality Program, plus Dakota Winding, and Susan Welfringer. The HBDBID would also like to thank Robert Koury, Dennis Gallagher, and Moe Kanoudi for their collaboration in dedicating the Fountain area in the memory of HBDBID founder, and past president, Steve Daniel of Rocky Mountain Chocolate Factory. Steve’s dedication to the promise of continued improvement in the downtown area will always be remembered. We are deeply indebted to Steve and his wife, Maxine, for all they have done to improve and enhance the downtown experience. NOMINATING COMMITTEE Steve Grabowski, The UPS Store Nicole Thompson, First Bank Stephanie Wilson, Fred’s & Sandy’s PRINTED COPIES of the Annual Report are available at the Huntington Beach Downtown Business Improvement District office, located at 315 3 rd Street, Suite E, Huntington Beach, CA 92648. Electronic versions can be viewed on www.hbdowntown.com, and also requested by contacting info@hbdowntown.com or calling 714.536.8300. 92 93 List of Businesses to be Assessed SPIRITUAL ORIGINS RIPCORD DIGITAL INC GRATER GRILLED CHEESE THE PIZZA PRESS JOLYN CLOTHING COMPANY HUNTINGTON BEACH OUTLET KENNETH BROW SALONS CHILI BEANS A STREET PARTNERS BRUXIE - GOURMET WAFFLE SANDWICHES RITTER'S STEAM KETTLE COOKING F45 TRAINING YORKTOWN STUDIO 37 SALON CRUISERS PIZZA BAR GRILL NORTH SHORE POKE BOBASAUR J & J COASTAL LENDING T R RANCH SERVICES LLC THE ICE CREAM WAY TOP HB NAILS BANZAI BOWLS THE BLOW DOWN INNOCEAN WORDWIDE AMERICAS C V S / PHARMACY MERRILEE'S INC FOREVER 21 RIP CURL SURF CENTER TAKEYA USA CORP JIMBOY'S TACOS RUBY'S SURF CITY DINER LETS GO FISHING SURF CITY STORE KITE CONNECTION JACK'S SURFBOARDS INVESTMENT BUILDERS LLC INNOCEAN WORDWIDE AMERICAS WEAVER & ASSOCIATES MCA TRADING LLC RIO MEDIA INC IPA 1031 GROUP LLC CORREA & ASSOCIATES TURN KEY HOMES SPEEDY CREDIT REPAIR INC P R TALENT CAPITAL MARKETING COMPANY 94 PERQ'S NIGHTCLUB & SPORTSBAR THE NEXT LEVEL SURF CITY EXPRESS GIFTS CENTER SOCK HARBOR WAHOO'S FISH TACO QUIKSILVER W & R STUDIOS CALIFORNIA CLOTHING MANGIAMO GELATO NEKTER JUICE BAR SMOKERZ LAND 3 SMOKE SHOP HUNTINGTON SURF & SPORT VENTEA CAFÉ 2ND FLOOR FAD BEACH ISLAND NAILED IT NAIL BAR F H A REVIEW ROBERT KOURY PROPERTIES MAIN STREET OPTICAL & BOUTIQUE CRABBY'S BOAT HOUSE ROCKY MOUNTAIN CHOCOLATE FACTORY HURRICANES BAR & GRILL B J'S CHICAGO PIZZERIA CHARLIE'S GYRO I H O P MAIN STREET HAIR COMPANY CALI SHORE STORE SURF CITY MARKET TZONE COACH'S MEDITTERANIAN GRILL AMERICAN VINTAGE BASKIN-ROBBINS #362100 SAKAL SURFBOARDS HUNTINGTON BEACH BEER COMPANY THE FUNNEL HOUSE CALI CLOTHING II SALT LIFE LLC KILLARNEY'S RICHARD HARLOW & ASSOCIATES SHARKEEZ SUGAR SHACK BOGGELN & COMPANY CPA NO KA OI LONGBOARD RESTAURANT & PUB LUIGI'S RESTAURANT ZERO ZERO PIZZERIA H M R ARCHITECTS 95 ALOHA GRILL WELLS FARGO HOME MORTGAGE HAMLIN GOODING 221 N MAIN STREET BEACH PROPERTIES LLC TEAM DESIGN & CONSTRUCTION STARBUCKS COFFEE COMPANY #575 DOS TOROS MAILPIX INC SALON VEYSEL ZIMBABWE HB GIFTS & ACCESSORIES (CT) HOT TRENDS SUNGLASSES (CT) WAVELENGTHS RECOVERY LLC PARKING CONCEPTS INC MAIN STREET DAY SPA HOT TRENDS SUNGLASSES (CT) HOT TRENDS SUNGLASSES (CT) SAFFRON CUISINE OF INDIA POSITIVE THOUGHT BRAND SUSHI ON FIRE MAIN STREET WINE COMPANY PARLOUR E LEV EN ZIMBABWE HB GIFTS & ACCESSORIES (CT) POSITIVE THOUGHT BRAND WORLD OF SOUVENIRS (CT) SHABU ON FIRE AUTOMATED CASH MANAGEMENT SYSTEMS (ACMS) ROCKIN FIGS SURF HEADQUARTERS AVILA'S EL RANCHITO H B DARE ME BIKINI MAKIN WAVES SALON HUNTINGTON BEACH REALTY HUNTINGTON BEACH BICYCLE COMPANY DIANES / BEACH FEVER MODEL CITIZEN HUNTINGTON BEACH EASY RIDER, DANK CLOTHING 7-ELEVEN STORE #35767B THE UPS STORE #4482 COLDSTONE CREAMERY THE IRISHMAN DAIRY QUEEN T K BURGERS SUNWEST REALTY BLACK BULL CHOP HOUSE MODERN PARKING INC ANDE'S PERUVIAN ARTS & CRAFTS ANDE'S PERUVIAN ARTS & CRAFTS BLK EARTH SEA SPIRTS 96 LUNA UNITED VEGWARE PACKAGING INC GALLAGHER'S PUB & GRILL HAVAIANAS SANDALS ARMIJO ANTHONY (CT) CELLORION (CT) SURF CITY HOT DOG CO FRED'S MEXICAN CAFE PEREZ RODI GRUPO GALLEGOS PIERSIDE COMMISSARY HUNTINGTON SURF & SPORT W S L NORTH AMERICA SURF CITY EXPRESS ICECREAMTON SOFTY ICECREAM & HANDCRAFTED CHURROS SUBWAY SURFLINE CB INVESTMENTS INC PACIFIC SOTHEBY'S INTERNATIONAL REALTY ARMIJO ANTHONY (CT) SANDY'S BEACH SHACK DUKES SESSIONS WEST COAST DELI EL DON LIQUOR SHOREBREAK HOTEL LAZ PARKING CALIFORNIA LLC 25 DEGREES HB CAPITAL INVESTMENT NETWORK INC M E HELME HOUSE FURNISHING CO SURF CITY ALE HOUSE GALITZEN PROPERTIES BOW AND ARROW HAIR LOUNGE HEADLINER SAIL PROPERTIES LEE ROBINSON, CPA RMA INTERNATIONAL LANDSCAPE ARCHITECTURE SALON RETRO HAVEN OF WELLNESS COASTLINE REAL ESTATE INVESTMENTS LLC 1 LOOK VINTAGE SIGNATURE PRINTING PEDEGO HB DING DR SURFBOARD AND BIKE RENTALS A&S ACCOUNTING SOLUTIONS PETE'S MEXICAN FOOD PRISTINE MOTORSPORTS 97 PORCELAIN SALT HAIR LOUNGE JAX BICYCLE CENTER SURF CITY CHIROPRACTIC E J I DESIGNS NEIRA DESIGNS & FIX-IT MOOD SWINGS ORANGE COUNTY BARBERS PARLOR SURF CITY SEGWAY MAILBOX STATION BOARD WEST HORN HOLISTIC ACUPUNCTURE PHOTO HOUSE INC MIN'S DYNASTY PERMANENT MAKEUP MOTIF ON MAIN SALON MINNOW ELEVEN AMBIT CONSULTING LLC HOWARD FISCHER DVM WESTLAND BUSINESS SERVICES INC PACIFIC RIM TAX & ACCOUNTING ARIA HOOKAH LOUNGE PERFECTED WEALTH MANAGEMENT MILK & HONEY SOLENA LANDSCAPE ATM GLOBAL INCORPORATED EIDO THE TRAINING SPOT FIRST BANK GENTLE DENTAL HUNTINGTON BEACH MONTGOMERY JEWELERS JAN'S BODHI TREE VEGETARIAN CAFÉ MAIN STREET CLEANERS ZEPHYR BARBERSHOP LUCY'S TAILORING & ALTERATIONS DIRTY DOG WASH MAIN STREET LIQUOR EUROPA NAIL STUDIO CUCINA ALESSA HB THAI WAVE LEATHER AND LACE O C BARE BUNNY AESTHETICS ESTHETICS AND LASH EXTENSIONS BY HANNAH CASSANDRA CAPRI HAIR BEAUTY BUNGALOWS BY PORCELAIN BEACH WAVES SUGAR CABANA 98 ALCHEMY SALON VANILLA BLU SALON SUITE INSPIRATION COCO HONEY LASHES LOVE LOCKS KOMOREBI HAIR STUDIO SKIN REHAB CONTINENTAL CLEANERS SMILES CAFÉ INTEGRATIVE PAIN AND WELLNESS CLINIC MERL L FLEMING DDS DANIEL JAFFE DDS BRENT O NICHOLS DDS DWIGHT'S BEACH CONCESSION ZACKS PIER PLAZA SANCHO'S TACOS 602 COFFEE HOUSE 7-ELEVEN STORE HUNTINGTON SURF INN KOKOMO'S SURFSIDE GRILL JACK'S BEACH CONCESSION NAUGLES WATERFRONT HILTON BEACH CABANA ZACKS TOO EV RIDEABLES LLC DUNK 57 NO MOORE FUZZ PACIFIC COAST BODY SCULPTING LLC 99 15 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT FORMULA Hyatt Regency, Waterfront Beach Resort, Pasea Hotel and Pacific City seceded from the BID in October 2019. Assessment excluded for apartments, real estate agents, non-profits, home-based businesses and temporary vendors. Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the HB Downtown BID directly. 100 101 City of Huntington Beach File #:19-877 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: Adopt Resolution No. 2019-56 authorizing submittal of an application for a California Coastal Commission (CCC) Local Coastal Program (LCP) Planning Grant Statement of Issue: The Budget Act of 2018 and 2019 respectively provided for $1.5 million for Coastal Commission grants to local governments to support Local Coastal Program (LCP) planning efforts. The California Coastal Commission under the authority of the California Coastal Act may provide financial assistance to support local coastal planning and has approved a competitive grant program to provide financial assistance. This Request for Council Action seeks authorization for staff to submit a grant application for up to $300,000 to fund a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the City’s existing certified LCP. Financial Impact: No fiscal impact. Recommended Action: Adopt Resolution No. 2019-56, “A Resolution of the City Council of the City of Huntington Beach Authorizing Submittal of an Application for a California Coastal Commission LCP Planning Grant.” Alternative Action(s): Do not adopt the Resolution and direct staff accordingly. Analysis: The LCP Program is an essential component of the California Coastal Act. LCPs implement the statewide goals and policies of the Coastal Act at the local level and are required by the Coastal Act for each local coastal jurisdiction. LCPs and LCP updates are developed by local governments and, once certified by the Commission, the local government assumes responsibility for issuance of most coastal development permits pursuant to the certified LCP. City of Huntington Beach Printed on 8/14/2019Page 1 of 2 powered by Legistar™102 File #:19-877 MEETING DATE:8/19/2019 The City’s LCP was initially certified by the Coastal Commission in 1985 and was last comprehensively updated in 2001 following the 1996 General Plan Update. According to the Coastal Commission, many of the LCPs that were certified in the 1980s and 1990s are now out of date and would benefit from updating to reflect changed conditions, new information and knowledge, and new programs and policies. Updated LCPs provide more certainty for economic development and enable stronger coastal resource protection in light of current environmental conditions and other factors. The City is requesting $300,000 - there is no match requirement. This grant would enable the City to update its existing certified LCP to address current Coastal Commission guidance and continue to issue our own coastal development permits as well as incorporate the Sunset Beach area. Environmental Status: Pursuant to Section 15265 of the California Environmental Quality Act (CEQA) guidelines, CEQA does not apply to activities and approvals by local governments necessary for the preparation and adoption of a local coastal program. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2019-56, “A Resolution of the City Council of the City of Huntington Beach Authorizing Submittal of an Application for a California Coastal Commission LCP Planning Grant.” City of Huntington Beach Printed on 8/14/2019Page 2 of 2 powered by Legistar™103 104 105 106 City of Huntington Beach File #:19-879 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Michele Warren, Director of Human Resources Subject: Adopt Resolution No. 2019-57 appointing David Segura as Interim Fire Chief and approving the Employment Agreement Statement of Issue: The City is in the process of conducting a nationwide recruitment to fill the Fire Chief vacancy created by the retirement of the former Fire Chief on July 26, 2019. The City Manager recommends the City Council appoint David Segura as Interim Fire Chief until the recruitment process concludes. Financial Impact: No additional appropriation is requested. Funding is included in the FY 2018-19 and FY 2019-20 budget. Recommended Action: A) Adopt Resolution No. 2019-57, “A Resolution of the City Council of the City of Huntington Beach Appointing David Segura as Interim Fire Chief;” and, B) Approve and authorize the Mayor to execute the “Employment Agreement Between the City of Huntington Beach and David Segura.” Alternative Action(s): Do not adopt Resolution No. 2019-57 and do not approve the Employment Agreement and direct Staff to present an alternative solution. Analysis: Fire Chief David Segura retired from City service on July 26, 2019. The City is in the process of conducting a nationwide recruitment to fill the position. Mark Daggett is currently serving as the Acting Fire Chief. To maintain the integrity of City service with respect to the City’s overall fire service City of Huntington Beach Printed on 8/14/2019Page 1 of 2 powered by Legistar™107 File #:19-879 MEETING DATE:8/19/2019 operations, it is recommended that the City Council approve the appointment of David Segura to serve as the Interim Fire Chief until the City concludes the national recruitment to fill the vacancy. The adoption of Resolution No. 2019-57 and the execution of the employment agreement is required by CalPERS for employment of retired annuitants at the Department Head/Executive level pursuant to Government Code Section 21221(h). The Office of Human Resources has recently begun the process of launching a national recruitment for the vacant Fire Chief position. It is anticipated that the position will be filled by late November or early December, 2019. The hourly compensation for the position of Interim Fire Chief is $106.31 with no City-provided benefits. The interim appointment of Chief Segura is compliant with California Government Code Section 21221(h). Environmental Status: N/A Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 2019-57 2. David Segura Employment Agreement 3. David Segura Resume City of Huntington Beach Printed on 8/14/2019Page 2 of 2 powered by Legistar™108 109 110 111 112 113 114 115 116 117 118 119 120 121 City of Huntington Beach File #:19-758 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Recommendation to open Public Hearing and continue to September 3, 2019 to consider the Appeal of Planning Commission Denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Ave. Condos) Statement of Issue: Transmitted for your consideration is Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042,a request to permit a one-lot subdivision and development of a four-story mixed-use building including 48 new condominium residences with 891 square feet of commercial space and three levels of subterranean parking located at 8041 Ellis Avenue. Staff recommended approval of the project with suggested findings and conditions of approval to the Planning Commission. On June 11, 2019, the Planning Commission voted to deny the project. An appeal of the Planning Commission’s decision was subsequently filed by the property owner, Tahir Salim, who has requested a continuance to the September 3, 2019, City Council meeting. Financial Impact: Not applicable. Recommended Action: Open the public hearing and continue the appeal of Planning Commission Denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Ave. Condos) to a date certain of September 3, 2019, at the applicant’s request (Attachment No. 9). Alternative Action: Do not continue the item and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant:Jeff Herbst, MCG Architecture, 111 Pacifica, Suite 280, Irvine, CA 92618 City of Huntington Beach Printed on 8/14/2019Page 1 of 4 powered by Legistar™122 File #:19-758 MEETING DATE:8/19/2019 Appellant/Property Owner:Tahir Salim, THDT Investment, Inc., 4740 Green River Road, Suite 304, Corona, CA 92880 Location: 8041 Ellis Avenue (North side of Ellis Ave., between Beach Blvd. and Patterson Ln.) A comprehensive description of the proposed project as well as a General Plan and Zoning conformance analysis can be found in the May 28, 2019,Planning Commission staff report (Attachment No. 3). The staff report and attachments include the proposed site plan, floor plans, elevations, subdivision map, technical studies related to air quality, traffic, hydrology/water quality, and geological/soils, and written communications regarding the project. B. BACKGROUND On May 28, 2019, the Planning Commission held a public hearing to consider the proposed project. Staff had recommended approval with reasons noted in Attachment #2. The property owner spoke in support of the project describing the benefits of redeveloping the underutilized and dilapidated site. Two members of the public spoke in opposition due to site access issues, small lot size for the proposed density, parking, traffic, and the existing supply of apartments within the City. The Planning Commission then deliberated and expressed concerns related to the required findings. Issues were raised regarding the proposed project’s impact on Ellis Avenue traffic, shadows on adjacent properties, unsafe ingress/egress to the project site, increased U-turns at Patterson Lane, a small portion of the project devoted to commercial use, and marginal public open space. Ultimately, the Planning Commission directed staff to return with suggested findings for denial at the next regularly scheduled meeting of June 11, 2019. A full analysis of the required findings for both the proposed subdivision map and the proposed CUP is contained in the June 11, 2019,Planning Commission staff report (Attachment No. 3). On June 11, 2019, the Planning Commission continued the public hearing and one speaker representing the applicant/property owner spoke in favor of the project. After deliberations, the Planning Commission denied the project, finding that the subdivision design is not consistent with the General Plan or the Beach and Edinger Corridors Specific Plan (BECSP) in that the project design fails to further a number of goals and policies contained within the General Plan and BECSP (Attachment No. 6). The Planning Commission also found that development of the proposed project would result in a site that is not physically suitable for the type of development in that the site will not function as an integrated development compatible with the vision of the BECSP by merging three existing lots into a single long and narrow 0.95 acre parcel. The long and narrow parcel is not physically suitable for the proposed mass, bulk, and intensity of the proposed four story mixed use project and does not complement the scale and proportion of surrounding one and two-story developments. The project will generate conflicts with vehicular circulation on Ellis Avenue and there will be no connectivity for bicyclists to continue onto Beach Boulevard. Additionally, the Planning Commission found that approval of the project would result in a site that is City of Huntington Beach Printed on 8/14/2019Page 2 of 4 powered by Legistar™123 File #:19-758 MEETING DATE:8/19/2019 Additionally, the Planning Commission found that approval of the project would result in a site that is not physically suitable for the proposed density of development in that the proposed project results in a density of approximately 50 dwelling units per acre while the adjacent residential property is built at an aggregate density of 13 dwelling units per acre. The Planning Commission was unable to make all of the required findings for a CUP, contained in Section 241.10(A) of the HBZSO, and denied the project. The Planning Commission found the project did not comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 and any specific condition required for the proposed use in the district in which it would be located in that the project does not further the vision of the Town Center Neighborhood Segment of the BECSP, which envisions a vibrant commercial corridor within the Five Points District of the BECSP. The proposed project site is located within the Five Points District and does not further a vibrant commercial corridor because only one and a half percent (1.5%) of the total square footage of the project is allocated to commercial use, there is insufficient vehicular ingress and egress to the site, and the project proposes marginal public open space that does not contribute to the BECSP’s vision of walkability and pedestrian connections between public and private property. Planning Commission Action on June 11, 2019 A motion was made by Grant, seconded by Kalmick, to deny Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 with findings carried by the following vote: AYES: Grant, Kalmick, Mandic, Perkins, Ray, Scandura NOES: Garcia ABSTAIN: None ABSENT: None MOTION PASSED C. APPEAL: On June 20, 2019, the property owner, Tahir Salim, appealed the Planning Commission’s denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Attachment No. 7). The appeal letter included the following reasons: 1. The Planning Commission’s concerns about the project may instead become conditions of approval. 2. The Planning Commission denied the project for subjective reasons even though the project complied with the applicable development standards of SP14. 3. The project complies with the land use goals and policies including density, consolidation of parcels, and provides a range of housing to meet the needs of the City. The applicant’s appeal also includes additional information for City Council consideration to address the Planning Commission’s concerns related to project design and access. The applicant provided traffic control measures for right turn exit only, additional shadow analysis, and letters of support. The applicant requests the City Council consider the project and the supplemental information in order to achieve a project design that complies with the applicable General Plan policies and required City of Huntington Beach Printed on 8/14/2019Page 3 of 4 powered by Legistar™124 File #:19-758 MEETING DATE:8/19/2019 order to achieve a project design that complies with the applicable General Plan policies and required findings. Environmental Status: Pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457, the proposed project is covered under the Beach and Edinger Corridors Specific Plan adopted Program EIR No. 08 -008. Implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final EIR for the BECSP. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Findings for Denial of TTM No. 18157/ CUP No. 17-042 (PC action on 6/11/19) 2. Findings and Conditions of Approval for Approval of TTM No. 18157/ CUP No. 17-042 (as presented to PC on 5/28/19) 3. Project Plans (see Attachment No. 5 of Attachment No. 4 - May 28, 2019 PC Staff Report) 4. May 28, 2019 Planning Commission Staff Report with Suggested Findings for Approval and Attachments 5. June 11, 2019 Planning Commission Staff Report with Suggested Findings for Denial and Attachments 6. Notice of Action for TTM No. 18157/CUP No. 17-042 with Findings for Denial dated June 12, 2019 7. Appeal of Planning Commission Project Denial received June 20, 2019 8. Public Comments Regarding Appeal of Planning Commission Denial 9. Appellant’s Request for Continuance received and dated August 6, 2019 City of Huntington Beach Printed on 8/14/2019Page 4 of 4 powered by Legistar™125 SUGGESTED FINDINGS FOR DENIAL TENTATIVE TRACT MAP NO. 18157 CONDITIONAL USE PERMIT NO. 17-042 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15182 of the CEQA Guidelines and Government Code 65457, because the project is a mixed-use development that conforms with the Beach and Edinger Corridors Specific Plan for which Program EIR No. 08-008 was adopted and implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final EIR for the BECSP. Compliance with all applicable mitigation measures adopted for the Specific Plan will be required of the project. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines are present and, therefore, no EIR or MND is required. The Project, located on the north side of Ellis Avenue between Beach Boulevard and Patterson Lane, consists of a four-story mixed-use building including 48 condominium residences with on- site public and private open space, a three level subterranean parking structure and 891 square feet of commercial space. The development site is located within the Town Center Neighborhood Segment of the Beach and Edinger Corridors Specific Plan (BECSP) area. The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. In 2015, the City Council amended the BECSP to reduce the Maximum Amount of New Development to 2,100 total new dwelling units including 725 units on Beach Boulevard. There are 200 undeveloped units remaining within the MAND on Beach Boulevard. The 48 units contemplated by the project is within the total new dwelling units permitted on Beach Boulevard under the approved BECSP. The project conforms to all standards and regulations of the BECSP development code. Accordingly, no changes requiring revision of the previously certified Program EIR are proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously certified Program EIR or that the significant effects identified in the certified Program EIR will be substantially more severe than determined in the Program EIR. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project. SUGGESTED FINDINGS FOR DENIAL - TENTATIVE TRACT MAP NO. 18157: 1. Tentative Tract Map No. 18157 for the consolidation of three parcels into one 0.95 acre parcel is not consistent with the goals and policies of the General Plan. The project does not comply with the Beach and Edinger Corridors Specific Plan due to land use and circulation impacts. 2. The site is not physically suitable for the type and density of development proposed by the project. The site will not function as an integrated development compatible with the vision of SP14 by merging three existing lots into a single 0.95 acre parcel. The length and height of the proposed building is not compatible with the long, narrow characteristics of the 0.95 acre 126 site. The project will generate conflicts with vehicular circulation on Ellis Ave. and there will be no connectivity for bicyclists to continue onto Beach Blvd. 3. The design of the subdivision or the type of improvements will conflict with public vehicular traffic. Vehicular access is provided via a single driveway along Ellis Avenue. The project will not allow motorists exiting the project site to turn left onto Ellis Ave. from the driveway and motorists entering the project site from eastbound Ellis Ave. will be required to make a u-turn at Patterson Ln. to access the site. Residents and visitors can not access the project site from eastbound Ellis Ave. without continuing past the project to Patterson Ln. to make a u-turn into the project site. Additionally, even though motorists will be required to exit the project via a right hand turn onto Ellis Ave. only, motorists who do not abide by this restriction due to frequent queuing on Ellis Ave. can create conflicts with eastbound Ellis Ave. traffic. SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 17-042: 1. Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences and 891 sf. of retail space will be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project is a four-story building that is incompatible with surrounding developments, including two-story older multi-family residences to the east and a car wash and restaurant to the west. 2. The proposed project is not consistent with the Town Center Neighborhood Segment of the Beach and Edinger Corridors Specific Plan which supports the use of the Five Points Center as a community retail center. The proposed project does not encourage the restructuring and revitalization of surrounding properties to enhance the market appeal of the Five Points District of the BECSP. The project does not support the vibrant commercial corridor envisioned in the Five Points District because only one percent of the total square footage of the project is allocated to commercial use. 3. The granting of Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences and 891 sf. of retail space will adversely affect the General Plan. The project is not consistent with the following objectives and policies of the General Plan: 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. Policy 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. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. 127 Goal LU-2: New development preserves and enhances a distinct Surf City identity, culture, and character in neighborhoods, corridors, and centers. Policy LU-2B: Ensure that new and renovated structures and building architecture and site design are context-sensitive, creative, complementary of the city’s beach culture, and compatible with surrounding development and public spaces. Policy LU-2C: Distinguish neighborhoods and subareas by character and appearance and strengthen physical and visual distinction, architecture, edge and entry treatment, landscape, streetscape, and other elements. Evaluate the potential for enhancement of neighborhood entrances and perimeter walls. Policy LU-2D: Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-3: Neighborhoods and attractions are connected and accessible to all residents, employees, and visitors. Policy LU-3A: Ensure that future development and reuse projects are consistent with the Land Use Map to provide connections between existing neighborhoods and city attractions. Policy LU-3C: Ensure connections are well maintained and safe for users. Goal LU-12: Commercial and industrial corridors throughout the planning area are renovated and revitalized. Policy LU-12B: Encourage renovation and revitalization of deteriorating and struggling nonresidential areas and corridors, particularly commercial locations. Circulation Element Goal CIRC-3a: Convenient and efficient connections between regional transit and areas of employment, shopping, recreation, and housing will increase ridership and active mobility, with a focus on first/last mile solutions. Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to-day required activities in a safe and efficient manner for all ages and abilities. The proposed development is not consistent with the Beach and Edinger Corridors Specific Plan. The BECSP encourages buildings to orient towards streets and provide enhancements to the pedestrian and public experience. Approximately five percent of the building length is oriented towards Ellis Ave. while the remainder is oriented to the adjacent residences to the east and commercial uses to the west. Further, the project architectural design and scale is not compatible with the vision of the BECSP. The adjacent properties will be impacted by the height and massing of the proposed project. The length and height of the proposed building is not compatible with the long, narrow characteristics of the 0.95 acre site. The project does not support the vibrant commercial corridor envisioned in the Five Points District because only one percent of the total square footage of the project is allocated to commercial use. 128 The proposed project does not create continuity with new and existing development along the Beach Boulevard corridor. Beach Blvd. does not include a bikeway and existing bike facilities on Ellis Ave. terminate at the intersection with Beach Blvd. because the project does not propose to augment or expand the existing bikeways. Ingress and egress to the project site generate conflicts with the flow of traffic on Ellis Ave. There is no access or connectivity to the project site from Beach Blvd. Vehicular access is provided via a single driveway along Ellis Avenue. The project will not allow motorists exiting the project site to turn left onto Ellis Ave. from the driveway and motorists entering the project site from eastbound Ellis Ave. will be required to make a u-turn at Patterson Ln. to access the site. Residents and visitors can not access the project site from eastbound Ellis Ave. without continuing past the project to Patterson Ln. to make a u-turn on Ellis Ave. to access the project site. Additionally, even though motorists will be required to exit the project via a right hand turn onto Ellis Ave., motorists who do not abide by this restriction due to frequent queuing on Ellis Ave. can create conflicts with eastbound Ellis Ave. traffic. 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. 129 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 18157 CONDITIONAL USE PERMIT NO. 17-042 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15182 of the CEQA Guidelines and Government Code 65457, because the project is a mixed-use development that conforms with the Beach and Edinger Corridors Specific Plan for which Program EIR No. 08-008 was adopted and implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final EIR for the BECSP. Compliance with all applicable mitigation measures adopted for the Specific Plan will be required of the project. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines are present and, therefore, no EIR or MND is required. The Project, located on the north side of Ellis Avenue between Beach Boulevard and Patterson Lane, consists of a four-story mixed-use building including 48 condominium residences with on- site public and private open space, a three level subterranean parking structure and 891 square feet of commercial space. The development site is located within the Town Center Neighborhood Segment of the Beach and Edinger Corridors Specific Plan (BECSP) area. The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. In 2015, the City Council amended the BECSP to reduce the Maximum Amount of New Development to 2,100 total new dwelling units including 725 units on Beach Boulevard. There are 200 undeveloped units remaining within the MAND on Beach Boulevard. The 48 units contemplated by the project is within the total new dwelling units permitted on Beach Boulevard under the approved BECSP. The project conforms to all standards and regulations of the BECSP development code. Accordingly, no changes requiring revision of the previously certified Program EIR are proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously certified Program EIR or that the significant effects identified in the certified Program EIR will be substantially more severe than determined in the Program EIR. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project. SUGGESTED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 18157: 1. Tentative Tract Map No. 18157 for the consolidation of three parcels into one 0.95 acre parcel is consistent with the General Plan Land Use Element designation of Mixed Use on the subject property. The project complies with all applicable code provisions of the Subdivision Map Act, Huntington Beach Zoning and Subdivision Ordinance, and Beach and Edinger Corridors Specific Plan. The project will result in the demolition of an existing commercial building, one dwelling unit, and a portion of a former car wash and facilitate the development of a mixed-use building permitted by code. The proposed subdivision is consistent with goals, policies, and objectives of the General Plan Land Use Element that govern new subdivisions and residential development. 130 2. The site is physically suitable for the type and density of development in that the project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The site is located within the Beach and Edinger Corridors Specific Plan, which permits mixed-use buildings and residential uses within close proximity of commercial uses. The specific plan is a form-based code that does not rely on density to limit development, but rather the building form to create an attractive public experience appealing to pedestrians. By merging the three existing lots into one, the site will function as an integrated development compatible with the vision of the growing urban Beach Boulevard corridor. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the site has been previously used as a car wash, one dwelling unit, and a convenience store. The site does not contain any significant habitat for wildlife or fish. Design features of the project as well as compliance with the provisions of the Beach and Edinger Corridors Specific Plan will ensure that the subdivision will not significantly impact the function and value of any resources adjacent to the project site. The project will comply with applicable mitigation measures pursuant to Program EIR No. 08- 008. 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. Vehicular access is provided via a driveway along Ellis Avenue. The subdivision will provide all necessary street, sidewalk, and utility easements to serve the new subdivision. The project will dedicate four feet of land to widen the existing sidewalk (public right-of-way) along Ellis Avenue. The project will provide all necessary easements and will not affect any existing easements. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 17- 042: 1. Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences, 891 sf. of retail space and associated infrastructure and site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because as conditioned, the project will result in less than significant impacts related to traffic, noise, lighting, aesthetics, and privacy of adjacent residences. Existing multi-family residences adjacent to the east will be buffered from the project by an approximately 33 ft. 7 in. setback on the east side of the project site consisting of landscaping and a driveway. Residents of the project and the general public, including nearby residents, will benefit from the new commercial portion of the building and the public plaza. Based upon the conditions of approval and BECSP mitigation measures, the proposed project will not result in significant impacts onto adjacent properties in that the project complies with setbacks, onsite parking requirements, and allowable building height. The project is a four-story building that is compatible with surrounding developments in terms of architectural design and scale pursuant to the massing and scale requirements of the BECSP. The proposed mixed-use development will be compatible with the surrounding multi-family residential uses and commercial uses in terms of density, layout and overall design. With the conditions of 131 approval imposed, the project’s grading and drainage pattern will result in compatible finished grades between adjacent properties. 2. The proposed project will comply with the Town Center Neighborhood Segment of the Beach and Edinger Corridors Specific Plan, and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because the project complies with all other setback standards, building height, top and base architectural element requirements, and parking. 3. The General Plan Land Use Map designation on the subject property is currently M-sp (Mixed Use – Specific Plan Overlay). Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences, 891 sf. of retail space and associated infrastructure and site improvements is consistent with this designation and the goals and policies of the City’s General Plan as follows: 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. Policy 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. Policy LU-1B: Ensure new development supports the protection and maintenance of environmental and open spaces resources. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D: Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-3A: Ensure that future development and reuse projects are consistent with the Land Use Map to provide connections between existing neighborhoods and city attractions. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. Policy LU-4B: Improve options for people to live near work and public transit. 132 Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13A: Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The proposed development is consistent with the Beach and Edinger Corridors Specific Plan which encourages buildings to orient towards streets, wider walkways, and large open space areas to enhance the pedestrian and public experience. Approximately 2,703 sq. ft. of public open space will be provided in a plaza accessible from Ellis Avenue. This area will be designed with enhanced landscaping, seating areas, and visually appealing amenities. The architecture of the building is contemporary, incorporating notches, major façade offsets, and façade composition changes to break up the massing of the building at street frontages. Brick veneer is applied along the base of the building with canopies at entrances to cater to the pedestrian scale. The façade skyline is then capped with parapets and articulating rooflines. Additionally, this mixed-use development will provide an on-site commercial component and is proposed within close proximity of new and existing commercial uses thus reducing the need for automobile use. By permitting a mix of land uses closer together, greater interaction will occur between developments and further the vision and viability of the BECSP. Housing Element Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Policy 2.2 Residential Mixed Use: Facilitate the efficient use of land by allowing and encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations. Policy 2.3 Beach and Edinger Corridors Specific Plan: Encourage and facilitate the provision of housing affordable to lower income households within the Beach and Edinger Corridors Specific Plan. Policy 6.4 Transportation Alternatives and Walkability: Incorporate transit and other transportation alternatives including walking and bicycling into the design of new development, particularly in areas within a half mile of designated transit stops. The suggested conditions of approval for Tentative Tract Map No. 18157 would ensure that the project is developed in accordance with the proposed project narrative and guarantee that the project provides 5 onsite affordable housing 133 units. The project represents new housing in the City that will help to fulfill the City’s share of the regional housing need. The proposed project would accommodate and is designed to appeal to different age groups and household types. A minimum of ten percent of the units are required to be designated for affordable housing. The project applicant proposes to provide five on-site affordable housing units in order to comply with the affordable housing requirement. Residents will benefit from the proximity of the project to different activities and uses. The project provides opportunities and convenience for many households to use alternate travel modes such as walking, bicycling, and public transit to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. Circulation Element Goal CIRC-3a: Convenient and efficient connections between regional transit and areas of employment, shopping, recreation, and housing will increase ridership and active mobility, with a focus on first/last mile solutions. Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to- day required activities in a safe and efficient manner for all ages and abilities. Policy CIRC-6(C): Require new commercial and residential projects to integrate with pedestrian and bicycle networks, and that necessary land area is provided for the infrastructure. The proposed streetscape will create continuity with new and existing development along the Beach Boulevard corridor by providing a sidewalk with new landscaping to buffer pedestrians from the vehicular thoroughfare. Pedestrian connectivity is improved with landscaping and architectural elements through the proposed public open space and wider sidewalks. The project is serviced by an existing bus stop at the intersection of Beach Blvd. and Ellis Ave. and also provides bicycle parking in the subterranean parking structure to accommodate alternative methods of transportation. SUGGESTED CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP NO. 18157: 1. Tentative Tract Map No. 18157 for consolidation of three existing parcels into a one-lot subdivision for a mixed-use 48 unit residential and 891 square feet commercial development received and dated April 23, 2019, shall be the approved layout, including the following: a. The existing 6-foot easement (along the subject site’s westerly property line) for Public Utility Purposes shall be quitclaimed to eliminate any encroachment by the proposed water quality basin or the proposed basin shall be relocated to eliminate any encroachments into said easement. b. The existing 20-foot easement, over existing Parcels 1 and 2 (along the subject site’s westerly property line) for Ingress and Egress Purposes shall be 134 quitclaimed to eliminate any encroachment by the proposed building or the proposed building shall be relocated to eliminate any encroachments into said easement. 2. The Final Map for Tentative Tract Map No. 18157 shall not be approved by the City Council until Conditional Use Permit No. 17-042 is approved and in effect. 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 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. The following shall be shown as a dedication to the City of Huntington Beach on the Final Tract Map (HBZSO 230.84 (A) & 253.10 (K)) (PW): a. A 4-foot right-of-way dedication for street purposes along the Ellis Avenue project frontage for a curb to property line width of 12 feet. (BECSP) 5. Prior to submittal of the Final Map and at least 90 days before City Council action on the Final Map, an Affordable Housing Agreement (AHA) shall be submitted to the Departments of Community Development and Economic Development identifying three on-site units for- sale as affordable for persons and families of moderate income and two on-site units for- sale as affordable for persons and families of low income pursuant to Section 230.14 of the HBZSO. The AHA shall identify five on-site units for rent as affordable for persons and families of low income in the event the project is operated as rental apartment units. The Affordable Housing Agreement shall be reviewed and approved by the City Council and shall be recorded with the Orange County Recorder’s Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Sections 230.14 and 230.26 and include: i. A detailed description of the type, size and location of the five affordable housing for- sale units on-site. The mix of designated affordable one bedroom and two bedroom units shall be determined in the Agreement. ii. There shall be three on-site units for sale as affordable to persons and families of moderate income (up to 120% of the Orange County median income). There shall be two on-site units for sale as affordable to persons and families of low income (up to 80% of the Orange County median income). The Orange County median income is adjusted for appropriate household size. iii. In the event the project is operated as rental apartment units, the Agreement shall identify five on-site units for rent as affordable to persons and families of low income (up to 80% of the Orange County median income). The Orange County median income is adjusted for appropriate household size. iv. Continuous affordability provisions for a period of 45 years (for-sale units) and 55 years (rental units). Any required for-sale affordable units shall be owner-occupied (not rented or leased). 135 v. Provisions for the affordable units to be constructed prior to or concurrent with the primary project. Phasing and availability of the affordable units shall be concurrent with final approval (occupancy) of the first market rate residential unit(s), or contingent upon evidence of the applicant’s reasonable progress towards attainment of completion of the affordable units. 6. Prior to submittal of the Final Map 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: a. The common driveway access easements b. Maintenance of all walls, common landscape areas, and refuse management by the Homeowners' Association c. Management of the BMPs per the approved WQMP by the Homeowners' Association d. Management of the revised Parking Management Plan pursuant to CUP No. 17- 042 Condition No. 2 to ensure the ongoing control and availability of on-site parking. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) 7. Comply with all applicable Conditional Use Permit No. 17-042 conditions of approval. SUGGESTED CONDITIONS OF APPROVAL – CONDITIONAL USE PERMIT NO. 17- 042: 1. The site plan, floor plans, and elevations received and dated April 23, 2019 shall be the conceptually approved design with the following modifications: a. Depict the controlled access entry gate to the subterranean parking garage discussed in the Parking Management Plan. b. The proposed 10 ft. high perimeter block wall shall be revised to a maximum of 8 ft. high, including up to 2 ft. of retaining wall in accordance with Condition of Approval No. 6.a. 2. The Parking Management Plan dated April 22, 2019 shall be revised to include the following: a. Required parking shall be assigned to and reserved for each unit. Each unit shall be assigned two reserved parking spaces. b. The assigned residential parking spaces shall be provided with the rental of a dwelling unit without any additional cost. (HBZSO 231.18 (D)(2)) 3. Comply with all mitigation measures adopted for the project in conjunction with Environmental Impact Report No. 08-008 as specified in the Mitigation Monitoring Program for Ellis Ave. Condos. 4. 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. 136 Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property line wall. If coordination between property owners cannot be accomplished, the applicant shall construct up to an eight (8’) foot tall wall (including up to 2 ft. of retaining wall) located entirely within the subject property and with a two (2) inch maximum separation from the property line. The plans shall include some mechanism to close and secure any gaps. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Plans shall depict any removal of walls on private residential property and construction of new common walls and sidewalls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. 5. At least 14 days prior to any grading activity, the property owner/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 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. 6. Prior to issuance of a grading permit, the following shall be completed: a. The proposed drainage pattern and system shall be reevaluated to reduce potential grading impacts on the adjacent properties to the north, east, and west by incorporating localized collection points and result in a maximum two ft. grade differential and maximum two ft. high retaining wall. The retaining wall may be topped with a maximum six ft. high block wall. b. The existing 6-foot easement (along the subject site’s westerly property line) for Public Utility Purposes shall be quitclaimed to eliminate any encroachment by the proposed water quality basin or the proposed basin shall be relocated to eliminate any encroachments into said easement. (PW) c. The existing 20-foot easement over existing Parcels 1 and 2 (along the subject site’s westerly property line) for Ingress and Egress Purposes shall be quitclaimed to eliminate any encroachment by the proposed building. (PW) d. An interim parking and building materials storage plan shall be submitted to the Planning Division 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 property owner/developer shall obtain any necessary encroachment permits from the Department of Public Works. e. All design and construction shall be per the City Standard codes and street configuration and specifications of the Beach and Edinger Corridors Specific Plan. The frontage along Ellis Avenue shall comply with the “Neighborhood Streets” configuration. 137 f. A lighting plan depicting the boulevard-scale street lighting and pedestrian-scale street lighting along Ellis Ave. shall be submitted to the Community Development Department for review and approval by the Planning Division and Public Works Department. 7. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval 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 site plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department. c. Contact the United States Postal Service for approval of mailbox location(s). d. One set of project plans revised pursuant to Condition No. 1 and one 8 ½ inch by 11 inch set of all colored renderings, elevations, and materials sample and color palette, revised pursuant to Condition of Approvals and Code Requirements, shall be submitted for review, approval, and inclusion in the entitlement file, to the Planning Division. 8. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit plans revised pursuant to Condition No. 1 to Republic Services for review. Proof of Republic Services approval shall be submitted to the Community Development Department. b. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review, approval, and inclusion in the entitlement file to the Community Development Department. c. A Fire Master Plan shall be submitted and approved by the Fire Department. The Fire Master Plan shall include but is not limited to the following: i. Building locations, height and stories, addresses, and construction type; ii. Property dimensions or accurate scale; iii. Fire hydrant locations, public and private; iv. FDC locations; v. Fire sprinkler riser locations and location of system serving; vi. FACP locations; vii. Knox box and knox switch locations; viii. Gate locations, and opticoms if required; 138 ix. Fire lane locations, dimensions, lengths, turning radii at corners and circles/cul-dee-sacs; x. Fire lane signage and striping. xi. The conceptual Alternative Materials and Methods Strategy shall be finalized to demonstrate compliance with exterior hose pull distance requirements. (FD) 9. Prior to occupancy of the first dwelling unit, the following shall be completed: a. The proposed driveway approach on Ellis Avenue shall be constructed per Public Works Standard Plan No. 211. The driveway design shall include treatments for right-turn in/right-turn out only as specified by Public Works. This may include raised curb channelization, striping, and signage. (ZSO 230.84) b. The Developer shall provide a Landscape Maintenance License Agreement for the continuing maintenance and liability of all landscaping, irrigation, street lighting, furniture and hardscape that is located along the project frontage within the public right-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 the maintenance, repair, replacement, liability and fees imposed by the City. (PW) c. All existing overhead utilities that occur along the project’s Ellis Avenue frontage shall be under-grounded. This includes the Southern California Edison (SCE) aerial distribution lines (12kV) and poles along the entire length of the westerly frontage of the subject project. This condition also applies to all utilities, including but not limited to all telephone, electric, and Cable TV lines. If require, easements shall be quitclaimed and/or new easements granted to the corresponding utility companies. (PW) 10. The use shall comply with the following: a. All ground floor entry points to residences shall be monitored by secured FOB type entries. (PD) 11. The developer or developer’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 12. CUP No. 17-042 shall become null and void unless exercised within two years of the date of the final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 13. Incorporating sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program 139 certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (http://www.builditgreen.org/green-building- guidelines-rating). 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. 140 141 City of Huntington Beach File #:19-545 MEETING DATE:5/28/2019 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Ursula Luna-Reynosa, Community Development Director BY:Nicolle Aube, AICP, Associate Planner SUBJECT: TENTATIVE TRACT MAP NO. 18157/CONDITIONAL USE PERMIT NO. 17-042 (ELLIS AVE. CONDOS) REQUEST: To permit a one-lot subdivision and development of a four-story mixed-use building including 48 new condominium residences with 891 square feet of commercial space and three levels of subterranean parking and find the project exempt from CEQA. LOCATION: 8041 Ellis Avenue (North side of Ellis Ave., between Beach Blvd. and Patterson Ln.) APPLICANT: Jeff Herbst, MCG Architecture, 111 Pacifica, Suite 280, Irvine, CA 92618 PROPERTY OWNER: Tahir Salim, THDT Investment, Inc., 1307 W. 6th Street, Suite 202, Corona, CA 92882 BUSINESS OWNER: N/A STATEMENT OF ISSUE: 1. Is the project proposal consistent with the City of Huntington Beach’s adopted land use regulations (i.e. General Plan, Zoning Map and Zoning Code including the Beach and Edinger Corridors Specific Plan)? 2. Does the project satisfy all the findings required for approval of a Tentative Tract Map and City of Huntington Beach Printed on 5/29/2019Page 1 of 17 powered by Legistar™142 File #:19-545 MEETING DATE:5/28/2019 2. Does the project satisfy all the findings required for approval of a Tentative Tract Map and Conditional Use Permit? 3. Has the appropriate level of environmental analysis appropriately identified all environmental impacts with appropriate mitigation? RECOMMENDATION: That the Planning Commission take the following actions: A) Find the proposed project exempt from the California Environmental Quality Act pursuant to section 15182 of the CEQA Guidelines and Government Code 65457. B) Approve Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 with suggested findings and conditions of approval (Attachment No. 1). ALTERNATIVE ACTION(S): A) Continue Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 and direct staff to return with findings for denial. B) Continue Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-04 and direct staff accordingly. PROJECT PROPOSAL: The project site is approximately 0.95 acres and consists of three parcels with two existing buildings - a liquor store and a residence. The existing buildings will be demolished in order to construct the proposed four-story building with three levels of subterranean parking. The north side of the project site was formerly utilized as part of the Metro Car Wash located at 18400 Beach Boulevard. Metro Car Wash has ceased operations and the owner of 18400 Beach Boulevard is currently constructing a new car wash on the property. The proposed condominium project and new car wash do not have any overlapping elements and are entirely separate projects. According to the Applicant’s narrative (Attachment No. 3), the project owner intends for the units to be sold to individual buyers as condominiums so there will be no permanent on-site staff. Building maintenance, regular up-keep, and cleaning will be handled by the HOA management team via contracts with local services. The project owner proposes to provide five affordable units on-site in order to comply with the Affordable Housing requirement. In the event the project is operated as rental apartment units, five on-site units will be designated as rentals affordable to low income households. Background: 1.In 2010, the City adopted the Beach and Edinger Corridors Specific Plan (SP14). The goal of SP14 was to transform the current development of commercial strip centers lined with surface City of Huntington Beach Printed on 5/29/2019Page 2 of 17 powered by Legistar™143 File #:19-545 MEETING DATE:5/28/2019 SP14 was to transform the current development of commercial strip centers lined with surface parking lots and generally low-rise commercial buildings to a pattern of centers and segments characterized with clusters of shops and activity of varying intensity. These new active areas would include a mix of residential, offices, and commercial uses oriented to alternative modes of transportation including walking and bicycling. Along the Beach Boulevard corridor near Ellis Avenue, the development of a “Town-Center Neighborhood” segment would feature the City’s widest range of contemporary housing types and possibly a wide mixture of uses. 2. In 2015, the City Council amended SP14 to decrease the total number of residential units allowed from 4,500 to 2,100, increase setbacks, increase minimum parking standards, require upper story setbacks, require a commercial component in all residential buildings, and permit residential subject to approval of a CUP. Other amendments related to auto dealers and civic and cultural uses were also approved. Out of the 2,100 Maximum Amount of New Development (MAND) units currently permitted, approximately 1,900 have been constructed leaving a balance of 200 units. Study Session: The Planning Commission held a Study Session on May 14, 2019 and discussed the following issues: General Solar panels on adjacent properties The Planning Commission discussed the potential impact of the project on adjacent properties to the east that have rooftop solar panels. The applicant has provided a shadow analysis exhibit (Attachment No. 6). Per the exhibit, the adjacent buildings to the east may experience shade/shadow beginning at approximately 6:00 PM during the summer months, approximately 4:00 PM during the fall months, and approximately 3:30 PM during the winter months. Distance of the project site from the intersection The proposed project site is approximately 96 ft. from the intersection of Beach Blvd. and Ellis Ave. Pets At this time, the applicant has not provided information regarding pets at the property. Comparable projects The Planning Commission requested a list of comparable projects. Staff has prepared an exhibit of comparable completed projects within SP14 (Attachment No. 7). Revised site plan for clarity The Planning Commission requested a revised site plan exhibit which removes the utilities and other layers in order to depict the property lines, setbacks, etc. more clearly. The applicant has prepared a revised site plan to fulfill this request (Attachment No. 8). Environmental Artifacts on the project site Since the project site has been previously disturbed and developed, it is not likely that construction of the proposed project will result in discovery of cultural resources. Program Environmental Impact City of Huntington Beach Printed on 5/29/2019Page 3 of 17 powered by Legistar™144 File #:19-545 MEETING DATE:5/28/2019 the proposed project will result in discovery of cultural resources. Program Environmental Impact Report (EIR) No. 08-008 for BECSP included a Cultural and Paleontological Resources survey of the entire SP14 area. Two archeological sites were identified within the SP14 area and are labeled as CA-ORA-296 and CA-ORA-358. CA-ORA-296 is located on the west side of Newland Ave. between Slater Ave. and Talbert Ave. CA-ORA-358 is located on the corner of Indianapolis Ave. and Beach Blvd. Neither of these sites are within the immediate vicinity of the proposed project. Although there are no archeological sites near the project, the project will comply with BECSP MM 4.4 regarding Cultural and Paleontological Resources. For example, in the event that native soil is disturbed, an archeology professional will be retained to determine if a substantial adverse change would occur to an archeological resource. Acoustic study The Planning Commission asked why the Acoustic Study is not required to be submitted prior to project approval. The BECSP Mitigation Monitoring and Reporting Program includes Mitigation Measure 4.9-5 which requires an acoustic study to be submitted prior to issuance of building permits. The acoustic study will present an analysis of the potential noise impacts of the surrounding environment on exterior (ex: patios and balconies) and interior components of the proposed project. MM 4.9-5 includes a provision that requires final project design to incorporate special design measures in the construction of the proposed residential units, if necessary. Beach and Edinger Corridors Specific Plan (SP14) Zoning Pre-2010 Prior to the 2010 adoption of SP14, the property had a General Plan Land Use designation of CG - F2 - d (Commercial General - Flood Overlay - design overlay) and a Zoning designation of CG (General Commercial). Did SP14 envision narrow lot development or unconsolidated development? SP14 divides the Beach Blvd. and Edinger Ave. corridors into five general areas or segments. The overall vision for SP14 is to develop primarily residential and neighborhood retail uses in the southern portion of Beach Boulevard, transitioning to mixed uses in the middle segment of Beach Boulevard, then to a more dense “town center” adjacent to and at the intersection of Beach Boulevard and Edinger Avenue, and extending along Edinger Avenue. Geographically, the intention is to intensify land uses as one travels north along Beach Boulevard from the southern boundary of the SP area. The project site is within the Five Points district of SP14, which is envisioned to enable investment in a visible, mixed-use cluster at this central location. SP14 discusses infill development on underutilized properties responding to the broad framework of the Specific Plan which will contribute to an emerging pattern of coherent arrangements of buildings, streets, and blocks. Although it might be ideal for clusters of small properties to consolidate and propose a unified project, it is not always possible due to market conditions and the interests of individual property owners. This is contemplated in the SP14 Development Concept which states that the common purpose of development within the Specific Plan is the realization of a vision of the future that is sufficiently specific to meet the revitalization goals, yet loose enough to respond to opportunities and changes in the marketplace that will inevitably arise. City of Huntington Beach Printed on 5/29/2019Page 4 of 17 powered by Legistar™145 File #:19-545 MEETING DATE:5/28/2019 Traffic Impacts, Traffic Improvements, and Grading Required Dedications The Public Works Department has indicated that the only dedication the project requires is a four foot dedication along Ellis Ave. Traffic Mitigation The Public Works Department has indicated that payment of fair share traffic fees and implementation of a right in, right out only driveway along with on-street striping and driveway improvements to supplement the right in/out only movements are the required traffic mitigations. The project does not result in other traffic related impacts requiring mitigation. Also, the Planning Commission requested information regarding Level of Service (LOS) in the project vicinity. LOS is a method of describing the delays experienced by drivers at a particular intersection or roadway. If a project is determined to create a significant traffic delay, it may impact and downgrade the LOS rating. The Traffic Impact Analysis finds that the proposed project driveway is forecast to operate at acceptable LOS B during the AM and PM peak hours for Year 2020 traffic conditions. LOS B is defined as 0.61 - 0.70 seconds of delay and is described as a very good traffic condition with short delays. It must be noted that although the level of service calculation indicates LOS B operations at the project driveway, residents of the project may experience delays entering/exiting the project site due to vehicle queueing on Ellis Ave. The Public Works Department has prepared a summary of volume to capacity ratio at AM/PM Peak Hours in the project vicinity (Attachment No. 11). Will payment of fees at “full buildout” of SP14 cover all needs for traffic? The Public Works Department has indicated that collection of the fair share payment is sufficient to mitigate all the identified intersection improvements of the Specific Plan. Description of all traffic requirements for the project The Public Works Department has indicated that the following items are required related to traffic and street improvements: BECSP EIR Transportation/Traffic Mitigation Measures (by payment of fair share traffic impact fees), BECSP Streetscape Improvement Development Standards (four ft. dedication), CP Circulation Element and PW standards (with implementation of right in/out driveway, on-street striping, and driveway improvements). North side grading The preliminary grading plan (Attachment No. 12) depicts the subject site with a grade of approximately 6.6 ft. for drainage purposes with a 6.6 ft. high retaining wall. The six ft. grade is proposed as the highest point with a gradual reduction in grade to approximately three to four ft. near the subterranean garage entrance. Staff recommends a condition of approval (Attachment No. 1) to require the proposed drainage pattern and system to be revised prior to issuance of a grading permit to reduce retaining wall and grade differential impacts to adjacent properties to the north, east, and west. Staff recommends a maximum two ft. retaining wall may be constructed and topped with a maximum six ft. high block wall. What (if any) grading or construction activities can occur outside of 10 AM - 4 PM? What time can City of Huntington Beach Printed on 5/29/2019Page 5 of 17 powered by Legistar™146 File #:19-545 MEETING DATE:5/28/2019 they start grading? Public Works Code Requirements for the project limit the hours of hauling trucks at the site from 8:00 A.M. - 5:00 P.M., Monday - Friday only. The BECSP Mitigation Measures limit high noise-producing activities to the hours of 8:00 A.M. - 5:00 P.M. Fire Access Ladder pads Per the Huntington Beach Fire Department, all bedroom windows are required to be accessible from ground ladders. The applicant has provided HBFD with plans that show the ladder pads for ground ladder access to egress windows. Elan Statistics on increased accidents due to Elan The Public Works Department has provided information regarding accident rates at three intersections in the project vicinity three years prior to occupancy of the Elan building and three years after the occupancy of the Elan building (Attachment No. 9). The analysis concludes that accidents after the occupancy of Elan have decreased compared to the rate of accidents prior to the occupancy of Elan. Comparison of the proposed project to Elan On May 15, 2012 the Planning Commission approved Site Plan Review No. 12-001 (Elan) to develop a mixed use project consisting of 274 residential units including six live-work units, 8,500 square feet of commercial space, an internal 430 space parking garage and 54,546 sf of private and public open space on a 2.74 acre site. The Planning Commission requested a comparison chart of the proposed project to Elan. It must be noted that Elan was approved prior to the 2015 BECSP Amendments which included the following revisions to topics relevant to Elan and the proposed project: ·Reduce the residential Maximum Amount of Net New Development (MAND) from 4,500 units to 2,100 units ·Require a Conditional Use Permit (CUP) for all residential and mixed use (residential/commercial) projects ·Increase the residential parking requirements ·Increase front yard setbacks on all public streets ·Limit maximum building height to four stories ·Create an upper-story setback above the third floor ·Require all residential projects to include retail/commercial uses at the street level Provision Elan Proposed Project Number of Units 274 48 Density 100 units per acre 50 units per acre Height Ellis Ave.: ranges from 4-6 stories 4th story: 43 ft. high 6th story: 63 ft. 6 in. high 4 stories 46 ft. to the highest point Setbacks Ellis Ave.: 0 ft. 2 in.Ellis Ave.: 30 ft. Upper story setback: 11 ft. 1 in. setback along front and sides of building for a depth of 101 ft. 10 in. on the 4th floor Parking 1-2 spaces per unit 2.5 spaces per unit City of Huntington Beach Printed on 5/29/2019Page 6 of 17 powered by Legistar™147 File #:19-545 MEETING DATE:5/28/2019 Provision Elan Proposed ProjectNumber of Units 274 48 Density 100 units per acre 50 units per acre Height Ellis Ave.: ranges from 4-6 stories 4th story: 43 ft. high 6th story: 63 ft. 6 in. high 4 stories 46 ft. to the highest point Setbacks Ellis Ave.: 0 ft. 2 in.Ellis Ave.: 30 ft. Upper story setback: 11 ft. 1 in. setback along front and sides of building for a depth of 101 ft. 10 in. on the 4th floor Parking 1-2 spaces per unit 2.5 spaces per unit The Planning Commission also asked for information regarding trip generation rates for the proposed project compared to Elan. The Public Works Department has prepared a trip generation analysis comparison for both projects (Attachment No. 10). ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property:M-sp (Mixed-Use - Specific Plan Overlay) SP14 (Beach Edinger Corridor Specific Plan) Convenience store and one residence North of Subject Property: M-sp (Mixed-Use - Specific Plan Overlay) SP14 (Beach Edinger Corridor Specific Plan) Hotel and commercial shopping center East of Subject Property: RM (Residential Medium Density) RM (Residential Medium Density) Multi-family housing South of Subject Property: M-sp (Mixed-Use - Specific Plan Overlay) SP14 (Beach Edinger Corridor Specific Plan) Mixed-use retail and multi-family housing (Elan) West of Subject Property: M-sp (Mixed-Use - Specific Plan Overlay) SP14 (Beach Edinger Corridor Specific Plan) Drive-through restaurant and car wash (under construction) General Plan Conformance: The General Plan Land Use Map designation on the subject property is Mixed Use - Specific Plan Overlay. The proposed project is consistent with this designation 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. Policy 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. Policy LU-1B:Ensure new development supports the protection and maintenance of environmental and open spaces resources. Policy LU-1C:Support infill development, consolidation of parcels, and adaptive reuse of City of Huntington Beach Printed on 5/29/2019Page 7 of 17 powered by Legistar™148 File #:19-545 MEETING DATE:5/28/2019 Policy LU-1C:Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D:Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D:Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-3A:Ensure that future development and reuse projects are consistent with the Land Use Map to provide connections between existing neighborhoods and city attractions. Goal LU-4:A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4A:Encourage a mix of residential types to accommodate people with diverse housing needs. Policy LU-4B: Improve options for people to live near work and public transit. Goal LU-13:The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13A:Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The proposed mixed-use development is consistent with the Beach and Edinger Corridors Specific Plan which encourages buildings to orient towards streets, wider walkways, and large open space areas to enhance the pedestrian and public experience. Approximately 2,703 sq. ft. of public open space will be provided in a plaza accessible from Ellis Avenue. This area will be designed with enhanced landscaping, seating areas, and visually appealing amenities. The architecture of the building is contemporary, incorporating notches, major façade offsets, and façade composition changes to break up the massing of the building at street frontages. Brick veneer is applied along the base of the building with canopies at entrances to cater to the pedestrian scale. The façade skyline is then capped with parapets and articulating rooflines. Additionally, this mixed-use development will provide an on-site commercial component and is proposed within close proximity of new and existing commercial uses thus reducing the need for automobile use. By permitting a mix of land uses closer together, greater interaction will occur between developments and further the vision and viability of the BECSP. B.Housing Element Policy 2.1 Variety of Housing Choices:Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Policy 2.2 Residential Mixed Use:Facilitate the efficient use of land by allowing and encouraging commercial and residential uses on the same property in both horizontal andCity of Huntington Beach Printed on 5/29/2019Page 8 of 17 powered by Legistar™149 File #:19-545 MEETING DATE:5/28/2019 encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations. Policy 2.3 Beach and Edinger Corridors Specific Plan:Encourage and facilitate the provision of housing affordable to lower income households within the Beach and Edinger Corridors Specific Plan. Policy 6.4 Transportation Alternatives and Walkability:Incorporate transit and other transportation alternatives including walking and bicycling into the design of new development, particularly in areas within a half mile of designated transit stops. The project includes six one-bedroom units and forty-two two-bedroom units that would accommodate and is designed to appeal to different age groups and household types. The units range from 645 - 880 sf. The proposed project will help to fulfill the City’s share of the regional housing need by providing smaller dwelling units which will be more financially attainable by virtue of size. A minimum of ten percent of the units are required to be designated for affordable housing. The project applicant proposes to provide five on-site affordable housing units in order to comply with the affordable housing requirement. Residents will benefit from the proximity of the project to different activities and uses. The project provides opportunities and convenience for many households to use alternate travel modes such as walking, bicycling, and public transit to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. C.Circulation Element Goal CIRC-3a:Convenient and efficient connections between regional transit and areas of employment, shopping, recreation, and housing will increase ridership and active mobility, with a focus on first/last mile solutions. Goal CIRC-6:Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to-day required activities in a safe and efficient manner for all ages and abilities. Policy CIRC-6(C):Require new commercial and residential projects to integrate with pedestrian and bicycle networks, and that necessary land area is provided for the infrastructure. Although the site is relatively narrow, the proposed streetscape will create continuity with new and existing development along the Beach Boulevard corridor by providing a sidewalk with new landscaping to buffer pedestrians from the vehicular thoroughfare. Pedestrian connectivity is improved with landscaping and architectural elements through the proposed public open space and wider sidewalks. The project is serviced by an existing bus stop at the intersection of Beach Blvd. and Ellis Ave. and also provides bicycle parking in the underground parking structure to accommodate alternative methods of transportation. Zoning Compliance: The proposed project is located within Specific Plan No. 14 Beach and Edinger Corridors Specific Plan and complies with the requirements of the Town Center Neighborhood Segment. The purpose of the BECSP is to enhance the overall economic performance, physical beauty and functionality ofCity of Huntington Beach Printed on 5/29/2019Page 9 of 17 powered by Legistar™150 File #:19-545 MEETING DATE:5/28/2019 of the BECSP is to enhance the overall economic performance, physical beauty and functionality of the Beach Boulevard and Edinger Avenue Corridors. Future development would transform existing commercial strips, which are predominantly lined with large expanses of pavement or underperforming uses, to a pattern of centers and segments generating increased activity and greater interaction between developments. As previously mentioned, the project site is located in the Town Center Neighborhood segment of the Five Points District within the BECSP. The Five Points District is designated as a potential City center characterized by convenience and urban vitality. Development within the Town Center Neighborhood segment is encouraged to be revitalized through infill development on underutilized properties. This segment is envisioned to have greater development intensity than surrounding segments, including new apartments or condominiums with shopfronts and parking areas screened from view. Development is to be more compact in this segment in order to provide the activity expected in a vibrant urban district. The table below shows an overview of the project’s conformance to the significant development standards of the BECSP. In addition, a list of City Code Requirements of the applicable provisions of the BECSP and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Municipal Code has been provided to the applicant and attached to this report (Attachment No. 19) for informational purposes only. Provision Town Center Neighborhood Proposed Project 2.2 Use Regulations Multi-family residential Commercial 42 - 2 bedroom units 6 - 1 one bedroom units 891 sf commercial retail 2.2.2 Special Retail Configuration n/a n/a 2.2.3 Affordable Housing Required - 10% of the proposed 48 units 4.8 units required 5 affordable units to be constructed on-site 2.3.1 & 2.3.2 Height Min. 2 story/ Max. 4 stories Ground floor retail - 14 ft. min. floor to ceiling Adjacent to housing 4 stories 14 ft. retail ceiling 45° slope complies 2.3.3 Building Length Max. 300 ft.54 ft. max 2.3.4 Special Building Length Limited mid-block building - max. 80 ft. 54 ft. 2.3.5 Building Massing All other streets - 1L:3H to 3L:1H Complies with massing range 2.4.1 Building Orientation Orientation to street required Building oriented to Ellis Ave. 2.4.2 Private Frontage Various types including shopfront, corner entry, common lobby, etc. Ellis Ave. elevation: Shopfront - 24 ft. long Internal elevation: Common Lobby Entry 2.4.3 Front Setback All other streets - min. 30 ft. Upper story setback - 10 ft. along front and sides of a building for a depth of minimum 100 ft. for structures above the 3rd floor 30 ft. 4th floor: 11 ft. 1 in. setback for a depth of 101 ft. 10 in. 2.4.4 Side Setback Min. w/living space windows - 10 ft. West side: 10 ft. East side: 33 ft. 7 in. 2.4.5 Rear Yard Setback Min. 10 ft.15 ft. 7 in. 2.4.6 Alley Setback n/a n/a 2.4.7 Frontage Coverage n/a n/a 2.4.8 Space Between Buildings n/a n/a 2.4.9 Build-to-Corner n/a n/a 2.5.1 Improvements to Existing Streets Neighborhood Streets required - 12 ft. total including 6 ft. wide planter and 6 ft. wide sidewalk 12 ft. total 6 ft. wide planter 6 ft. wide sidewalk 2.5.2 Provision of New Streets n/a n/a 2.5.3 Block Size n/a n/a 2.5.4 Street Connectivity n/a n/a 2.5.5 Required East-West Street Connection n/a n/a 2.5.6 Residential Transition-Boundary Street n/a n/a 2.5.7 Street Types n/a n/a 2.6.1 Provision of Public Open Space Residential - min.50 sf. per unit = 2,400 sf. Retail - min. 50 sf. per 1,000 sf. = 44.5 sf. 2,444.5 sf. required 2,703 sf. 2.6.2 Special Public Open Space n/a n/a 2.6.3 Provision of Private Open Space Residential - 60 sf. per unit x 48 total units = 2,880 sf. 4 (1 br) = 244 sf. 32 (2 br) = 2,976 sf. Roof deck = 3,281 sf. Total: 6,501 sf. (First floor units excluded from private open space calculation due to noncompliant porch type) 2.6.4 Public Open Space Types Provide either: Park, Linear Green, Square, Plaza, Mid- Block Green, Courtyard Plaza, Passage/Paseo, or Pocket Park/Playground Plaza 2.6.5 Private Open Space Types Provide either: Courtyard, Private Yard, Rooftop Deck or Garden, or Balcony 1st floor units - noncompliant porch (excluded from private open space calculations) 2 nd - 4th floor units - balconies 4th floor - rooftop deck 2.6.6 Stormwater Management Best Management Practices required Provided - WQMP required to ensure compliance 2.6.7 Stormwater BMP Types Source Control BMPs, Site Design BMPs, Treatment Control BMPs Provided - WQMP required to ensure compliance 2.6.8 Open Space Landscaping Required Public plaza furniture Decorative stamped concrete paving treatment 2.6.9 Setback Area Landscaping Types Perimeter Block Setback Area -Sidewalk extension required with Shopfront: paving material consistent with the public right-of-way Interior Block Setback Area - Groundcover required: cover side and rear yard areas with landscaping or other pervious surfaces Sidewalk extension provided : decorative stamped concrete paving to provide continuity w/sidewalk Side and rear yards landscaped with shrubs, trees, and groundcover 2.7.1 Provision of Parking Residential: 1 bedroom @ 2 min/unit (6 units x 2 = 12 required) 2 bedroom @ 2 min/unit (42 units x 2 = 84 required) Guest = 0.5 min/1 units (48 units x 0.5 = 24 required) Retail: 5/1000 sf. (891 sf. proposed) x (5/1000) = 4 spaces required Residential: 1 bedroom = 12 spaces provided 2 bedroom = 84 spaces provided Guest = 24 spaces provided Retail = 5 spaces provided Total: 125 spaces required 128 spaces provided 2.7.2 Parking Types Permitted as: Surface Lot: rear Structure: wrapped ground level, wrapped all levels, partially submerged podium, underground structure Three level Underground Structure proposed 2.8.1 Façade Regulations Top and Base - required Top: metal trim cornices and varied roofline Base: brick veneer at retail and residential frontages City of Huntington Beach Printed on 5/29/2019Page 10 of 17 powered by Legistar™151 File #:19-545 MEETING DATE:5/28/2019 Provision Town CenterNeighborhood Proposed Project2.2 Use Regulations Multi-family residentialCommercial 42 - 2 bedroom units 6 - 1one bedroom units 891 sfcommercial retail2.2.2 Special RetailConfiguration n/a n/a2.2.3 Affordable Housing Required - 10% of theproposed 48 units 4.8 unitsrequired 5 affordable units to beconstructed on-site2.3.1 & 2.3.2 Height Min. 2 story/ Max. 4 storiesGround floor retail - 14 ft.min. floor to ceilingAdjacent to housing 4 stories 14 ft. retail ceiling45° slope complies2.3.3 Building Length Max. 300 ft.54 ft. max2.3.4 Special BuildingLength Limited mid-block building -max. 80 ft.54 ft.2.3.5 Building Massing All other streets - 1L:3H to 3L:1H Complies with massing range 2.4.1 Building Orientation Orientation to street required Building oriented to Ellis Ave. 2.4.2 Private Frontage Various types including shopfront, corner entry, common lobby, etc. Ellis Ave. elevation: Shopfront - 24 ft. long Internal elevation: Common Lobby Entry 2.4.3 Front Setback All other streets - min. 30 ft. Upper story setback - 10 ft. along front and sides of a building for a depth of minimum 100 ft. for structures above the 3rd floor 30 ft. 4th floor: 11 ft. 1 in. setback for a depth of 101 ft. 10 in. 2.4.4 Side Setback Min. w/living space windows - 10 ft. West side: 10 ft. East side: 33 ft. 7 in. 2.4.5 Rear Yard Setback Min. 10 ft.15 ft. 7 in. 2.4.6 Alley Setback n/a n/a 2.4.7 Frontage Coverage n/a n/a 2.4.8 Space Between Buildings n/a n/a 2.4.9 Build-to-Corner n/a n/a 2.5.1 Improvements to Existing Streets Neighborhood Streets required - 12 ft. total including 6 ft. wide planter and 6 ft. wide sidewalk 12 ft. total 6 ft. wide planter 6 ft. wide sidewalk 2.5.2 Provision of New Streets n/a n/a 2.5.3 Block Size n/a n/a 2.5.4 Street Connectivity n/a n/a 2.5.5 Required East-West Street Connection n/a n/a 2.5.6 Residential Transition-Boundary Street n/a n/a 2.5.7 Street Types n/a n/a 2.6.1 Provision of Public Open Space Residential - min.50 sf. per unit = 2,400 sf. Retail - min. 50 sf. per 1,000 sf. = 44.5 sf. 2,444.5 sf. required 2,703 sf. 2.6.2 Special Public Open Space n/a n/a 2.6.3 Provision of Private Open Space Residential - 60 sf. per unit x 48 total units = 2,880 sf. 4 (1 br) = 244 sf. 32 (2 br) = 2,976 sf. Roof deck = 3,281 sf. Total: 6,501 sf. (First floor units excluded from private open space calculation due to noncompliant porch type) 2.6.4 Public Open Space Types Provide either: Park, Linear Green, Square, Plaza, Mid- Block Green, Courtyard Plaza, Passage/Paseo, or Pocket Park/Playground Plaza 2.6.5 Private Open Space Types Provide either: Courtyard, Private Yard, Rooftop Deck or Garden, or Balcony 1st floor units - noncompliant porch (excluded from private open space calculations) 2 nd - 4th floor units - balconies 4th floor - rooftop deck 2.6.6 Stormwater Management Best Management Practices required Provided - WQMP required to ensure compliance 2.6.7 Stormwater BMP Types Source Control BMPs, Site Design BMPs, Treatment Control BMPs Provided - WQMP required to ensure compliance 2.6.8 Open Space Landscaping Required Public plaza furniture Decorative stamped concrete paving treatment 2.6.9 Setback Area Landscaping Types Perimeter Block Setback Area -Sidewalk extension required with Shopfront: paving material consistent with the public right-of-way Interior Block Setback Area - Groundcover required: cover side and rear yard areas with landscaping or other pervious surfaces Sidewalk extension provided : decorative stamped concrete paving to provide continuity w/sidewalk Side and rear yards landscaped with shrubs, trees, and groundcover 2.7.1 Provision of Parking Residential: 1 bedroom @ 2 min/unit (6 units x 2 = 12 required) 2 bedroom @ 2 min/unit (42 units x 2 = 84 required) Guest = 0.5 min/1 units (48 units x 0.5 = 24 required) Retail: 5/1000 sf. (891 sf. proposed) x (5/1000) = 4 spaces required Residential: 1 bedroom = 12 spaces provided 2 bedroom = 84 spaces provided Guest = 24 spaces provided Retail = 5 spaces provided Total: 125 spaces required 128 spaces provided 2.7.2 Parking Types Permitted as: Surface Lot: rear Structure: wrapped ground level, wrapped all levels, partially submerged podium, underground structure Three level Underground Structure proposed 2.8.1 Façade Regulations Top and Base - required Top: metal trim cornices and varied roofline Base: brick veneer at retail and residential frontages City of Huntington Beach Printed on 5/29/2019Page 11 of 17 powered by Legistar™152 File #:19-545 MEETING DATE:5/28/2019 Provision Town CenterNeighborhood Proposed Project2.2 Use Regulations Multi-family residentialCommercial 42 - 2 bedroom units 6 - 1one bedroom units 891 sfcommercial retail2.2.2 Special RetailConfiguration n/a n/a2.2.3 Affordable Housing Required - 10% of theproposed 48 units 4.8 unitsrequired 5 affordable units to beconstructed on-site2.3.1 & 2.3.2 Height Min. 2 story/ Max. 4 storiesGround floor retail - 14 ft.min. floor to ceilingAdjacent to housing 4 stories 14 ft. retail ceiling45° slope complies2.3.3 Building Length Max. 300 ft.54 ft. max2.3.4 Special BuildingLength Limited mid-block building -max. 80 ft.54 ft.2.3.5 Building Massing All other streets - 1L:3H to3L:1H Complies with massingrange2.4.1 Building Orientation Orientation to street required Building oriented to EllisAve.2.4.2 Private Frontage Various types includingshopfront, corner entry,common lobby, etc.Ellis Ave. elevation:Shopfront - 24 ft. longInternal elevation: CommonLobby Entry2.4.3 Front Setback All other streets - min. 30 ft.Upper story setback - 10 ft.along front and sides of abuilding for a depth ofminimum 100 ft. forstructures above the 3rd floor 30 ft. 4th floor: 11 ft. 1 in.setback for a depth of 101 ft.10 in.2.4.4 Side Setback Min. w/living space windows- 10 ft.West side: 10 ft. East side:33 ft. 7 in.2.4.5 Rear Yard Setback Min. 10 ft.15 ft. 7 in.2.4.6 Alley Setback n/a n/a2.4.7 Frontage Coverage n/a n/a2.4.8 Space BetweenBuildings n/a n/a2.4.9 Build-to-Corner n/a n/a2.5.1 Improvements toExisting Streets Neighborhood Streetsrequired - 12 ft. totalincluding 6 ft. wide planterand 6 ft. wide sidewalk 12 ft. total 6 ft. wide planter6 ft. wide sidewalk2.5.2 Provision of NewStreets n/a n/a2.5.3 Block Size n/a n/a2.5.4 Street Connectivity n/a n/a2.5.5 Required East-WestStreet Connection n/a n/a2.5.6 ResidentialTransition-BoundaryStreet n/a n/a2.5.7 Street Types n/a n/a2.6.1 Provision of PublicOpen Space Residential - min.50 sf. perunit = 2,400 sf. Retail - min. 50 sf. per 1,000 sf. = 44.5 sf. 2,444.5 sf. required 2,703 sf. 2.6.2 Special Public Open Space n/a n/a 2.6.3 Provision of Private Open Space Residential - 60 sf. per unit x 48 total units = 2,880 sf. 4 (1 br) = 244 sf. 32 (2 br) = 2,976 sf. Roof deck = 3,281 sf. Total: 6,501 sf. (First floor units excluded from private open space calculation due to noncompliant porch type) 2.6.4 Public Open Space Types Provide either: Park, Linear Green, Square, Plaza, Mid- Block Green, Courtyard Plaza, Passage/Paseo, or Pocket Park/Playground Plaza 2.6.5 Private Open Space Types Provide either: Courtyard, Private Yard, Rooftop Deck or Garden, or Balcony 1st floor units - noncompliant porch (excluded from private open space calculations) 2 nd - 4th floor units - balconies 4th floor - rooftop deck 2.6.6 Stormwater Management Best Management Practices required Provided - WQMP required to ensure compliance 2.6.7 Stormwater BMP Types Source Control BMPs, Site Design BMPs, Treatment Control BMPs Provided - WQMP required to ensure compliance 2.6.8 Open Space Landscaping Required Public plaza furniture Decorative stamped concrete paving treatment 2.6.9 Setback Area Landscaping Types Perimeter Block Setback Area -Sidewalk extension required with Shopfront: paving material consistent with the public right-of-way Interior Block Setback Area - Groundcover required: cover side and rear yard areas with landscaping or other pervious surfaces Sidewalk extension provided : decorative stamped concrete paving to provide continuity w/sidewalk Side and rear yards landscaped with shrubs, trees, and groundcover 2.7.1 Provision of Parking Residential: 1 bedroom @ 2 min/unit (6 units x 2 = 12 required) 2 bedroom @ 2 min/unit (42 units x 2 = 84 required) Guest = 0.5 min/1 units (48 units x 0.5 = 24 required) Retail: 5/1000 sf. (891 sf. proposed) x (5/1000) = 4 spaces required Residential: 1 bedroom = 12 spaces provided 2 bedroom = 84 spaces provided Guest = 24 spaces provided Retail = 5 spaces provided Total: 125 spaces required 128 spaces provided 2.7.2 Parking Types Permitted as: Surface Lot: rear Structure: wrapped ground level, wrapped all levels, partially submerged podium, underground structure Three level Underground Structure proposed 2.8.1 Façade Regulations Top and Base - required Top: metal trim cornices and varied roofline Base: brick veneer at retail and residential frontages City of Huntington Beach Printed on 5/29/2019Page 12 of 17 powered by Legistar™153 File #:19-545 MEETING DATE:5/28/2019 Provision Town CenterNeighborhood Proposed Project2.2 Use Regulations Multi-family residentialCommercial 42 - 2 bedroom units 6 - 1one bedroom units 891 sfcommercial retail2.2.2 Special RetailConfiguration n/a n/a2.2.3 Affordable Housing Required - 10% of theproposed 48 units 4.8 unitsrequired 5 affordable units to beconstructed on-site2.3.1 & 2.3.2 Height Min. 2 story/ Max. 4 storiesGround floor retail - 14 ft.min. floor to ceilingAdjacent to housing 4 stories 14 ft. retail ceiling45° slope complies2.3.3 Building Length Max. 300 ft.54 ft. max2.3.4 Special BuildingLength Limited mid-block building -max. 80 ft.54 ft.2.3.5 Building Massing All other streets - 1L:3H to3L:1H Complies with massingrange2.4.1 Building Orientation Orientation to street required Building oriented to EllisAve.2.4.2 Private Frontage Various types includingshopfront, corner entry,common lobby, etc.Ellis Ave. elevation:Shopfront - 24 ft. longInternal elevation: CommonLobby Entry2.4.3 Front Setback All other streets - min. 30 ft.Upper story setback - 10 ft.along front and sides of abuilding for a depth ofminimum 100 ft. forstructures above the 3rd floor 30 ft. 4th floor: 11 ft. 1 in.setback for a depth of 101 ft.10 in.2.4.4 Side Setback Min. w/living space windows- 10 ft.West side: 10 ft. East side:33 ft. 7 in.2.4.5 Rear Yard Setback Min. 10 ft.15 ft. 7 in.2.4.6 Alley Setback n/a n/a2.4.7 Frontage Coverage n/a n/a2.4.8 Space BetweenBuildings n/a n/a2.4.9 Build-to-Corner n/a n/a2.5.1 Improvements toExisting Streets Neighborhood Streetsrequired - 12 ft. totalincluding 6 ft. wide planterand 6 ft. wide sidewalk 12 ft. total 6 ft. wide planter6 ft. wide sidewalk2.5.2 Provision of NewStreets n/a n/a2.5.3 Block Size n/a n/a2.5.4 Street Connectivity n/a n/a2.5.5 Required East-WestStreet Connection n/a n/a2.5.6 ResidentialTransition-BoundaryStreet n/a n/a2.5.7 Street Types n/a n/a2.6.1 Provision of PublicOpen Space Residential - min.50 sf. perunit = 2,400 sf. Retail - min.50 sf. per 1,000 sf. = 44.5 sf.2,444.5 sf. required 2,703 sf.2.6.2 Special Public OpenSpace n/a n/a2.6.3 Provision of PrivateOpen Space Residential - 60 sf. per unitx 48 total units = 2,880 sf.4 (1 br) = 244 sf. 32 (2 br) =2,976 sf. Roof deck = 3,281sf. Total: 6,501 sf. (First floorunits excluded from privateopen space calculation dueto noncompliant porch type)2.6.4 Public Open SpaceTypes Provide either: Park, LinearGreen, Square, Plaza, Mid-Block Green, CourtyardPlaza, Passage/Paseo, orPocket Park/Playground Plaza2.6.5 Private Open SpaceTypes Provide either: Courtyard,Private Yard, Rooftop Deckor Garden, or Balcony 1st floor units - noncompliantporch (excluded from privateopen space calculations) 2nd - 4th floor units - balconies4th floor - rooftop deck2.6.6 StormwaterManagement Best Management Practicesrequired Provided - WQMP requiredto ensure compliance2.6.7 Stormwater BMPTypes Source Control BMPs, SiteDesign BMPs, TreatmentControl BMPs Provided - WQMP requiredto ensure compliance2.6.8 Open SpaceLandscaping Required Public plaza furnitureDecorative stampedconcrete paving treatment2.6.9 Setback AreaLandscaping Types Perimeter Block SetbackArea -Sidewalk extensionrequired with Shopfront:paving material consistentwith the public right-of-wayInterior Block Setback Area -Groundcover required: coverside and rear yard areaswith landscaping or otherpervious surfaces Sidewalk extensionprovided : decorativestamped concrete paving toprovide continuityw/sidewalk Side and rearyards landscaped withshrubs, trees, andgroundcover2.7.1 Provision of Parking Residential: 1 bedroom @ 2min/unit (6 units x 2 = 12required) 2 bedroom @ 2min/unit (42 units x 2 = 84required) Guest = 0.5 min/1units (48 units x 0.5 = 24 required) Retail: 5/1000 sf. (891 sf. proposed) x (5/1000) = 4 spaces required Residential: 1 bedroom = 12spaces provided 2 bedroom= 84 spaces provided Guest= 24 spaces provided Retail= 5 spaces provided Total:125 spaces required 128 spaces provided 2.7.2 Parking Types Permitted as: Surface Lot: rear Structure: wrapped ground level, wrapped all levels, partially submerged podium, underground structure Three level Underground Structure proposed 2.8.1 Façade Regulations Top and Base - required Top: metal trim cornices and varied roofline Base: brick veneer at retail and residential frontages BECSP Conformance The proposed project is consistent with the intent of the Town Center Neighborhood segment of the BECSP as stated above and overall objective of the BECSP to improve the vitality of the Beach Boulevard corridor by providing 48 residential units to support the commercial opportunities existing and anticipated in the vicinity. The project also includes 891 sf. of commercial space to serve residents of the project and nearby neighborhoods. The project site is also within close proximity to other key developments including Five Points Plaza and Elan, which provide the commercial and public services that the proposed development will support. The urban environment will further form when there is sufficient supporting residential uses to accommodate the growing commercial uses. Alternate modes of travel such as walking and bicycling become more appealing when enhanced larger walkways are provided and integrated between developments. Proposed site improvements will provide wider pedestrian sidewalks throughout the project and an open public plaza. As discussed under the Zoning Conformance section of this report, the project complies with the BECSP development code and does not include any requests to deviate from the development standards. Adequate emergency access is provided in and around the site with the driveway from Ellis Ave., also functioning as the fire lane. Sufficient parking (exceeds code requirements) for the residential and commercial portion of the project is incorporated in a subterranean parking structure which supports the BECSP vision for quality urban spaces. The project is within the allowable MAND in the BECSP. As of the 2015 BECSP amendment, the Beach Boulevard corridor has 525 dwelling units approved of which 325 dwelling units have been constructed. There is a remaining capacity of 200 units in the Beach Boulevard corridor. The Beach Boulevard corridor also has a MAND of 532,000 sf. for retail development. The proposed project includes 891 sf. of retail space and 48 dwelling units, which do not exceed the Beach Boulevard corridor MAND. Building Massing and Scale The BECSP relies on massing and scale to dictate the desired building form and interaction with the public experience. As the building expands horizontally, the height of the building is vertically proportioned for orientation to the pedestrian environment. The flat plane of the façade is then separated into volumes accented with insets, offsets, notches, material and colors changes. For the City of Huntington Beach Printed on 5/29/2019Page 13 of 17 powered by Legistar™154 File #:19-545 MEETING DATE:5/28/2019 separated into volumes accented with insets, offsets, notches, material and colors changes. For the proposed design, the building facades incorporate a variety of attractive elements. The dominant treatment along the exterior base involves brick veneer as well as the placement of metal trellises and canopies on the ground floor building entrances. The top element of the facades applies cornices and varied rooflines. Inset balconies and intermittent setbacks combine with rich landscaping to beautify the street frontages creating an inviting pedestrian and public space. The maximum allowable height for the subject site is four stories. The proposed building is four stories high and 46 ft. tall at the highest point of the building cornice. As seen along the Ellis Ave. frontage, the height is articulated from the pedestrian scale featuring a 20 ft. high retail portion of the building and a notch at the residential entrance. The facades facing Beach Blvd. (west) and Patterson Ln. (east) are further articulated with the addition of metal trellises and open railings on third and fourth floor balconies. The pedestrian bridge provides architectural relief and reduces visual massing via transmission of light and air through the building frontage. Land Use Compatibility The proposed four-story mixed-use development is compatible with existing and anticipated land uses in the immediate vicinity. This includes the mixed-use Elan building which ranges in height from 4-6 stories on Ellis Ave. and is also composed of a mixture of commercial and residential land uses. The project will be served by the existing commercial uses to the north, west, and south (Elan) of the project site. Existing multi-family residential uses are located east of the site and existing single family residential uses are located further east, beyond Patterson Ln. The project will not significantly impact existing residential uses because the proposed building is located approximately 260 feet away from the nearest single family residential building. Existing multi-family residences are buffered from the proposed commercial use through perimeter setback areas of landscaping, sidewalks, and a driveway. Interior noise would be minimized through noise attenuation features. Development of the site would enhance the visual image of the Beach Boulevard corridor and expand the vision of the specific plan. Site Layout & Circulation Access Vehicular access to the project site is proposed via one primary entry point on Ellis Avenue. There are no improvements necessary to the existing street or medians to accommodate vehicular access to the project site. The driveway on Ellis Ave. is designed with two-way travel lanes which provide entrance into the subterranean parking structure. The project will enhance the pedestrian experience on Ellis Ave. by dedicating four ft. of property to provide a 12 ft. wide public right-of-way. Pedestrian access to the project site will feature a six ft. wide planter along the street frontage which buffers the adjacent six ft. wide sidewalk. The sidewalk along Ellis Ave. is also adjacent to the proposed public plaza. The building is oriented towards the street which connects the sidewalk to the shopfront retail entrance and the common lobby residential entrance along Ellis Ave. Interior corridors connect the residential units to the parking garage and roof deck via stairs/elevators. The sidewalk connects to a pathway which provides access to the ground floor residential entrance and pedestrian security gates. The security gates will enclose the residential area from the public open space through controlled access scan cards. The project’s access points have been designed to comply with the requirements of the BECSP andCity of Huntington Beach Printed on 5/29/2019Page 14 of 17 powered by Legistar™155 File #:19-545 MEETING DATE:5/28/2019 The project’s access points have been designed to comply with the requirements of the BECSP and respond to the Fire Department’s request for emergency access. The site includes a fire truck turnabout and marked fire lanes. The project has proposed an Alternate Means & Methods (AM&M) strategy to satisfy exterior hose pull distance requirements. The AM&M has been reviewed and conceptually approved by the HBFD. Open Space The 2,703 sf. public open space plaza is accessible via the public sidewalk on Ellis Ave. and visible along the street frontage. The plaza includes seating areas for public use and decorative stamped concrete pathways which encourages public use from the sidewalk. The inclusion of these improvements creates an inviting pedestrian experience for both visitors and residents. The project proposes porches as private open space for the ground floor residential units. Although each of the ground floor residents will benefit from the enjoyment of open space accessible directly from their unit, the porch type private open space is noncompliant with the Town Center Neighborhood segment of BECSP. For this reason, the ground floor porches are excluded from private open space calculations for the project. All residents will have access to the fourth floor roof deck common area. Units on the fourth floor also have private balconies which are separate from the common area. Parking The 2015 amendments to the BECSP increased the parking ratio requirements from the original 2010 adoption of the BECSP. The proposed project meets and exceeds the minimum amount of required vehicle parking based on the current BECSP. A total of 125 parking spaces are required for the project and a total of 128 parking spaces are provided. The project provides 120 parking spaces for residences, including 24 spaces reserved for guests, and 5 spaces reserved for the retail tenant. The subterranean parking structure will provide access to all 128 parking spaces. According to the Parking Management Plan (Attachment No. 13), the parking garage will remain open between the hours of 9:00 AM and 9:00 PM and require a scan card for gate access outside these hours. Affordable Housing As required per the Beach and Edinger Corridors Specific Plan (BECSP) and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.26 - Affordable Housing, 10% of the proposed units are required to be designated for sale at affordable income levels. Thus, 4.8 of the proposed 48 units are required to be designated for sale at affordable income levels. The applicant proposes to provide five affordable units on-site in order to comply with the Affordable Housing requirement. Three of the affordable units will be made available to moderate income households and two affordable units will be available to low income households, as defined by HBZSO Section 230.26(B)(3). In the event the project is operated as rental apartment units, five on-site units will be designated as rentals affordable to low income households, as defined by HBZSO Section 230.26(B) (2). In addition, there are requirements for a 45-year affordability period (for-sale units) and 55-year affordability period (rental units) and the timing for which the affordable units shall be constructed. The suggested conditions of approval for Tentative Tract Map No. 18157 stipulates these requirements to be recorded in an Affordable Housing Agreement approved by the City Council. Urban Design Guidelines Conformance: The project is required to comply with the architectural regulations and guidelines of the BECSP. ACity of Huntington Beach Printed on 5/29/2019Page 15 of 17 powered by Legistar™156 File #:19-545 MEETING DATE:5/28/2019 The project is required to comply with the architectural regulations and guidelines of the BECSP. A detailed discussion of the project’s design is provided in the Analysis section of this staff report. Environmental Status: On December 8, 2009, the Planning Commission certified Program Environmental Impact Report (EIR) No. 08-008 for the proposed Beach and Edinger Corridors Specific Plan. EIR No. 08-008 concluded that potential impacts can be mitigated to less than significant levels with the exception of impacts to air quality, cultural resources, noise, population and housing, public services, recreation, transportation/traffic, and utilities and service systems, which would remain significant and unavoidable. The Planning Commission certified EIR No. 08-008 as adequate and complete with modified mitigation measures, findings of fact, and a Statement of Overriding Considerations. The City Council also adopted a Statement of Overriding Considerations prior to action on the GPA, ZMA, and ZTA on March 1, 2010. The project applicant has completed Air Quality/GHG Analysis, Traffic Impact Analysis, Preliminary Hydrology Report/WQMP, Phase 1 Environmental Site Assessment (ESA), and a Geotechnical Investigation (Attachments No. 17) to ensure the project will comply with the BECSP Mitigation Monitoring Reporting Program. All potentially significant effects of the project have been analyzed pursuant to the BECSP Program EIR and can be mitigated pursuant to applicable mitigation measures adopted for the BECSP Program EIR (Attachment No. 15). Therefore, pursuant to Section 15182 of the CEQA Guidelines, the proposed project is covered under the program EIR and no further environmental analysis is required. Coastal Status: Not Applicable. Design Review Board: Not Applicable. Subdivision Committee: Not Applicable. Other Departments Concerns and Requirements: The Departments of Public Works, Fire, Building, Economic Development, and Police have reviewed the proposed development project. Recommended conditions from the Departments of Public Works, Fire, Building and Police are incorporated into the suggested conditions of approval and code requirements have also been identified. Public Notification: Legal notice was published in the Huntington Beach Wave on May 16, 2019, and notices were sent to property owners of record and occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department’s Notification Matrix), and applicant. Written communications received prior to the May 28, 2019 Planning Commission meeting will be forwarded to the Planning Commission for consideration (Attachment No. 16). Application Processing Dates: DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): April 1, 2019 June 1, 2019City of Huntington Beach Printed on 5/29/2019Page 16 of 17 powered by Legistar™157 File #:19-545 MEETING DATE:5/28/2019 DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): April 1, 2019 June 1, 2019 SUMMARY: Staff recommends that the Planning Commission approve the proposed project based on the following: - Consistent with the M-sp (Mixed Use - Specific Plan Overlay) Land Use Designation of the General Plan and the SP 14 - Beach and Edinger Corridors Specific Plan zoning designation. - Implements the objectives of the BECSP to improve the vitality of the Beach Boulevard corridor. - Provides a mixed-use development that is consistent with the BECSP development code and compatible with the surrounding existing and anticipated land uses. - Creates an environment that supports pedestrian and bicycle activity and increases housing. - The project meets the requirements of the Subdivision Map Act. - The project contributes to the City’s housing stock, including affordable housing as required by existing City requirements, thereby assisting to achieve the City’s overall housing goals. ATTACHMENTS: 1.Suggested Findings and Conditions of Approval for Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 2. Vicinity Map 3. Project Narrative received and dated May 1, 2019 4. Tentative Tract Map No. 18157 received March 7, 2019 5. Site plan, floor plans, and elevations received April 23, 2019 6. Shadow Analysis 7. BECSP Completed Comparable Projects 8. Site Plan Revised for Clarity 9. Accident Rates in the Project Vicinity 10. Proposed Project and Elan Trip Generation Comparison 11. Summary of Volume/Capacity Ratio in Project Vicinity 12. Preliminary Grading Plan 13. Parking Management Plan received and dated April 22, 2019 14. Sustainability Narrative received and dated September 21, 2018 15. BECSP Mitigation Monitoring Checklist 16. Email Public Comment Received May 17, 2019 17. Air Quality/GHG Analysis, Traffic Impact Analysis, Preliminary Hydrology Report, Draft Water Quality Management Plan, Phase 1 ESA, Geotech Investigation (not attached - see May 14, 2019 PC Study Session Staff Report) 18. Republic Will-Service Letter 19.Code Requirements Letter City of Huntington Beach Printed on 5/29/2019Page 17 of 17 powered by Legistar™158 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 18157 CONDITIONAL USE PERMIT NO. 17-042 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15182 of the CEQA Guidelines and Government Code 65457, because the project is a mixed-use development that conforms with the Beach and Edinger Corridors Specific Plan for which Program EIR No. 08-008 was adopted and implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final EIR for the BECSP. Compliance with all applicable mitigation measures adopted for the Specific Plan will be required of the project. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines are present and, therefore, no EIR or MND is required. The Project, located on the north side of Ellis Avenue between Beach Boulevard and Patterson Lane, consists of a four-story mixed-use building including 48 condominium residences with on- site public and private open space, a three level subterranean parking structure and 891 square feet of commercial space. The development site is located within the Town Center Neighborhood Segment of the Beach and Edinger Corridors Specific Plan (BECSP) area. The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. In 2015, the City Council amended the BECSP to reduce the Maximum Amount of New Development to 2,100 total new dwelling units including 725 units on Beach Boulevard. There are 200 undeveloped units remaining within the MAND on Beach Boulevard. The 48 units contemplated by the project is within the total new dwelling units permitted on Beach Boulevard under the approved BECSP. The project conforms to all standards and regulations of the BECSP development code. Accordingly, no changes requiring revision of the previously certified Program EIR are proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously certified Program EIR or that the significant effects identified in the certified Program EIR will be substantially more severe than determined in the Program EIR. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project. SUGGESTED FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 18157: 1. Tentative Tract Map No. 18157 for the consolidation of three parcels into one 0.95 acre parcel is consistent with the General Plan Land Use Element designation of Mixed Use on the subject property. The project complies with all applicable code provisions of the Subdivision Map Act, Huntington Beach Zoning and Subdivision Ordinance, and Beach and Edinger Corridors Specific Plan. The project will result in the demolition of an existing commercial building, one dwelling unit, and a portion of a former car wash and facilitate the development of a mixed-use building permitted by code. The proposed subdivision is consistent with goals, policies, and objectives of the General Plan Land Use Element that govern new subdivisions and residential development. 159 2. The site is physically suitable for the type and density of development in that the project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The site is located within the Beach and Edinger Corridors Specific Plan, which permits mixed-use buildings and residential uses within close proximity of commercial uses. The specific plan is a form-based code that does not rely on density to limit development, but rather the building form to create an attractive public experience appealing to pedestrians. By merging the three existing lots into one, the site will function as an integrated development compatible with the vision of the growing urban Beach Boulevard corridor. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the site has been previously used as a car wash, one dwelling unit, and a convenience store. The site does not contain any significant habitat for wildlife or fish. Design features of the project as well as compliance with the provisions of the Beach and Edinger Corridors Specific Plan will ensure that the subdivision will not significantly impact the function and value of any resources adjacent to the project site. The project will comply with applicable mitigation measures pursuant to Program EIR No. 08- 008. 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. Vehicular access is provided via a driveway along Ellis Avenue. The subdivision will provide all necessary street, sidewalk, and utility easements to serve the new subdivision. The project will dedicate four feet of land to widen the existing sidewalk (public right-of-way) along Ellis Avenue. The project will provide all necessary easements and will not affect any existing easements. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 17- 042: 1. Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences, 891 sf. of retail space and associated infrastructure and site improvements will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because as conditioned, the project will result in less than significant impacts related to traffic, noise, lighting, aesthetics, and privacy of adjacent residences. Existing multi-family residences adjacent to the east will be buffered from the project by an approximately 33 ft. 7 in. setback on the east side of the project site consisting of landscaping and a driveway. Residents of the project and the general public, including nearby residents, will benefit from the new commercial portion of the building and the public plaza. Based upon the conditions of approval and BECSP mitigation measures, the proposed project will not result in significant impacts onto adjacent properties in that the project complies with setbacks, onsite parking requirements, and allowable building height. The project is a four-story building that is compatible with surrounding developments in terms of architectural design and scale pursuant to the massing and scale requirements of the BECSP. The proposed mixed-use development will be compatible with the surrounding multi-family residential uses and commercial uses in terms of density, layout and overall design. With the conditions of 160 approval imposed, the project’s grading and drainage pattern will result in compatible finished grades between adjacent properties. 2. The proposed project will comply with the Town Center Neighborhood Segment of the Beach and Edinger Corridors Specific Plan, and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because the project complies with all other setback standards, building height, top and base architectural element requirements, and parking. 3. The General Plan Land Use Map designation on the subject property is currently M-sp (Mixed Use – Specific Plan Overlay). Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences, 891 sf. of retail space and associated infrastructure and site improvements is consistent with this designation and the goals and policies of the City’s General Plan as follows: 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. Policy 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. Policy LU-1B: Ensure new development supports the protection and maintenance of environmental and open spaces resources. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D: Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-3A: Ensure that future development and reuse projects are consistent with the Land Use Map to provide connections between existing neighborhoods and city attractions. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. Policy LU-4B: Improve options for people to live near work and public transit. 161 Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13A: Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. The proposed development is consistent with the Beach and Edinger Corridors Specific Plan which encourages buildings to orient towards streets, wider walkways, and large open space areas to enhance the pedestrian and public experience. Approximately 2,703 sq. ft. of public open space will be provided in a plaza accessible from Ellis Avenue. This area will be designed with enhanced landscaping, seating areas, and visually appealing amenities. The architecture of the building is contemporary, incorporating notches, major façade offsets, and façade composition changes to break up the massing of the building at street frontages. Brick veneer is applied along the base of the building with canopies at entrances to cater to the pedestrian scale. The façade skyline is then capped with parapets and articulating rooflines. Additionally, this mixed-use development will provide an on-site commercial component and is proposed within close proximity of new and existing commercial uses thus reducing the need for automobile use. By permitting a mix of land uses closer together, greater interaction will occur between developments and further the vision and viability of the BECSP. Housing Element Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Policy 2.2 Residential Mixed Use: Facilitate the efficient use of land by allowing and encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations. Policy 2.3 Beach and Edinger Corridors Specific Plan: Encourage and facilitate the provision of housing affordable to lower income households within the Beach and Edinger Corridors Specific Plan. Policy 6.4 Transportation Alternatives and Walkability: Incorporate transit and other transportation alternatives including walking and bicycling into the design of new development, particularly in areas within a half mile of designated transit stops. The suggested conditions of approval for Tentative Tract Map No. 18157 would ensure that the project is developed in accordance with the proposed project narrative and guarantee that the project provides 5 onsite affordable housing 162 units. The project represents new housing in the City that will help to fulfill the City’s share of the regional housing need. The proposed project would accommodate and is designed to appeal to different age groups and household types. A minimum of ten percent of the units are required to be designated for affordable housing. The project applicant proposes to provide five on-site affordable housing units in order to comply with the affordable housing requirement. Residents will benefit from the proximity of the project to different activities and uses. The project provides opportunities and convenience for many households to use alternate travel modes such as walking, bicycling, and public transit to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. Circulation Element Goal CIRC-3a: Convenient and efficient connections between regional transit and areas of employment, shopping, recreation, and housing will increase ridership and active mobility, with a focus on first/last mile solutions. Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to- day required activities in a safe and efficient manner for all ages and abilities. Policy CIRC-6(C): Require new commercial and residential projects to integrate with pedestrian and bicycle networks, and that necessary land area is provided for the infrastructure. The proposed streetscape will create continuity with new and existing development along the Beach Boulevard corridor by providing a sidewalk with new landscaping to buffer pedestrians from the vehicular thoroughfare. Pedestrian connectivity is improved with landscaping and architectural elements through the proposed public open space and wider sidewalks. The project is serviced by an existing bus stop at the intersection of Beach Blvd. and Ellis Ave. and also provides bicycle parking in the subterranean parking structure to accommodate alternative methods of transportation. SUGGESTED CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP NO. 18157: 1. Tentative Tract Map No. 18157 for consolidation of three existing parcels into a one-lot subdivision for a mixed-use 48 unit residential and 891 square feet commercial development received and dated April 23, 2019, shall be the approved layout, including the following: a. The existing 6-foot easement (along the subject site’s westerly property line) for Public Utility Purposes shall be quitclaimed to eliminate any encroachment by the proposed water quality basin or the proposed basin shall be relocated to eliminate any encroachments into said easement. b. The existing 20-foot easement, over existing Parcels 1 and 2 (along the subject site’s westerly property line) for Ingress and Egress Purposes shall be 163 quitclaimed to eliminate any encroachment by the proposed building or the proposed building shall be relocated to eliminate any encroachments into said easement. 2. The Final Map for Tentative Tract Map No. 18157 shall not be approved by the City Council until Conditional Use Permit No. 17-042 is approved and in effect. 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 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. The following shall be shown as a dedication to the City of Huntington Beach on the Final Tract Map (HBZSO 230.84 (A) & 253.10 (K)) (PW): a. A 4-foot right-of-way dedication for street purposes along the Ellis Avenue project frontage for a curb to property line width of 12 feet. (BECSP) 5. Prior to submittal of the Final Map and at least 90 days before City Council action on the Final Map, an Affordable Housing Agreement (AHA) shall be submitted to the Departments of Community Development and Economic Development identifying three on-site units for- sale as affordable for persons and families of moderate income and two on-site units for- sale as affordable for persons and families of low income pursuant to Section 230.14 of the HBZSO. The AHA shall identify five on-site units for rent as affordable for persons and families of low income in the event the project is operated as rental apartment units. The Affordable Housing Agreement shall be reviewed and approved by the City Council and shall be recorded with the Orange County Recorder’s Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Sections 230.14 and 230.26 and include: i. A detailed description of the type, size and location of the five affordable housing for- sale units on-site. The mix of designated affordable one bedroom and two bedroom units shall be determined in the Agreement. ii. There shall be three on-site units for sale as affordable to persons and families of moderate income (up to 120% of the Orange County median income). There shall be two on-site units for sale as affordable to persons and families of low income (up to 80% of the Orange County median income). The Orange County median income is adjusted for appropriate household size. iii. In the event the project is operated as rental apartment units, the Agreement shall identify five on-site units for rent as affordable to persons and families of low income (up to 80% of the Orange County median income). The Orange County median income is adjusted for appropriate household size. iv. Continuous affordability provisions for a period of 45 years (for-sale units) and 55 years (rental units). Any required for-sale affordable units shall be owner-occupied (not rented or leased). 164 v. Provisions for the affordable units to be constructed prior to or concurrent with the primary project. Phasing and availability of the affordable units shall be concurrent with final approval (occupancy) of the first market rate residential unit(s), or contingent upon evidence of the applicant’s reasonable progress towards attainment of completion of the affordable units. 6. Prior to submittal of the Final Map 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: a. The common driveway access easements b. Maintenance of all walls, common landscape areas, and refuse management by the Homeowners' Association c. Management of the BMPs per the approved WQMP by the Homeowners' Association d. Management of the revised Parking Management Plan pursuant to CUP No. 17- 042 Condition No. 2 to ensure the ongoing control and availability of on-site parking. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) 7. Comply with all applicable Conditional Use Permit No. 17-042 conditions of approval. SUGGESTED CONDITIONS OF APPROVAL – CONDITIONAL USE PERMIT NO. 17- 042: 1. The site plan, floor plans, and elevations received and dated April 23, 2019 shall be the conceptually approved design with the following modifications: a. Depict the controlled access entry gate to the subterranean parking garage discussed in the Parking Management Plan. b. The proposed 10 ft. high perimeter block wall shall be revised to a maximum of 8 ft. high, including up to 2 ft. of retaining wall in accordance with Condition of Approval No. 6.a. 2. The Parking Management Plan dated April 22, 2019 shall be revised to include the following: a. Required parking shall be assigned to and reserved for each unit. Each unit shall be assigned two reserved parking spaces. b. The assigned residential parking spaces shall be provided with the rental of a dwelling unit without any additional cost. (HBZSO 231.18 (D)(2)) 3. Comply with all mitigation measures adopted for the project in conjunction with Environmental Impact Report No. 08-008 as specified in the Mitigation Monitoring Program for Ellis Ave. Condos. 4. 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. 165 Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property line wall. If coordination between property owners cannot be accomplished, the applicant shall construct up to an eight (8’) foot tall wall (including up to 2 ft. of retaining wall) located entirely within the subject property and with a two (2) inch maximum separation from the property line. The plans shall include some mechanism to close and secure any gaps. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Plans shall depict any removal of walls on private residential property and construction of new common walls and sidewalls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. 5. At least 14 days prior to any grading activity, the property owner/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 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. 6. Prior to issuance of a grading permit, the following shall be completed: a. The proposed drainage pattern and system shall be reevaluated to reduce potential grading impacts on the adjacent properties to the north, east, and west by incorporating localized collection points and result in a maximum two ft. grade differential and maximum two ft. high retaining wall. The retaining wall may be topped with a maximum six ft. high block wall. b. The existing 6-foot easement (along the subject site’s westerly property line) for Public Utility Purposes shall be quitclaimed to eliminate any encroachment by the proposed water quality basin or the proposed basin shall be relocated to eliminate any encroachments into said easement. (PW) c. The existing 20-foot easement over existing Parcels 1 and 2 (along the subject site’s westerly property line) for Ingress and Egress Purposes shall be quitclaimed to eliminate any encroachment by the proposed building. (PW) d. An interim parking and building materials storage plan shall be submitted to the Planning Division 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 property owner/developer shall obtain any necessary encroachment permits from the Department of Public Works. e. All design and construction shall be per the City Standard codes and street configuration and specifications of the Beach and Edinger Corridors Specific Plan. The frontage along Ellis Avenue shall comply with the “Neighborhood Streets” configuration. 166 f. A lighting plan depicting the boulevard-scale street lighting and pedestrian-scale street lighting along Ellis Ave. shall be submitted to the Community Development Department for review and approval by the Planning Division and Public Works Department. 7. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval 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 site plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department. c. Contact the United States Postal Service for approval of mailbox location(s). d. One set of project plans revised pursuant to Condition No. 1 and one 8 ½ inch by 11 inch set of all colored renderings, elevations, and materials sample and color palette, revised pursuant to Condition of Approvals and Code Requirements, shall be submitted for review, approval, and inclusion in the entitlement file, to the Planning Division. 8. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit plans revised pursuant to Condition No. 1 to Republic Services for review. Proof of Republic Services approval shall be submitted to the Community Development Department. b. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review, approval, and inclusion in the entitlement file to the Community Development Department. c. A Fire Master Plan shall be submitted and approved by the Fire Department. The Fire Master Plan shall include but is not limited to the following: i. Building locations, height and stories, addresses, and construction type; ii. Property dimensions or accurate scale; iii. Fire hydrant locations, public and private; iv. FDC locations; v. Fire sprinkler riser locations and location of system serving; vi. FACP locations; vii. Knox box and knox switch locations; viii. Gate locations, and opticoms if required; 167 ix. Fire lane locations, dimensions, lengths, turning radii at corners and circles/cul-dee-sacs; x. Fire lane signage and striping. xi. The conceptual Alternative Materials and Methods Strategy shall be finalized to demonstrate compliance with exterior hose pull distance requirements. (FD) 9. Prior to occupancy of the first dwelling unit, the following shall be completed: a. The proposed driveway approach on Ellis Avenue shall be constructed per Public Works Standard Plan No. 211. The driveway design shall include treatments for right-turn in/right-turn out only as specified by Public Works. This may include raised curb channelization, striping, and signage. (ZSO 230.84) b. The Developer shall provide a Landscape Maintenance License Agreement for the continuing maintenance and liability of all landscaping, irrigation, street lighting, furniture and hardscape that is located along the project frontage within the public right-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 the maintenance, repair, replacement, liability and fees imposed by the City. (PW) c. All existing overhead utilities that occur along the project’s Ellis Avenue frontage shall be under-grounded. This includes the Southern California Edison (SCE) aerial distribution lines (12kV) and poles along the entire length of the westerly frontage of the subject project. This condition also applies to all utilities, including but not limited to all telephone, electric, and Cable TV lines. If require, easements shall be quitclaimed and/or new easements granted to the corresponding utility companies. (PW) 10. The use shall comply with the following: a. All ground floor entry points to residences shall be monitored by secured FOB type entries. (PD) 11. The developer or developer’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 12. CUP No. 17-042 shall become null and void unless exercised within two years of the date of the final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 13. Incorporating sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program 168 certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (http://www.builditgreen.org/green-building- guidelines-rating). 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. 169   VICINITY MAP CONDITIONAL USE PERMIT NO. 17-004/TENTATIVE TRACT MAP NO. 18157/ENVIRONMENTAL ASSESSMENT NO. 18-001 (ELLIS AVENUE CONDOS) 170 May 1, 2019 City of Huntington Beach Planning Department 2000 Main Street, 3rd Floor Huntington Beach, CA 92648 Huntington Beach Condos, Ellis & Beach MCG Project No. 17.359.05 To whom it may concern: Our client, THDT Investment, Inc. is proposing to redevelop 3-existing lots (totaling approximately 41,200 s.f.) near the north-east corner of Ellis Avenue and Beach Boulevard within the Huntington Beach - Beach and Edinger Corridors Specific Plan. The new development will demolish the existing liquor store at 8041 Ellis Avenue, the single family residence behind the liquor store and part of the lot adjacent to the Metro car wash at 18400 Beach Boulevard to build a new four story mixed use building with an approximately 891 s.f. retail use on the ground floor along Ellis Avenue and a combination of single and two bedroom condominium units throughout the remainder of the approximately 79,000 s.f. building. The proposed unit mix would be 42- 2 bedroom units - approximately 880 s.f. ea. and 6 single bedroom units - approximately 645 s.f. ea. for a total of 48 units overall. The City of Huntington Beach Business Development staff provided the total number of required affordable housing units to be 4.8. The developer is seeking to provide 5-affordable units overall. Parking to serve the development will consist of three sub-grade levels for a total of 128 parking stalls. The intention is for the units to be sold to individual buyers so there will be no permanent on-site staff. Building maintenance and regular up-keep and cleaning will be handled by the owners management team via contracts with local services. This new development will be an enhancement to the community by adding a modern environmentally friendly & small scale mixed use complex with unit pricing sized to suit the average consumer. The location allows owners to visit amenities such as Helme Park, medical, dental and eye care centers as well as local markets all within a short walking distance. Public transportation is close by as well via the existing bus stop on Beach Boulevard in front of the Metro Car Wash. Owners on the upper floors of the south and west side units will be afforded serene ocean views and breezes to help enhance their lifestyles. R E G A R D I N G 171 City of Huntington Beach Huntington Beach Condos, Ellis & Beach May 1, 2019 Page 2 Yours truly, MCG ARCHITECTURE Jeff Herbst, Project Director XXX:xx Enclosures C C 172 N00°18'18"E 422.00' N00°18'18"E 422.00'N89°19'34"W 98.56'N89°19'34"W 98.56'LOT LINE TOBE REMOVEDLOT LINE TOBE REMOVED20' 40'88'PROPERTY BOUNDARY EX. BUILDING TOBE REMOVEDEX. BUILDING TOBE REMOVEDEX. BUILDING TOBE REMOVEDEX. BUILDINGS TOBE REMOVEDEX. BUILDING TO BE REMOVED3 4520'20'2'33'16'26'24-FOOTDEDICATIONTO BEQUITCLAIMEDTO BEQUITCLAIMEDTO BEQUITCLAIMEDASSESSOR PARCEL NUMBER(S):157-341-004, 157-341-007, 157-341-0081. PREPARED: OCTOBER 20182. PROPOSED PROPERTY USE: MULTI-STORY RESIDENTIAL CONDOS; 2 LEVELS OFPARKING BELOW GROUND; BUILDING FINISHED FLOOR CONSISTENTTHROUGHOUT; 1 COMMON ROOF.3. GENERAL PLAN: M-SP-D MIXED USEZONING: SPECIFIC PLAN 144. PROPOSED ZONING: MIXED USE5. PROPERTY ACREAGE: 0.95 AC6. EXISTING BUILDINGS ONSITE TO BE REMOVED7. FEMA FLOOD INSURANCE RATE MAP: 06059C0253J, FLOOD ZONE X8. TOPOGRAPHY BY FIELD SURVEY SEPTEMBER 14, 2017.NOT TO SCALEVICINITY MAPPROJECTSITEENGINEER:OWNER/DEVELOPER:EASEMENT NOTES:AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IN FAVOR OF A.W. FULLER AND NELLIEFULLER, RECORED SEPTEMBER 27, 1922, IN BOOK 437 OF DEEDS, PAGE 269. (OFFSITE DOESNOT AFFECT PROPERTY )AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON,RECORDED NOVEMBER 13, 1957 IN BOOK 4101, PAGE 501 OF OFFICIAL RECORDS. (PLOTTEDHEREON/TO BE QUITCLAIMED)4321AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON,RECORDED JUNE 23, 1971 IN BOOK 9689, PAGE 78 OF OFFICIAL RECORDS. (PLOTTED HEREON)AN EASEMENT FOR INGRESS AND EGRESS PURPOSES, IN FAVOR OF PARCEL 2 OF A PARCELMAP RECORDED SEPTEMBER 3, 1971, IN BOOK 38, PAGE 16, RECORDED NOVEMBER 29, 1971 INBOOK 9905, PAGE 184 OF OFFICIAL RECORDS. (PLOTTED HEREON/TO BE QUITCLAIMED)(951) 893-1900OC DEVELOPMENT, LLCCORONA, CA 928821307 W 6TH STREET, STE 202TAHIR SALIMLEGAL DESCRIPTION:PARCEL 1 AND PARCEL 2, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 39, PAGE(S) 2, OF PARCELMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA.PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OFCALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 38, PAGE(S) 16, OF PARCEL MAPS,RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.LOT1AREA0.95 ACNUMBERED LOTS:WIDTH115'DEPTH422'GENERAL NOTES:L O T 1 5AN EASEMENT FOR INGRESS AND EGRESS PURPOSES, IN FAVOR OF PARCEL 1 OF A PARCELMAP RECORDED OCTOBER 8, 1971, IN BOOK 39, PAGE 2. (PLOTTED HEREON/TO BEQUITCLAIMED)KWC ENGINEERS1880 COMPTON AVENUE, SUITE 100CORONA, CA 92881-3370(951) 734-2130CONTACT: BRANDON BARNETT, P.E.173 ELLIS AVE PROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56'PROPERTY LINE ± 422'-0"(E) PROPERTY LINE ± 98.56'SIDEWALK EXISTINGJACK-IN-THE-BOXEXISTING CAR WASH BUILDINGEXISTING CAR WASH TUNNELCAR WASH DRIVE THRU STACKINGEXISTING LANDSCAPINGDEMOLISHVACUUM CANOPYDEMOLISHEXISTING SHRUBS(E) DRIVE (E) DRIVEDEMOLISHEXISTING CURBS(E) DRIVE(E) DRIVE(E) DRIVE EXISTING RESDIENCETO BE DEMOLISHEDEXISTING LIQUORSTORE TO BEDEMOLISHEDADJACENT RESIDENTIAL - NOT A PARTADJACENT RESIDENTIAL - NOT A PARTDEMOLISHEXISTING WALLDEMOLISHEXISTING TREEDEMOLISHEXISTING SHRUBSDEMOLISHEXISTING TREEDEMOLISHEXISTING TREESDEMOLISHEXISTING TREEBEACH BLVD.221'-4"R26' -0 " 14'-11"R14'-0"12'-0"NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0108/24/2018MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCHUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0EXISTING/DEMOSITE PLANScale : 1" = 20'-0"10' 20' 40'12/20/17 REVISED PER 12-6-17 COMMENTS06/12/18 REVISED PER 2-12-18 COMMENTSA-103/04/19 REVISED PER 12-26-18 COMMENTS174 HALLWAYHALLWAYPROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56' (E) PROPERTY LINE ± 98.56'A.1B.1C.1D.1E.1F.1F.4G.1H.127'-4"37'-3"37'-3"37'-3"37'-6"9'-3"56'-0"6'-9"37'-6"37'-3"176'-7"ABCDEFGHI38'-6"27'-7"27'-6"37'-3"37'-6"90'-10"37'-3"37'-3"371'-1"10'-0"1'-0"F.2F.31'-0"I.137'-6"112'-3"370'-1"BRIDGEOPEN14' RETAILCEILINGBELOWUNIT 2MUNIT 2NUNIT 2LUNIT 2BUNIT 2CUNIT 2FUNIT 2GUNIT 2JUNIT 2KUNIT 2PUNIT 2DUNIT 2HUNIT 2APROPERTY LINE ± 422'-0"J37'-6"54'-0"12424'-0"24'-0"6'-0"11'-0"372'-0"9'-3"STAIRSELEV.LOBBY9'-6"FITNESSROOMTRASH UNIT 2EPLANTER POTSON BRIDGE PATHJ(P) PROPERTY LINE ± 98.56'30' SETBACK LINE TRASH CHUTEFOR TENANTSTYP. PER FLOORGAS GAS UNIT 1HUNIT 1JHALLWAYHALLWAY24'-0" WIDE DRIVEWAYSIDEWALKELLIS AVE PROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56'PROPERTY LINE ± 422'-0"SIDEWALK UNIT 1CUNIT 1LUNIT 1MA.1B.1C.1D.1E.1F.1F.4G.1H.127'-4"37'-3"37'-3"37'-3"37'-6"9'-3"56'-0"6'-9"37'-6"37'-3"4'-0"31'-0"176'-7"54'-0"12424'-0"24'-0"6'-0"24'-0"5'-0"11'-0"ABCDEFGHI38'-6"27'-7"27'-6"37'-3"37'-6"90'-10"37'-3"37'-3"16'-3"371'-1"MULTI PURPOSE ROOMMULTI PURPOSE ROOM33'-7" 23'-10"5'-0"4'-0"4'-7" 10'-0"1'-0"F.2F.33SCREENED AREA FORCONDENSORS,METERS & BACKFLOWSNEW DRIVE APPROACH -SEE CIVIL PLANS8" WATER LINE4" WATER LINE 8" SEWER LINE6" GAS LINE WALL MOUNTED LEDSITE LIGHTING - 9'HIGHUNIT 1E15'-7"1'-0"I.137'-6"9'-3"112'-3"370'-1"UNIT 1APLAZAPublic Space2,703 S.F.Common Lobby Type Private Frontage6'-9"5'-3"SIDEWALK(P) PROPERTY LINE ± 98.56'DEDICATION UNIT 1KUNIT 1GUNIT 1FRetail Space±891 SFREFUSE/RECYCLE ROOMJ37'-6"38'-6"A1'-0"72'-0"UTILITY AREASTAIRSELEV.LOBBY9'-6"SEELANDSCAPEPLANS FORDESIGNGASGASGASPROPOSED WATER,SEWER & GAS LINESPROPOSED ELECSERVICEEXISTING POWERPOLE4'-10"ROLL-UP GARAGE DOORSHALL BE RECESSED AMIN. OF 12" FROM FACEOF WALL12"R32'-0"6'-0"PLNTRR36'-0"TRASH 5'-0"10' HIGH CMU WALL6' HIGHSCREENWALLGAS METERS(E) PROPERTY LINE ± 98.56'26'-0"12'-14' HIGHDECORATIVEST. LIGHT, TYP.TO MATCH (E)FIXTURESACROSSELLIS AVE.FIRE STAND PIPETO BE USED IN LIEUOF HOSE PULLREQUIREMENT -ALTERNATIVEMEANS/METHOD PERFIRE CODE SEC. 104.9NO PARKING ALLOWEDALONG FIRE CURB, TYP.Common Lobby Type Private Frontage DECORATIVECONCRETE AT GRADE30' SETBACK LINE(N) FIREHYDRANTRAMP DOWN(NO FIRE TRUCKACCESS DOWN RAMP)FIRE TRUCKTURNABOUTLADDER PADLOCATION ATRESCUE OPENINGS6'-7" MIN.JUNIT 1BUNIT 1DAANO PARKINGALLOWED ALONGFIRE CURB, TYP.150'150'150'R5 0 ' - 0 "R150'-0"TYPICAL FIRE HOSE MAXIIMUM DISTANCE OF 150'3'-0"PROPOSED RAMP & STAIRACCESS W/42" HIGH MAX.RAILINGS+0.0'+2.0'+0.0'+1.4'+2.0'23'-5"NEW RAILINGS 42" MAX.ABOVE FINISHED GRADENOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0104/02/2019MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCSTREET LEVELSITE SUMMARYLAND:41,210 S.F. 0.955 ACOCCUPANCY:R-2/MSTREET LEVEL12 UNITS2ND TO 3RD LEVEL29 UNITSROOF DECK LEVEL 7 UNITS48 UNITSNUMBER OF UNITS STREET LEVEL15,578 SFFLOOR AREA:SECOND LEVEL17,470 SFTHIRD LEVEL17,470 SFROOF DECK LEVEL 6,810 SFTOTAL FLOOR AREA57,328 SFTOTAL PARKING AREA64,296 SFPARKING AREA:2 ND FLOOR PLANPARKING LEVEL 1 26,751 SFPARKING LEVEL 2HUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0SITE PLAN &FIRST & SECOND FLOOR PLANSScale : 1" = 20'-0"10' 20' 40'APN:157-341-04, 07 & 08ZONING:BEACH-EDINGER SPECIFIC PLAN - SP-14OWNERTHDT INVESTMENTS1307 W. 6TH ST. #202CORONA, CA 92882951.543.8665SALIMTHEONE@YAHOO.COMAPPLICANTMCG ARCHITECTURE/JEFF HERBST111 PACIFICA, #280IRVINE, CA 92618949.553.1117JHERBST@MCGARCHITECTURE.COMLEGAL DESCRIPTIONTRACT 7157, IN BOOK 157, PAGE 34 OF ORANGECOUNTY ASSESSORS OFFICE.TOTAL UNITS* AHU = AFFORDABLE HOUSING UNIT. 4.8- UNITSREQUIRED. DEVELOPER WILL BE PROVIDING 5UNITS.PARKING LEVEL 310,794 SF26,751 SFA-2CONSTRUCTION TYPE:III-ABUILDING:66,511 S.F.03/04/19 REVISED PER 12-26-18 COMMENTS04/16/19 CITY COMMENTS REVISION04/2919 REVISED # OF AHU'S05/01/19 REVISED AHU'S TO 5 TOTAL175 HALLWAYPROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56' (E) PROPERTY LINE ± 98.56'A.1B.1C.1D.1E.1F.1F.4G.1H.127'-4"37'-3"37'-3"37'-3"37'-6"9'-3"56'-0"6'-9"37'-6"37'-3"176'-7"ABCDEFGHI37'-6"27'-7"27'-6"37'-3"37'-6"90'-10"37'-3"37'-3"370'-1"10'-0"1'-0"F.2F.3I.137'-6"112'-3"370'-1"BRIDGETRASH PROPERTY LINE ± 422'-0"J37'-6"54'-0"24'-0"24'-0"6'-0"11'-0"UNIT 3CUNIT 3GUNIT 3HUNIT 3JUNIT 3KUNIT 3LUNIT 3MUNIT 3DUNIT 3EUNIT 3FUNIT 3NUNIT 3PUNIT 3QUNIT 3BUNIT 3A72'-0"J9'-3"ELEV.LOBBYSTAIRS9'-6"PLANTER POTSON BRIDGE PATH(P) PROPERTY LINE ± 98.56'30' SETBACK LINE TRASH CHUTEFOR TENANTSTYP. PER FLOORPROPERTY LINE ± 98.56'PROPERTY LINE ± 418'-0"B.1F.4H.137'-3"37'-6"37'-3"AFH37'-6"37'-6"370'-1"I.1112'-3"370'-1"BRIDGEJ37'-6"6'-0"UNIT 4BUNIT 4GUNIT 4E72'-0"I.1A.1C.1D.1E.1F.1G.137'-3"27'-4"37'-3"37'-6"9'-3"56'-0"6'-9"176'-7"BCDEGI27'-7"27'-6"37'-3"90'-10"37'-3"37'-3"10'-0"1'-0"F.2F.337'-6"TRASH STAIRS11'-1" * 54'-0"24'-0"24'-0"11'-0"* = UPPER STORY SETBACK PER SP14 SECT. 2.4.3.UNIT 4AUNIT 4CUNIT 4FUNIT 4D9'-3"ELEV.LOBBY10'-0" *PRIVATE PATIOPRIVATE PATIO PRIVATE PATIOPRIVATE PATIOROOF DECKPRIVATE PATIOPRIVATE PATIOPRIVATE PATIOROOF DECKROOF 6'-0"7'-0"9'-0" 9'-0" 9'-0"5'-0" 15'-6" 15'-6"10'-0"LOWER ROOF - 100' SETBACKAREA FOR 4TH FLOORPLANTER POTSON BRIDGE PATHROOF DECK HOURSTO BE 8 AM TO 10 PMFOR NON-4TH FLOORTENANTS(P) PROPERTY LINE ± 98.56'30' SETBACK LINE(E) PROPERTY LINE ± 98.56'TRASH CHUTEFOR TENANTSTYP. PER FLOORNOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0110/27/2017MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCROOF DECK3RD FLOOR PLANHUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0THIRD FLOOR PLANAND ROOF PLANScale : 1" = 20'-0"10' 20' 40'A-306/12/18 REVISED PER 2-12-18 COMMENTS09/11/18 REV. PER CLIENT COMMENTS/LC11/16/18 REVISED PER 10-17-18 COMMENTS03/04/19 REVISED PER 12-26-18 COMMENTS176 PROPERTY LINE ± 98.56'PROPERTY LINE ± 418'-0"B.1F.4H.137'-3"37'-6"37'-3"AFH37'-6"37'-6"370'-1"I.1112'-3"370'-1"BRIDGEJ37'-6"1426'-0"72'-0"I.1A.1C.1D.1E.1F.1G.137'-3"27'-4"37'-3"37'-6"9'-3"56'-0"6'-9"176'-7"BCDEGI27'-7"27'-6"37'-3"90'-10"37'-3"37'-3"10'-0"F.2F.337'-6"TRASH 54'-0"24'-0"24'-0"311'-0"9'-3"10'-0" *PRIVATE PATIOPRIVATE PATIO PRIVATE PATIOPRIVATE PATIOROOF DECKPRIVATE PATIOPRIVATE PATIOPRIVATE PATIOROOF DECKLOWER ROOF 6'-0"9'-0" 9'-0"15'-6" 15'-6"10'-0"(P) PROPERTY LINE ± 98.56'30' SETBACK LINE(E) PROPERTY LINE ± 98.56'PLUMBING/HVACVENT THRU ROOFUNIT HVAC SYSTEMS TO BESPLIT TYPE SYSTEMS WITH FAUIN ATTIC AND CONDENSORSGROUND MOUNTEDNOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0110/27/2017MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCROOF ROOF PLANHUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0ROOF PLANScale : 1" = 20'-0"10' 20' 40'A-406/12/18 REVISED PER 2-12-18 COMMENTS09/11/18 REV. PER CLIENT COMMENTS/LC11/16/18 REVISED PER 10-17-18 COMMENTS03/04/19 REVISED PER 12-26-18 COMMENTS177 PROPERTY LINE +/- 422'-0"PROPERTY LINE +/- 98.56' (E) PROPERTY LINE +/- 98.56'RAMP DOWNPROPERTY LINE +/- 422'-0"147RAMP UP9'-0"19'-0"29'-0"19'-0"9'-0"19'-0"29'-0" 14'-7"22'-2"PRIVATE STORAGEDRIVEWAYDRIVEWAY22'-9"2'-2"10"10"159'-2"9'-3"56'-0"6'-9"112'-3"10%10% 6'-3"A.1F.1F.4I.19'-0"5'-0"26'-2"BENCHBENCHLOBBYSTO.ELECTROOMF.2F.3212'-0"18"25' TURN RADIUS -TYP.RAMP DOWN 5% ELEV. LOBBY4-BIKE RACKS - 2BIKES PER RACK11CLEANAIRCLEANAIR17'-5"12'-10"GUEST PARKING (12 STALLS)GUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTSTORAGE ROOMDOORS TO BEEQUIPPED W/VISIONPANELS (TYP.)5'-0"91'-5" 5'-0" 14'-6"18'-5"58'-6" (P) PROPERTY LINE ± 98.56'30' SETBACK LINE 2'-2"68'-8"27'-9" 5'-0" 10% 5% 5% 5% RAMP DOWN 5% 24'-0"5'-0" 15'-10"5'-0"65'-5"5'-0"27'-4"27'-4"5% 10% 32'-9"22'-2"CCBBRAMP DOWNPROPERTY LINE +/- 422'-0"PROPERTY LINE +/- 98.56' (E) PROPERTY LINE +/- 98.56'PROPERTY LINE +/- 422'-0"147RAMP UP9'-0"19'-0"29'-0"19'-0"9'-0"19'-0"29'-0"PRIVATE STORAGEDRIVEWAYDRIVEWAY22'-9"2'-2"10"10"159'-2"9'-3"56'-0"6'-9"112'-3"6'-3"A.1F.1F.4I.19'-0"5'-0"26'-2"BENCHBENCHLOBBYSTO.ELECTROOM2'-2"68'-8"27'-9"F.2F.3212'-0"18"25' TURN RADIUS -TYP.RAMP DOWN ELEV. LOBBY4-BIKE RACKS - 2BIKES PER RACK11CLEANAIRCLEANAIR17'-5"12'-10"GUEST PARKING (12 STALLS)GUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTGUESTRETAIL PARKING (5 STALLS)STORAGE ROOMDOORS TO BEEQUIPPED W/VISIONPANELS (TYP.)5'-0"91'-5" 5'-0" 14'-6"18'-5"58'-6" (P) PROPERTY LINE ± 98.56'30' SETBACK LINE C14'-7"22'-2"10%10% 5'-0"5% 5% RAMP DOWN 5% 24'-0"5'-0" 5% 10% 32'-9"22'-2"5'-0"5'-10"5'-0"NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE HUNTINGTON BEACH, CA 926488041 ELLIS AVENUEELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0111/20/2017MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC0Parking LevelsScheme EScale : 1" = 20'-0"10' 20' 40'P1 PARKING LEVEL - 53 STALLSP2 PARKING LEVEL - 53 STALLSA-512/20/17 REVISED PER 12-6-17 COMMENTS06/12/18 REVISED PER 2-12-18 COMMENTS11/16/18 REVISED PER 10-17-18 COMMENTS03/04/19 REVISED PER 12-26-18 COMMENTS178 PROPERTY LINE +/- 422'-0"PROPERTY LINE +/- 98.56'PROPERTY LINE +/- 422'-0"11RAMP UP9'-0"19'-0"29'-0" 19'-0"+/- 23'-6"DRIVEWAY30'-5"6'-9"112'-3"10% MAX.6'-3"F.4I.19'-0"26'-2"F.3ELEV. LOBBY11CLEANAIRCLEANAIR5'-0"91'-5" 14'-6"18'-5"58'-6"9'-0"(P) PROPERTY LINE ± 98.56'30' SETBACK LINE(E) PROPERTY LINE +/- 98.56'AA149'-5"5'-0"22'-2"43'-0"3'-0"5'-0"RESIDENTIAL BUILDING ABOVERAMP10% MAX.PLPARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLFIRST FLOOR0'-0" FFLPARKING LEVEL 3-30'-0" FFLPL5'-0"14'-7"5%10%5%-30'-0"-29'-9"-28'-4"-28'-1"5'-0"27'-4"27'-4"5'-0"65'-4"5%10%5%-28'-1"-27'-10"-21'-4"-21'-1"-18'-1"-17'-10"-11'-4"-11'-1"-8'-1"-7'-10"-0'-3"±0'-0"PARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLFIRST FLOOR0'-0" FFLPARKING LEVEL 3-30'-0" FFL22'-2"5'-0"5'-10"5'-0"5'-0"PL-21'-1"-20'-10"-20'-3"-20'-0"-11'-1"-10'-10"-10'-3"-10'-0"RESIDENTIAL BUILDING ABOVEPARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLFIRST FLOOR0'-0" FFLPARKING LEVEL 3-30'-0" FFLPL ±0'-0"5%10%5%NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE HUNTINGTON BEACH, CA 926488041 ELLIS AVENUEELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0111/20/2017MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC0Parking LevelsScheme EScale : 1" = 20'-0"10' 20' 40'P3 PARKING LEVEL - 22 STALLSA-612/20/17 REVISED PER 12-6-17 COMMENTS06/12/18 REVISED PER 2-12-18 COMMENTSSECTION A-A11/16/18 REVISED PER 10-17-18 COMMENTSSECTION B-BSECTION C-C03/04/19 REVISED PER 12-26-18 COMMENTS179 180 2ND FLOOR LEVEL10'-0" FFL3RD FLOOR LEVEL20'-0" FFLROOF DECK LEVEL30'-0" FFLROOF40'-0" FFLELLIS AVENUEPL PLPARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLSTREET LEVEL0'-0" FFLPARKING LEVEL 3-30'-0" FFLFRONTYARD SETBACKROOF46'-0" FFL(HIGHEST FEATURE)B.O. RETAIL CEILING14'-0" FFL2ND FLOOR LEVEL10'-0" FFL3RD FLOOR LEVEL20'-0" FFLROOF DECK LEVEL30'-0" FFLROOF40'-0" FFLELLIS AVENUEPL PL STREET LEVEL0'-0" FFLPARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLPARKING LEVEL 3-30'-0" FFLROOF46'-0" FFL(HIGHEST FEATURE)(RETAIL CEILING - SEE SHEET A-1)LADDER LOCATION ATRESCUE OPENINGS2ND FLOOR LEVEL10'-0" FFL3RD FLOOR LEVEL20'-0" FFLROOF DECK LEVEL30'-0" FFLROOF40'-0" FFLDRIVEWAYPLPARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLSTREET LEVEL0'-0" FFLPL 135°PARKING LEVEL 3-30'-0" FFLRETAILENTRANCEROOF46'-0" FFL(HIGHEST FEATURE)20'-0"10'-0" ADJACENT BLDGB.O. RETAIL CEILING14'-0" FFLDUAL KNOX BOX FORFIRE AND POLICE10'-0"2ND FLOOR LEVEL10'-0" FFL3RD FLOOR LEVEL20'-0" FFLROOF DECK LEVEL30'-0" FFLROOF40'-0" FFLPL PARKING LEVEL 1-10'-0" FFLPARKING LEVEL 2-20'-0" FFLSTREET LEVEL0'-0" FFLPL 135°PARKING LEVEL 3-30'-0" FFLROOF46'-0" FFL(HIGHEST FEATURE)(RETAIL CEILING - SEE SHEET A-1)20'-0"10'-0" ADJACENT BLDG 2"4"CALCULATION AREA - 100%OPEN AREA - 33%RETAILENTRANCECALCULATED AREA 2068 SF (100%)135 SF45 SF18 SF54 SF108 SF98 SFGLAZING AREA 458 SF (22.1%)15'-0"NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CA17.359.0108/22/2018MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC0CONCEPTUAL ELEVATIONSScheme EScale : 1/16" = 1'-0"8' 16' 32'EAST ELEVATIONWEST ELEVATIONSOUTH ELEVATIONNORTH ELEVATIONHUNTINGTON BEACH, CA 926488041 ELLIS AVENUEA-7RAILING DETAILN.T.S.SOUTH ELEVATIONGLAZING AREA DIAGRAM09/11/18 REV. PER CLIENT COMMENTS/LC11/16/18 REVISED PER 10-17-18 COMMENTS03/04/19 REVISED PER 12-26-18 COMMENTS04/16/19 CITY COMMENTS REVISION181 135°RETAILENTRANCEB.O. RETAIL CEILING14'-0" FFLDUAL KNOX BOX FOR10'-0"30' SETBACK LINENOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CA17.359.0108/22/2018MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC0BUILDING OFFSET/NOTCHES STUDYScheme EScale : 1/16" = 1'-0"8' 16' 32'EAST ELEVATIONSOUTH ELEVATIONHUNTINGTON BEACH, CA 926488041 ELLIS AVENUEA-806/12/18 REVISED PER 2-12-18 COMMENTS09/11/18 REV. PER CLIENT COMMENTS/LC168'-4"16'-3"(100% HORISONTAL FACE SEGMENT)(10% OFFSET)5'-7"5'-0"9'-10"3'PARTIAL FLOOR PLAN PARTIAL FLOOR PLAN (NOTCH)(NOTCH)11/16/18 REVISED PER 10-17-18 COMMENTS03/04/19 REVISED PER 12-26-18 COMMENTS182 RESULTING BUILDING ELEVATIONHEIGHT (±46'-0")LENGTH (±54'-0")BUILDING ENVELOPEPRIMARY VOLUMESINTRODUCE OTHER SUB VOLUMESBUILDING MASSING PROPORTION 11'-0"46'-0" 34'-0" 23'-0"11'-0"14'-0"34'-0"12'-0"54'-0"29'-0"40'-0"RETAILENTRANCEHEIGHT (±46'-0")LENGTH (±372'-0")BUILDING ENVELOPEPRIMARY VOLUMES173'-0"46'-0" 33'-0"114'-0"RATIO = 1:5RATIO = 1:3.5PASEO145'-0"RATIO = 2.7:1 103'-0"RATIO = 2.7:1 RATIO = 1:3RATIO = 1:2.217'-0"17'-0"RESULTING BUILDING ELEVATIONINTRODUCE OTHER SUB VOLUMES33'-6"10'-6"27'-9"139'-8"98'-1"96'-0"9'-10"23'-6"36'-4"31'-7"16'-2"16'-2"7'-7"28'-7"16'-2"12'-8"12'-8"10'-6"7'-7"30'-10" 30'-10"30'-10" 34'-6" 34'-6"NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CA17.359.0108/22/2018MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCEAST ELEVATIONSOUTH ELEVATIONHUNTINGTON BEACH, CA 926488041 ELLIS AVENUEA-1012/20/17 REVISED PER 12-6-17 COMMENTS06/12/18 REVISED PER 2-12-18 COMMENTSBUILDING MASSING PROPORTIONSScheme EN.T.S.11/16/18 REVISED PER 10-17-18 COMMENTS03/04/19 REVISED PER 12-26-18 COMMENTS183 ELLIS AVE PLAZA: Public Space2,703 S.F.(SEE LANDSCAPEPLANS FOR DESIGN)69'-7"30'-0"48'-3"UNIT 1APLAZAPublic Space2,703 S.F.Common Lobby Type Private Frontage(P) PROPERTY LINE ± 98.56'UNIT 1F(AHU)Retail Space±891 SF9'-6"(E) PROPERTY LINE ± 98.56'30' SETBACK LINE3'-0"4'-8"13'-0"PRIVATEBALCONYSPACE - 61 S.F.LIVING ROOMBEDROOMKITCHENBATH ROOM27'-1"16'-7"10'-1"3'-7"15'-5"2'-9"5'-0"9'-7"9'-0"23'-3"10'-7"PRIVATEBALCONYSPACE - 60 S.F.5'-8"6'-6"5'-2"PRIVATEBALCONYSPACE - 33 S.F.23'-1" 5'-6"9'-11"2'-9"5'-0"36'-10"3'-7"16'-2"9'-7"3'-0"5'-0"BEDROOMBEDROOMBATH ROOMBATH ROOMKITCHENLIVING ROOMJGROOF DECKPRIVATE OPEN SPACE1,773 S.F.FBTRASH PRIVATE PATIOPRIVATE PATIOPRIVATE PATIOPRIVATE PATIOROOF DECKPRIVATE OPEN SPACE1,508 S.F.NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0110/31/2017MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCHUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0PUBLIC &PRIVATE SPACE PLANSScale : 1/8" = 1'-0"4' 8' 16'A-1112/20/17 REVISED PER 12-6-17 COMMENTSPUBLIC OPEN SPACETYPICAL PRIVATE SPACE - SINGLE BEDROOM UNITTYPICAL PRIVATE SPACE - TWO BEDROOM UNIT06/12/18 REVISED PER 2-12-18 COMMENTSPUBLIC OPEN SPACE CALCULATION:50 SF X 48 UNITS = 2,400 SF REQUIRED891 SF RETAIL / 1,000 SF = 0.891 X 50 SF = 44.55 SF REQUIRED = 2,445.55 SF REQUIRED TOTAL OF 2,703 SF PROVIDEDPRIVATE SPACE CALCULATION:60 SF PER UNIT X 48 UNITS = 2,880 SF REQUIRED61 SF PER 1 BEDROOM X 4 UNITS = 244 SF PROVIDED93 SF PER 2 BEDROOM X 42 UNITS = 3,306 SF PROVIDEDROOF DECK PRIVATE OPEN SPACE = 3,281 SF PROVIDED TOTAL OF 6,831 SF PROVIDEDFIRST FLOOR UNITS ARE NOT INCLUDED IN THE ABOVE CALCULATION.ROOF DECK SPACE TO BE USED IN LIEU OF FIRST FLOOR SPACEBEING NON-COMPLIANT.11/16/18 REVISED PER 10-17-18 COMMENTSROOF DECK PRIVATE OPEN SPACE03/04/19 REVISED PER 12-26-18 COMMENTS184 NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0110/31/2017MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCHUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0ZONINGCONFORMANCE MATRIXScale : NONE10' 20' 40'ZONING CONFORMANCE MATRIXSUBJECTCODE SECTIONREQUIREDPROPOSEDBUILDING USE TYPES2.2.1RETAIL/COMMERCIAL AT GROUND LEVELRETAIL PROVIDEDAFFORDABLE HOUSING 2.2.3MINIMUM 10% OF UNITS TO BE AFFORDABLE HOUSING UNITS5 UNITS PROVIDEDBUILDING MASSING2.3.5MASSING TO BE 1L:3H OR 3L:1HSEE PLANS FOR NOTCH, OFFSET AND ELEVATIONS FORMASSING MODELPARKING2.7.1.13125128LANDSCAPING232.08008% MIN.22%BUILDING HEIGHT 2:03:01 AMMIN. 2 STORY/MAX. 4 STORY4-STORIESPRIVATE FRONTAGETYPES2.4.2PROVIDE TYPE OF FRONTAGECOMMON LOBBYSETBACKS2.4.3 FRONT30'-0"30'-0"2.4.3 UPPERSTORY10' MIN.10'-0"2.4.4 SIDE10'-0" W/WINDOWS10'-0"2.4.5 REAR10'-0"10'-0"FRONTAGE2.4.790% MAX.54.79%IMPROVEMENTS TOEXISTING STREETS2.5.1PROVIDE NEIGHBORHOOD STREETS DESIGNSEE SITE/GROUND LEVEL PLANOPEN SPACE2.6.150 S.F./UNIT - 2,400 S.F.PLAZA = 2, 703 S.F.PRIVATE OPEN SPACE2.6.360 S.F./UNIT - 2,880 S.F.6,831 S.F.PUBLIC OPEN SPACETYPE2.6.4PROVIDE TYPE OF PUBLIC OPEN SPACEPLAZA - SEE STREET/GROUND LEVEL PLANPRIVATE OPEN SPACETYPES2.6.5PROVIDE TYPE OF PRIVATE OPEN SPACE PRIVATE YARD - SEE PLANSOPEN SPACELANDSCAPING2.6.8PROVIDE DETAILED INFORMATION REGARDING LANDSCAPINGSEE LANDSCAPE PLANSSETBACK AREALANDSCAPING2.6.9PROVIDE DETAILED INFORMATION REGARDING LANDSCAPINGSEE LANDSCAPE PLANSPARKING SPACEDIMENSIONSHBZSO 231.14 STALL STRIPING TO BE AS DEPICTED IN DIAGRAM "A"SEE PARKING LEVEL PLANSPARKING DESIGNSTANDARDSHBZSO 231.18 PROVIDE VEHICLE TURNAROUND SPACE AT DEAD END AISLESSEE PARKING LEVEL PLANS - 3' WIDE X 25' LONG SPACEPROVIDEDBICYCLE PARKING HBZSO 231.20ONE BIKE RACK PER 4 UNITS AND ONE FOR EVERY 25 PARKINGSTALLS - 3 MINIMUM20 PROVIDED - SEE PARKING PLANS.GENERAL PARKING2.7.3DRIVEWAYS TO BE SETBACK 5' MIN. FROM ADJOININGPROPERTY.SEE STREET/GROUND LEVEL PLAN.PARKING DESIGNSTANDARDHBZSO 231.18 PROVIDE MIN. 25' TURN RADIUS FOR DRIVEWAYS INTO GARAGE TURN RADIUS ADDED TO PARKING LEVEL PLANSFACADE HEIGHTARTICULATION2.8.1INCORPORATE ARTICULATION INTO BASE AND TOP ELEMENTSWINDOW/STOREFRONTS & PLASTER REVEALS AT BASEPROVIDE PEDESTRIAN SCALE. CORNICE PROVIDES TOPARTICULATION.ARCHITECTURALELEMENTSREGULATIONS2.8.2PROVIDE INFO REGARDING FACADE COMPOSITION,ENTRANCES, ROOF EQUIPMENT AND SCREENING.FACADE REVISED TO ADD GLAZING FOR MIN. 20% COMPLIANCE,REVISED SOUTH ELEVATION TO REFLECT RETAIL MAIN ENTRY,MECHANICAL EQUIPMENT TO BE WITHIN ATTIC SPACES NOTROOF MOUNTED - ONLY VENT FANS/PLUMBING VENTS ON ROOFWHICH WILL BE SCREENED FROM VIEW.ARCHITECTURALELEMENTSREGULATIONS2.8.2TRASH/RECYCLE ENCLOSURESTRASH/RECYCLE ROOM ADDED ON MAIN FLOOR WITHOVERHEAD DOOR FOR BIN DUMPING AND CHUTE PROVIDEDFOR RESIDENTSREFUSE STORAGEAREASHBZSO 230.78REFUSE STORAGE AREASTRASH/RECYCLE ROOM ADDED ON MAIN FLOOR WITHOVERHEAD DOOR FOR BIN DUMPINGSCREENING OFMECHANICALEQUIPMENTHBZSO 230.76UTILITY METERS & BACKFLOW DEVICES 2" OR SMALLER SHALLBE SETBACK 5' MIN. FROM PROPERTY LINE, OR 10' FOR DEVICESLARGER THAN 2" AND SHALL BE SCREENED FROM VIEW.ADDED NOTE/LOCATION ON GROUND FLOOR PLAN ANDLANDSCAPE SCREENING ADDED ON LANDSCAPE PLANS.12/20/17 ADDED THIS SHEET06/12/18 REVISED PER 2-12-18 COMMENTSA-12185 LANDCADD 1987 LANDCADD 1987 LANDCADD 1987 LANDCADD 1987 PROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56'PROPERTY LINE ± 422'-0" LANDCADD 1987 NOTE: This information is conceptual in nature and is subject to adjustments pending further verification and Client, Tenant, and Governmental Agency approvals. No warranties or guaranties of any kind are given or implied by the Architect. DATE: MCG JOB #: REVISIONSDATE ELLIS AVENUE CONDOS HUNTINGTON BEACH, CA N13.177.01 02/28/2019 MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC 0 PRELIMINARY PLAN Scale : 1/16" = 1'-0" 8' 16' 32' STREET LEVEL Add public open space per City Requirement8-20-14 Only-Apt to Condo name change/Client request10-22-14 DECORATIVE ENTRY CONCRETE PAVING RAISED ROUND CONCRETE PLANTERS WITH PALM PLANTINGS ELLIS AVENUESite plan changes1-5-18 UTILITIES SCREENING SHRUBS PUBLIC PLAZA FURNITURE PUBLIC PLAZA POTTED PATIO PLANTS Wa! JOB #:14037 186 187 188 189 190 191 192 193 BECSP Residential Projects – Completed 5/2019 1. Name: Avalon (3.8 acres/mixed use) Address: 7302-7400 Center Avenue # Units: 378 units 2. Name: Boardwalk (12.5 acres/mixed use) Address: 7441 Edinger Ave. # Units: 487 units 3. Name: Luce (8.5 acres/MFR) Address: 7262, 7266, 7280 Edinger Ave. 16001, 17091 Gothard Street # Units: 510 units 4. Name: Oceana (2 acres/MFR) Address: 18151 Beach Blvd. # Units: 78 units 5. Name: Elan (2.7 acres/mixed use) Address: 18502, 18508-18552 Beach Blvd. # Units: 274 units 6. Name: Beach & Ocean (3.2 acres/MFR) Address: 19891 Beach Blvd. # Units: 173 units Total Residential Units – 1,900 NTS 194 HALLWAYHALLWAYPROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56' (E) PROPERTY LINE ± 98.56'BRIDGEOPEN14' RETAILCEILINGBELOWUNIT 2MUNIT 2NUNIT 2LUNIT 2BUNIT 2CUNIT 2FUNIT 2GUNIT 2JUNIT 2KUNIT 2PUNIT 2DUNIT 2HUNIT 2APROPERTY LINE ± 422'-0"STAIRSELEV.LOBBYFITNESSROOMTRASH UNIT 2EPLANTER POTSON BRIDGE PATH(P) PROPERTY LINE ± 98.56'30' SETBACK LINE TRASH CHUTEFOR TENANTSTYP. PER FLOORUNIT 1HUNIT 1JHALLWAYHALLWAY24'-0" WIDE DRIVEWAYSIDEWALKELLIS AVE PROPERTY LINE ± 422'-0"PROPERTY LINE ± 98.56'PROPERTY LINE ± 422'-0"SIDEWALK UNIT 1CUNIT 1LUNIT 1MMULTI PURPOSE ROOMMULTI PURPOSE ROOMSCREENED AREA FORCONDENSORS,METERS & BACKFLOWSNEW DRIVE APPROACH -SEE CIVIL PLANSWALL MOUNTED LEDSITE LIGHTING - 9'HIGHUNIT 1EUNIT 1APLAZAPublic Space2,703 S.F.Common Lobby Type Private FrontageSIDEWALK(P) PROPERTY LINE ± 98.56'DEDICATION UNIT 1KUNIT 1GUNIT 1FRetail Space±891 SFREFUSE/RECYCLE ROOMUTILITY AREASTAIRSELEV.LOBBYSEELANDSCAPEPLANS FORDESIGNROLL-UP GARAGE DOORSHALL BE RECESSED AMIN. OF 12" FROM FACEOF WALLTRASH 10' HIGH CMU WALL6' HIGHSCREENWALLGAS METERS(E) PROPERTY LINE ± 98.56'12'-14' HIGHDECORATIVEST. LIGHT, TYP.TO MATCH (E)FIXTURESACROSSELLIS AVE.FIRE STAND PIPETO BE USED IN LIEUOF HOSE PULLREQUIREMENT -ALTERNATIVEMEANS/METHOD PERFIRE CODE SEC. 104.9NO PARKING ALLOWEDALONG FIRE CURB, TYP.Common Lobby Type Private Frontage DECORATIVECONCRETE AT GRADE30' SETBACK LINE(N) FIREHYDRANTRAMP DOWN(NO FIRE TRUCKACCESS DOWN RAMP)FIRE TRUCKTURNABOUTLADDER PADLOCATION ATRESCUE OPENINGSUNIT 1BUNIT 1DAANO PARKINGALLOWED ALONGFIRE CURB, TYP.150'150'150'TYPICAL FIRE HOSE MAXIIMUM DISTANCE OF 150'PROPOSED RAMP & STAIRACCESS W/42" HIGH MAX.RAILINGS+0.0'+2.0'+0.0'+1.4'+2.0'NEW RAILINGS 42" MAX.ABOVE FINISHED GRADENOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE ELLIS AVENUE CONDOSHUNTINGTON BEACH, CAN17.359.0104/02/2019MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDCSTREET LEVELSITE SUMMARYLAND:41,210 S.F. 0.955 ACOCCUPANCY:R-2/MSTREET LEVEL12 UNITS2ND TO 3RD LEVEL29 UNITSROOF DECK LEVEL 7 UNITS48 UNITSNUMBER OF UNITS STREET LEVEL15,578 SFFLOOR AREA:SECOND LEVEL17,470 SFTHIRD LEVEL17,470 SFROOF DECK LEVEL 6,810 SFTOTAL FLOOR AREA57,328 SFTOTAL PARKING AREA64,296 SFPARKING AREA:2 ND FLOOR PLANPARKING LEVEL 1 26,751 SFPARKING LEVEL 2HUNTINGTON BEACH, CA 926488041 ELLIS AVENUE0SITE PLAN &FIRST & SECOND FLOOR PLANSScale : 1" = 20'-0"10' 20' 40'APN:157-341-04, 07 & 08ZONING:BEACH-EDINGER SPECIFIC PLAN - SP-14OWNERTHDT INVESTMENTS1307 W. 6TH ST. #202CORONA, CA 92882951.543.8665SALIMTHEONE@YAHOO.COMAPPLICANTMCG ARCHITECTURE/JEFF HERBST111 PACIFICA, #280IRVINE, CA 92618949.553.1117JHERBST@MCGARCHITECTURE.COMLEGAL DESCRIPTIONTRACT 7157, IN BOOK 157, PAGE 34 OF ORANGECOUNTY ASSESSORS OFFICE.TOTAL UNITS* AHU = AFFORDABLE HOUSING UNIT. 4.8- UNITSREQUIRED. DEVELOPER WILL BE PROVIDING 5UNITS.PARKING LEVEL 310,794 SF26,751 SFA-2CONSTRUCTION TYPE:III-ABUILDING:66,511 S.F.03/04/19 REVISED PER 12-26-18 COMMENTS04/16/19 CITY COMMENTS REVISION04/2919 REVISED # OF AHU'S05/01/19 REVISED AHU'S TO 5 TOTAL195 Accident Rates Before and After Elan Development Location Accident Rate Before Accident Rate After Elan Development Elan Development Beach Blvd/Ellis Ave* 0.68 0.62 Ellis Ave/Patterson Ln* 0.11 0.15 Beach Blvd (Ellis Ave - Graziadio Dr)** 7.5 6.4 Ellis Ave (Beach Blvd - Goodwin Ln)** 12.7 12.4 *intersection accident rate per million entering vehicles **street segment accident rate per million vehicle miles traveled Before rates calculated based on 3 years of data prior to development After rates calculated based on 3 years of data after development   196 Project Trip Generation Compared to Elan Development Ellis Condo Project Trip Generation: Elan Development Trip Generation: Daily Trips - 351 Daily Trips - 1,822 AM Peak Hour Trips - 22 AM Peak Hour Trips - 140 PM Peak Hour Trip - 27 PM Peak Hour Trip - 169  197   Intersection Level-of- Service (LOS) Analysis* Intersection Existing AM Peak Hour LOS* Existing PM Peak Hour LOS* Acceptable LOS per City Policy Volume/Capacity Ratio Remaining at Acceptable LOS (D) with Project (AM Peak Hour/ PM Peak Hour) Beach Boulevard / Talbert Avenue B D D 0.31 / 0.10 Beach Boulevard / Garfield Avenue B C D 0.25 / 0.18 Beach Boulevard / Ellis Avenue A B D 0.37 / 0.29 * Intersection Capacity Utilization Methodology (ICU) 198 ℄ 199 200 201 202 203 Ellis Condos204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 1 Aube, Nicolle From:Pamela Mccay <pmccay85@gmail.com> Sent:Friday, May 17, 2019 2:19 PM To:Aube, Nicolle Subject:Ellis Ave Condos Hi Nicolle, I will unfortunately not be able to make it to the city council meeting as I am a nightshift RN and work that night. I'm hoping that my email is as sufficient at voicing my concerns for this complex. I am born and raised in Huntington Beach and I currently live at 18311 Patterson Ave, #2.This is my third time living on this street in the last ten years and I have currently been in my apartment for 4 years. My neighborhood, which is directly behind this proposed site, already has horrendous parking due to the entire neighborhood being fourplexes. We have been having a problem with Elan parking on our street because they do not want to pay for the monthly parking fee to park there on top of their astronomical rent. I have actually spoken to residents while they park in front of my house. They also told me that they tell their guest to park on our street as well. We see people every day walking to and from their cars and Elan. (And no, they are not using the crosswalk on beach) I have been petitioning to get our neighborhood permit parking and all of the residents are in favor of this. On top of the terrible parking, getting in and out of the neighborhood is horrendous. I can't even come out on my own street because the traffic is often backed up all the way to the next exit. Sometimes I can't even get out on that street (Goodwin). This intersection is already a dangerous area and I was almost t- boned coming into my tract on Monday morning on my way home from work. Adding even more traffic and congestion to this intersection will be a disservice to the city and increase the amount of accidents that already occur here. I personally know someone who was side swiped due to someone making a left turn out of the DK/jack in the box parking lot, which is I'm sure the proposed driveway for this complex. I know these complexes are all about making money for the developers, who have already greased the palms of numerous council members to push this through. Our residents do not want this! Most of these complexes have rent so high that most people can't even afford it. I really hope this email helps keep this eye sore off this corner and keep traffic and accidents to a minimum and safety as the highest priority. Thank you for your time, Pamela McCay, BSN, RN 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 City of Huntington Beach File #:19-666 MEETING DATE:6/11/2019 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Ursula Luna-Reynosa, Community Development Director BY:Nicolle Aube, AICP, Associate Planner SUBJECT: TENTATIVE TRACT MAP NO. 18157/CONDITIONAL USE PERMIT NO. 17-042 (ELLIS AVE. CONDOS) REQUEST: To permit a one-lot subdivision and development of a four-story mixed-use building including 48 new condominium residences with 891 square feet of commercial space and three levels of subterranean parking and find the project exempt from CEQA. LOCATION: 8041 Ellis Avenue (North side of Ellis Ave., between Beach Blvd. and Patterson Ln.) APPLICANT: Jeff Herbst, MCG Architecture, 111 Pacifica, Suite 280, Irvine, CA 92618 PROPERTY OWNER: Tahir Salim, THDT Investment, Inc., 1307 W. 6th Street, Suite 202, Corona, CA 92882 BUSINESS OWNER: N/A STATEMENT OF ISSUE: 1. Is the project proposal consistent with the City of Huntington Beach’s adopted land use regulations (i.e. General Plan, Zoning Map and Zoning Code including the Beach and Edinger City of Huntington Beach Printed on 6/6/2019Page 1 of 5 powered by Legistar™266 File #:19-666 MEETING DATE:6/11/2019 Corridors Specific Plan)? 2. Does the project satisfy all the findings required for approval of a Tentative Tract Map and Conditional Use Permit? RECOMMENDATION: That the Planning Commission take the following action: A) Consider the suggested findings for denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 as directed by the Planning Commission on May 28, 2019. PROJECT PROPOSAL: Background: On May 28, 2019, the Planning Commission held a public hearing and considered the project proposal to consolidate three parcels for a one-lot condominium map and development of a 48 unit mixed-use project as described in the May 28, 2019 staff report (Attachment No. 2). The requested permits to allow such development included 1) Tentative Tract Map No. 18157 and 2) Conditional Use Permit No. 17-042. The Planning Commission held a public hearing, considered public testimony, deliberated on the project and expressed concerns related to the required findings, and directed staff to return with suggested findings for denial at the next regularly scheduled meeting of the Planning Commission scheduled for June 11, 2019 (Attachment No. 1). Tentative Tract Map: Per Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 251.08(F), the Planning Commission shall deny approval of a tentative subdivision map if it determines that approval will result in any of the conditions as described in Government Code Section 66474. The conditions described in Government Code Section 66474 are as follows: (a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvement are likely to cause substantial environmental damage and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the proposed improvements are likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. After considering public testimony the Planning Commission discussed the project and expressed concerns relating to conditions (b), (c), and (d) listed above. In particular, the Planning Commission expressed concerns that approval of the project would result in the following conditions for the reasons specified: ·Approval of the project would result in a design of the proposed subdivision that is not City of Huntington Beach Printed on 6/6/2019Page 2 of 5 powered by Legistar™267 File #:19-666 MEETING DATE:6/11/2019 ·Approval of the project would result in a design of the proposed subdivision that is not consistent with the General Plan and Beach and Edinger Corridors Specific Plan (BECSP) in that the project design fails to further a number of goals and policies contained within the General Plan and BECSP. More particular detail and analysis is contained below. ·Approval of the project would result in a site that is not physically suitable for the type of development in that the site will not function as an integrated development compatible with the vision of the BECSP by merging three existing lots into a single long and narrow 0.95 acre parcel. The long and narrow parcel is not physically suitable for the proposed mass, bulk, and intensity of the proposed four story mixed use project and does not complement the scale and proportion of surrounding one and two-story developments. The project will generate conflicts with vehicular circulation on Ellis Ave. and there will be no connectivity for bicyclists to continue onto Beach Blvd. ·Approval of the project would result in a site that is not physically suitable for the proposed density of development in that the proposed project results in a density of approximately 50 dwelling units per acre while the adjacent residential property is built at an aggregate density of 13 dwelling units per acre. The proposed project does not further the following General Plan and BECSP goals and policies: 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. Policy LU-1D:Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Goal LU-3:Neighborhoods and attractions are connected and accessible to all residents, employees, and visitors. Policy LU-3A:Ensure that future development and reuse projects are consistent with the Land Use Map to provide connections between existing neighborhoods and city attractions. Policy LU-3C: Ensure connections are well maintained and safe for users. Circulation Element Goal CIRC-1c:Through ongoing evaluation of jurisdiction, efficient transportation management provides the highest level of safety, service and resources. Policy CIRC-1F:Require development projects to provide circulation improvements to achieve stated City goals and to mitigate to the maximum extent feasible traffic impacts to adjacent land uses and neighborhoods as well as vehicular conflicts related to the project. Policy CIRC - 1G: Limit driveway access points, require driveways to be wide enough to accommodate traffic flow from and to arterial roadways, and establish mechanisms to consolidate driveways where feasible and necessary to minimize impacts to the smooth, City of Huntington Beach Printed on 6/6/2019Page 3 of 5 powered by Legistar™268 File #:19-666 MEETING DATE:6/11/2019 efficient, and controlled flow of vehicles, bicycles, and pedestrians. The proposed lot consolidation, subdivision, design and improvement is not consistent with the above goals and policies of the General Plan or the BECSP because the infill project is not compatible in density, intensity, proportion, scale, and character with the surrounding land uses and does not complement the adjoining uses in that the proposed four story mixed use development is significantly more intense than the adjacent one-story commercial and two- story multi-family residential developments. The BECSP encourages buildings to orient towards streets and provide enhancements to the pedestrian and public experience. However, in the proposed project, approximately five percent of the building length is oriented towards Ellis Ave. while the remainder is oriented to the established residences to the east and commercial uses to the west. Further, the project architectural design and scale is not compatible with the vision of the BECSP. The adjacent properties will be impacted by the height and massing of the proposed project. The length and height of the proposed building is not compatible with the long, narrow characteristics of the 0.95 acre site because it is too bulky and too intense for the available land area. The project does not support the vibrant commercial corridor envisioned in the BECSP Five Points District because only one and a half percent (1.5%) of the total square footage of the project is allocated to commercial use. The proposed project does not create continuity with new and existing development along the Beach Boulevard corridor because the project does not propose to augment or expand the existing bikeways. Furthermore, ingress and egress to the project site generates conflicts with the flow of traffic on Ellis Ave. There is no access or connectivity to the project site from Beach Blvd and insufficient vehicular access is provided via a single driveway along Ellis Avenue. Motorists exiting the project site will be unable to safely turn left onto Ellis Ave. from the driveway and motorists entering the project site from eastbound Ellis Ave. will be unable to turn left into the project site due to congestion and narrow roadway widths. Residents and visitors cannot directly access the project site from eastbound Ellis Ave. and must continue past the project to Patterson Ln. to make a U-Turn on Ellis Ave., resulting in inefficient vehicular movements. Additionally, even though motorists will be required to exit the project via a right hand turn onto Ellis Ave., motorists who do not abide by this restriction may create vehicular hazards and conflicts due to frequent congestion and queuing on Ellis Ave. Per Section 251.08(F) of the HBZSO if the Planning Commission determines that any of the conditions listed in Government Code Section 66474 (and listed in this staff report for reference) would result as a consequence of approval of the project, the Planning Commission shall deny approval of the tentative subdivision map. These findings are reflected in Attachment No. 1. Conditional Use Permit: Per HBZSO Section 241.10, related to required findings for conditional use permits and variances, subsection C requires the Planning Commission to deny a conditional use permit if it cannot make all of the required findings under subsection A, which are as follows: 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. City of Huntington Beach Printed on 6/6/2019Page 4 of 5 powered by Legistar™269 File #:19-666 MEETING DATE:6/11/2019 2. The granting of the conditional use permit will not adversely affect the General Plan. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 and any specific condition required for the proposed use in the district in which it would be located. After considering public testimony the Planning Commission discussed the project and expressed concerns relating to finding 3 listed above. In particular, the Planning Commission expressed concerns that the project does not further the vision of the Town Center Neighborhood Segment of the BECSP, which envisions a vibrant commercial corridor within the Five Points District of the BECSP. The proposed project is located within the Five Points District and does not further a vibrant commercial corridor because only one and a half percent (1.5%) of the total square footage of the project is allocated to commercial use, there is insufficient vehicular ingress and egress to the site, and the project proposes marginal public open space that does not contribute to the BECSP’s vision of walkability and pedestrian connections between public and private property. Per Section 241.10, subsection C of the HBZSO, if the Planning Commission cannot make all of the required findings under subsection A (listed in this staff report for reference) the Planning Commission is required to deny the conditional use permit. These findings are reflected in Attachment No. 1. ATTACHMENTS: 1.Suggested Findings for Denial of TTM No. 18157 and CUP No. 17-042 2. May 28, 2019 Planning Commission Staff Report City of Huntington Beach Printed on 6/6/2019Page 5 of 5 powered by Legistar™270 SUGGESTED FINDINGS FOR DENIAL TENTATIVE TRACT MAP NO. 18157 CONDITIONAL USE PERMIT NO. 17-042 SUGGESTED FINDINGS FOR DENIAL - TENTATIVE TRACT MAP NO. 18157: The Planning Commission finds and determines that certain conditions (b), (c) and (d) listed in Government Code Section 66474 would result as a consequence of approval of Tentative Tract Map No. 18157, for reasons more particularly described herein: 1. Approval of the project would result in a design of the proposed subdivision that is not consistent with the General Plan and Beach and Edinger Corridors Specific Plan (BECSP) in that the project design fails to further a number of goals and policies conta ined within the General Plan and BECSP. More particular detail and analysis is contained below. 2. Approval of the project would result in a site that is not physically suitable for the type of development in that the site will not function as an integrated development compatible with the vision of the BECSP by merging three existing lots into a single long and narrow 0.95 acre parcel. The long and narrow parcel is not physically suitable for the proposed mass, bulk, and intensity of the proposed four story mixed use project and does not complement the scale and proportion of surrounding one and two-story developments. The project will generate conflicts with vehicular circulation on Ellis Ave. and there will be no connectivity for bicyclists to continue onto Beach Blvd. 3. Approval of the project would result in a site that is not physically suitable for the proposed density of development in that the proposed project results in a density of approximately 50 dwelling units per acre while the adjacent residential property is built at an aggregate density of 13 dwelling units per acre. The design and improvement of proposed Tentative Tract Map No. 18157 does not further the goals and policies of the General Plan or the BECSP as follows: 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. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Goal LU-3: Neighborhoods and attractions are connected and accessible to all residents, employees, and visitors. Policy LU-3A: Ensure that future development and reuse projects are consistent with the Land Use Map to provide connections between existing neighborhoods and city attractions. Policy LU-3C: Ensure connections are well maintained and safe for users. 271 Circulation Element Goal CIRC-1c: Through ongoing evaluation of jurisdiction, efficient transportation management provides the highest level of safety, service and resources. Policy CIRC-1F: Require development projects to provide circulation improvements to achieve stated City goals and to mitigate to the maximum extent feasible traffic impacts to adjacent land uses and neighborhoods as well as vehicular conflicts related to the project. Policy CIRC – 1G: Limit driveway access points, require driveways to be wide enough to accommodate traffic flow from and to arterial roadways, and establish mechanisms to consolidate driveways where feasible and necessary to minimize impacts to the smooth, efficient, and controlled flow of vehicles, bicycles, and pedestrians. The proposed lot consolidation, subdivision, design and improvement is not consistent with the above goals and policies of the General Plan or the BECSP because the infill project is not compatible in density, intensity, proportion, scale, and character with the surrounding land uses and does not complement the adjoining uses in that the proposed four story mixed use development is significantly more intense than the adjacent one-story commercial and two-story multi-family residential developments. The BECSP encourages buildings to orient towards streets and provide enhancements to the pedestrian and public experience. However, in the proposed project, approximately five percent of the building length is oriented towards Ellis Ave. while the remainder is oriented to the established residences to the east and commercial uses to the west. Further, the project architectural design and scale is not compatible with the vision of the BECSP. The adjacent properties will be impacted by the height and massing of the proposed project. The length and height of the proposed building is not compatible with the long, narrow characteristics of the 0.95 acre site because it is too bulky and too intense for the available land area. The project does not support the vibrant commercial corridor envisioned in the BECSP Five Points District because only one and a half percent (1.5%) of the total square footage of the project is allocated to commercial use. The proposed project does not create continuity with new and existing development along the Beach Boulevard corridor because the project does not propose to augment or expand the existing bikeways. Furthermore, ingress and egress to the project site generates conflicts with the flow of traffic on Ellis Ave. There is no access or connectivity to t he project site from Beach Blvd and insufficient vehicular access is provided via a single driveway along Ellis Avenue. Motorists exiting the project site will be unable to safely turn left onto Ellis Ave. from the driveway and motorists entering the proj ect site from eastbound Ellis Ave. will be unable to turn left into the project site due to congestion and narrow roadway widths. Residents and visitors cannot directly access the project site from eastbound Ellis Ave. and must continue past the project to Patterson Ln. to make a U- Turn on Ellis Ave., resulting in inefficient vehicular movements. Additionally, even though motorists will be required to exit the project via a right hand turn onto Ellis Ave., motorists who do not abide by this restriction may create vehicular hazards and conflicts due to frequent congestion and queuing on Ellis Ave. 272 SUGGESTED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 17-042: The Planning Commission finds and determines that it is unable to make all of the required findings, contained in Section 241.10(A) of the HBZSO, for reasons more particularly described below: 1. Conditional Use Permit No. 17-042 for the development of a mixed-use building consisting of 48 condominium residences and 891 sf. of retail space will not comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 and any specific condition required for the proposed use in the district in which it would be located in that the project does not further the vision of the Town Center Neighborhood Segment of the BECSP, which envisions a vibrant commercial corridor within the Five Points District of the BECSP. The proposed project is located within the Five Points District and does not further a vibrant commercial corridor because only one and a half percent (1.5%) of the total square footage of the project is allocated to commercial use, there is insufficient vehicular ingress and egress to the site, and the project proposes marginal public open space that does not contribute to the BECSP’s vision of walkability and pedestrian connections between public and private property 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 1 Aube, Nicolle From:James, Jane Sent:Wednesday, July 24, 2019 1:11 PM To:Luna-Reynosa, Ursula; Villasenor, Jennifer; Aube, Nicolle Subject:FW: 🆕MyHB-#175843 City Council [06637] FYI    Jane James | Planning Manager   City of Huntington Beach  Department of Community Development  714.536.5596 | jjames@surfcity‐hb.org    From: Esparza, Patty <PEsparza@surfcity‐hb.org>   Sent: Wednesday, July 24, 2019 12:58 PM  To: James, Jane <jjames@surfcity‐hb.org>  Subject: FW: 🆕 MyHB‐#175843 City Council [06637]  Communication received on the Ellis Ave. condo project being appealed.    Patty Esparza, CMC Assistant City Clerk  City of Huntington Beach  2000 Main Street  Huntington Beach, CA  92648  (714) 536‐5260    From: MyHB <reply@mycivicapps.com>   Sent: Wednesday, July 24, 2019 11:10 AM  To: Estanislau, Robin <Robin.Estanislau@surfcity‐hb.org>; Switzer, Donna <Donna.Switzer@surfcity‐hb.org>; Esparza,  Patty <PEsparza@surfcity‐hb.org>  Subject: 🆕 MyHB‐#175843 City Council [06637]  MyHB Issue Type/Subtype Changed - #175843 Workorder #175843 Issue type changed from City Council to Agenda & Public Hearing Comments and subtype City Council Meeting. Status Change issue type Work Order #175843 Issue Type City Council 307 2 Subtype All Council Members Staff Member(s) Robin Estanislau,Donna Switzer,Patty Esparza Notes Mayor and City Council Members, I am urging you to deny the appeal of the Developers of Ellis Ave. Condos. Your Planning Commission denied their request to build these condos after a lengthy discussion of the many reasons this building is not a good fit nor intended to fit with the BECP. I am sure you are aware of the many issues why the Planning Commission denied their request. Issues such as entry and exit of the apartments, the shade study which the developers presented was found to be completely flawed, the "coffee shop" which does not fit with the intent of the BECP, just too big of a building for such a small narrow space. I could go on, but I think you are all aware of how this project is NOT a good fit for this area. In the event you have not driven down Ellis in the morning or afternoon, give it a try during "rush hour". Quite often westbound traffic is backed up to Goodwin Ln and sometimes as far back as Chapel Ln. To throw in an apartment entrance and exit on Ellis would do nothing but increase this traffic and subject the area to more accidents by people trying to make a U turn on Ellis to come back and make the "right turn only" entrance into this proposed building. As a long time resident of Huntington Beach, this is not a good idea. As I mentioned earlier, your Planning Commission denied the project by a 6-1 vote. I am asking you to deny the Developers appeal of this project. Thank you, Steve Farnsworth 18401 Goodwin Ln. Huntington Beach CA 92646 View the Report Reporter Name Steve Farnsworth Email hazmn54@gmail.com Phone 714-975-1038 Report Submitted JUL 23, 2019 - 5:01 PM Please do not change subject line when responding. 308   California Renters Legal Advocacy and Education Fund  1260 Mission St  San Francisco, CA 94103  hi@carlaef.org    7/19/2019    Huntington Beach City Council  2000 Main Street  Huntington Beach, CA 92648  Robin Estanislau, City Clerk, ​Robin.Estanislau@surfcity-hb.org​; Erik Peterson,  Mayor, ​erik.peterson@surfcity-hb.org​; Lyn Semeta, Mayor Pro Tempore,  Lyn.Semeta@surfcity-hb.org​; Patrick Brenden, Council Member,  Patrick.Brenden@surfcity-hb.org​; Kim Carr, Council Member,  Kim.Carr@surfcity-hb.org​; Barbara Delgleize, Council Member,  barbara.delgleize@surfcity-hb.org​; Jill Hardy, Council Member,  jill.hardy@surfcity-hb.org​; Mike Posey, Council Member,  mike.posey@surfcity-hb.org​;   Via Email    Re: 8041 Ellis Avenue  Case No. 19-545    Dear Huntington Beach City Council Members,    The California Renters Legal Advocacy and Education Fund (CaRLA) submits this            letter to inform you that the Huntington Beach City Council has an obligation to abide                by all relevant state housing laws when evaluating the above captioned proposal,             including the Housing Accountability Act.     California Government Code § 65589.5, the Housing Accountability Act, prohibits  localities from denying housing development projects that are compliant with the  locality’s Zoning Ordinance and General Plan at the time the application was deemed  complete, unless the locality can make findings that the proposed housing  development would be a threat to public health and safety. The most relevant section  is copied below:    (j) When a proposed housing development project complies with applicable,           objective general plan and zoning standards and criteria, including design           review standards, in effect at the time that the housing development project's             application is determined to be complete, but the local agency proposes to             disapprove the project or to approve it upon the condition that the project be               developed at a lower density, the local agency shall base its decision regarding                309   the proposed housing development project upon written findings supported by           substantial evidence on the record that both of the following conditions exist:    (1) The housing development project would have a specific, adverse           impact upon the public health or safety unless the project is disapproved             or approved upon the condition that the project be developed at a lower              density. As used in this paragraph, a "specific, adverse impact" means a             significant, quantifiable, direct, and unavoidable impact, based on         objective, identified written public health or safety standards, policies, or           conditions as they existed on the date the application was deemed            complete.    (2) There is no feasible method to satisfactorily mitigate or avoid the             adverse impact identified pursuant to paragraph (1), other than the           disapproval of the housing development project or the approval of the            project upon the condition that it be developed at a lower density.    The Applicant proposes to construct a 48-unit, 4-story mixed use building on a 0.95               acre site within the Beach and Edinger Corridor Specific Plan (SP 14).    The above captioned proposal is zoning compliant and general plan compliant,            therefore, your local agency must approve the application, or else make findings to              the effect that the proposed project would have an adverse impact on public health               and safety, as described above.     In their denial of the project, the Huntington Beach Planning Commission failed to              provide objective criteria that the project violates. Instead the Planning Commission            made subjective assertions about the project’s conformity with the Specific Plan (SP             14) that do not constitute valid conditions for denial and contradict the actual content               of the Specific Plan.    CaRLA is a 501(c)3 non-profit corporation whose mission is to restore a legal              environment in which California builds housing equal to its needs, which we pursue              through public impact litigation and providing educational programs to California city            officials and their staff.     Sincerely,      Sonja Trauss  Co-Executive Director  California Renters Legal Advocacy and Education Fund    California Renters Legal Advocacy and Education Fund - hi@carlaef.org  1260 Mission St, San Francisco, CA 94103  310     California Renters Legal Advocacy and Education Fund - hi@carlaef.org  1260 Mission St, San Francisco, CA 94103  311 312 313 314 1 Aube, Nicolle From:Tahir Salim <salimtheone@yahoo.com> Sent:Tuesday, August 06, 2019 2:53 PM To:Aube, Nicolle Cc:Scott Yorkison Subject:Continuance of the meeting Nicole,    Based on our conversation regarding 2 members being absent on the 19th, please move my hearing date to the  September 3rd.  Please confirm my email.    Thanks    Tahir    315 City of Huntington Beach File #:19-805 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve General Plan Amendment No. 2019-001 by adopting Resolution No. 2019-50, Zoning Map Amendment No. 2018-001 by approving for introduction Ordinance 4184, and Zoning Text Amendment No. 2018-002 by approving for introduction Ordinance 4183 (Gothard Property & Research and Technology Zoning) Statement of Issue: Transmitted for City Council consideration are requests to 1) amend the General Plan land use designation at the former County landfill on Gothard; 2) amend the Zoning Map in two industrial areas; and 3) establish a new Research and Technology zoning district. The proposed project will implement the 2017 General Plan Land Use Element’s introduction of the new Research and Technology (RT) land use designation. The Planning Commission approved the project with modifications on July 9, 2019. The Planning Commission and staff recommend approval of the proposed project with findings for approval and staff recommends one modification to the RT zoning standards. Financial Impact: No fiscal impact. Recommended Action: A) Approve General Plan Amendment No. 19-001 by adopting City Council Resolution No. 19-50, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 19-001.” (Attachment 1); and, B) Approve Zoning Map Amendment No. 18-001 with findings for approval and approving for introduction Ordinance No. 4184, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance by changing the zoning designation from IG (Industrial General), IL (Industrial Limited), or CG (Commercial General) to RT (Research and Technology) on real property located in two existing industrial areas herein referred to as the Gothard Street Corridor and Northwest Industrial Area (Zoning Map Amendment No. 18-001).” (Attachments 2 and 3); and, C) Approve Zoning Text Amendment No. 18-002 with findings for approval and approving for City of Huntington Beach Printed on 8/14/2019Page 1 of 9 powered by Legistar™316 File #:19-805 MEETING DATE:8/19/2019 introduction Ordinance No. 4183, “An Ordinance of the City of Huntington Beach amending Chapters 204 Use Classifications, 212 Industrial Districts, and 231 Off-Street Parking and Loading of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 18-002).” (Staff Recommended Action for public agency owned property) (Attachments 4 and 5); and, D) Consider and provide direction on Planning Commission Minute Action to update the City’s Urban Design Guidelines; and, E) Consider and provide direction on Planning Commission Minute Action to create a Broadband and Wireless Ad-Hoc Committee; and, F) Consider and provide direction on Planning Commission Minute Action to study implementation of public sidewalks in all Industrial districts. Alternative Action(s): The City Council may take alternative actions such as: A) Approve General Plan Amendment No. 19-001 by adopting City Council Resolution No. 19-50, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 19-001.” (Attachment 1), Approve Zoning Map Amendment No. 18-001 with findings for approval and approving for introduction Ordinance No. 4184, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance by changing the zoning designation from IG (Industrial General), IL (Industrial Limited), or CG (Commercial General) to RT (Research and Technology) on real property located in two existing industrial areas herein referred to as the Gothard Street Corridor and Northwest Industrial Area (Zoning Map Amendment No. 18-001).” (Attachments 2 and 3), and approve Zoning Text Amendment No. 18-002 with findings for approval and approving for introduction Ordinance No. 4183, “An Ordinance of the City of Huntington Beach amending Chapters 204 Use Classifications, 212 Industrial Districts, and 231 Off-Street Parking and Loading of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 18-002).” (Attachments 4 and 6) (PC Recommended Action); or B) Continue General Plan Amendment No. 19-001, Zoning Map Amendment No. 18-001, and Zoning Text Amendment No. 18-002 and direct staff accordingly; or C) Deny General Plan Amendment No. 19-001, Zoning Map Amendment No. 18-001, and Zoning Text Amendment No. 18-002. Analysis: A.PROJECT PROPOSAL: Applicant: City of Huntington Beach Property Owner: County of Orange and Multiple Various Property Owners City of Huntington Beach Printed on 8/14/2019Page 2 of 9 powered by Legistar™317 File #:19-805 MEETING DATE:8/19/2019 Location:GPA: Subject parcel (APN 111-071-37) is located on the west side of Gothard Street at Prodan Drive. ZMA/ZTA: Existing industrial areas along the Gothard Street corridor (from south of Edinger Avenue to Ellis Avenue), and within the northwest industrial areas, generally bordered by Bolsa Avenue, Springdale Street, Edinger Avenue, and Bolsa Chica Street. The following requests comprise the proposed project: General Plan Amendment (GPA) 19-001: To amend the land use designation of a County of Orange owned, 2.26-acre vacant parcel (Attachment No. 2): ·from current Open Space - Park (OS-P) ·to Research and Technology (RT) Zoning Map Amendment (ZMA) 18-001: To amend the Zoning Map designation in two existing areas (Attachment No. 3): ·from Industrial General (IG), Industrial Limited (IL), or Commercial General (CG) ·to Research and Technology (RT); and Zoning Text Amendment (ZTA) 18-002: To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish land use zoning and development standards for the new Research and Technology (RT) zoning district (Attachment No. 5). The proposed amendments are summarized as follows: Chapter 204 Use Classifications ·Establish two new Use Classifications: o RT Flex o Alcoholic Beverage Manufacturing Chapter 212 Industrial Districts ·Increase allowable by-right office space from 10% to 30% ·Establish Alcoholic Beverage Manufacturing requirements ·Update automobile storage provisions ·Permit RT Flex uses by-right ·Performance Standards to minimize impacts to adjacent and surrounding uses ·Additional minor code revisions and corrections to facilitate recommended RT standards Chapter 231 Off-Street Parking and Loading ·Identify new office and flex parking ratios consistent with Chapter 212 amendments City of Huntington Beach Printed on 8/14/2019Page 3 of 9 powered by Legistar™318 File #:19-805 MEETING DATE:8/19/2019 The proposed legislative drafts of HBZSO Chapters 204 Use Classifications, 212 Industrial Districts, and 231 Off-Street Parking and Loading as modified by the Planning Commission are included as Exhibits A, B, and C of Attachment No. 5. B.BACKGROUND: The 2017 comprehensive update of the General Plan included a Land Use Element that introduced a new Research and Technology land use designation. The RT land use designation allows a maximum Floor Area Ratio of 1.0 and intends to permit a wide variety of nonresidential mixed-use development in existing industrial areas along the Gothard Street corridor (from south of Edinger Avenue to Ellis Avenue) and within the northwest industrial areas (bordered by Bolsa Avenue, Springdale Street, Edinger Avenue, and Bolsa Chica Street). The proposed project requests will result in a change in the land use designation upon a single parcel on the General Plan Land Use Map, the amendment of the corresponding Zoning Map to reflect all new RT land use designations, and the establishment of land use controls and development standards for the RT zoning district in the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) in order to implement the RT land use designation as prescribed by the General Plan Land Use Element. The General Plan Amendment request was added during the background analysis portion of the project, when staff was contacted by the County of Orange regarding a potential future use on their property located on the west side of Gothard at Prodan. The subject parcel is an interior 2.6-acre portion of a site that comprises a portion of a former County landfill property. The remainder of the landfill site, a 9.42-acre parcel fronting Gothard Street, was amended to RT as part of the 2017 comprehensive General Plan update. However, the subject 2.6-acre portion of the site was inadvertently left out of the update and the General Plan Amendment will correct this omission. The subject parcel is also owned by the County, and is immediately west of the 9.42-acre vacant parcel (APN 111-071-35) currently designated RT. Both properties are owned by the County, and function together as one vacant site. This action will bring the entire site under the RT designation for future use, and the new RT development standards to be established will subsequently apply to the entire 11.68-acre site. Subsequently, the General Plan Amendment request was included in the project description, analyzed for consistency with CEQA, and is included in staff and the Planning Commission’s recommendation to the City Council. To inform development of the RT Zone regulations, community engagement efforts included a variety of events and methods. In July 2018, staff and the City’s consultant, RRM Design Group, presented the undertaking to the City’s quarterly Brokers Briefing meeting and conducted two days of stakeholder meetings with businesses, landowners, City departments, community members, brokers, and other interested parties. Valuable feedback was provided from a local market perspective as well as community and code user viewpoints. Key themes included: streamlining processes and permitting, updating and allowing flexible uses, providing compatibility/performance standards, right- sizing parking regulations, and being forward-looking to accommodate advancing technologies and trends. In addition, project announcements were mailed to owners of all parcels in the RT study area in August 2018 advising of the City’s intent and invitation to participate. Regular updates and a frequently asked questions (FAQs) sheet were provided on the City’s website. While community engagement tasks were completed, RRM Design Group prepared two reports, a Market Analysis (Attachment No. 8) and Technical Background Analysis (Attachment No. 9) to enrich the data serving the project outcomes. The Market Analysis described potential market growth and development potentials for the industrial areas to be designated RT, as well as provided insight into development standard issues that might affect the economic feasibility of future development in theCity of Huntington Beach Printed on 8/14/2019Page 4 of 9 powered by Legistar™319 File #:19-805 MEETING DATE:8/19/2019 development standard issues that might affect the economic feasibility of future development in the RT district. The Technical Analysis Report includes discussion of the existing regulatory setting, and a comparison of examples of RT or related land use zoning standards for relevant zoning examples. Further, the Technical Analysis Report summarized the key findings from the project’s community outreach and stakeholder interview process that was used to build a collaborative interest and consensus for the proposed zoning standards. C.PLANNING COMMISSION MEETINGS AND RECOMMENDATION: The Planning Commission held two study sessions on May 28 and June 11 prior to the public hearing for the proposed project on July 9, 2019. July 9, 2019 Public Hearing At the public hearing, there were no public speakers on the project. Commission discussion focused on clarification of land uses and proposed requirements for vehicle storage uses within the future RT district. At the public hearing, the Commission made the following modifications: 1. ZMA 18-001: Modify the exhibit of the Zoning Map to change the proposed designation of a single parcel from IG (Industrial General) to RT (Research and Technology). The subject parcel is the site of the Seabreeze Community Church located at the northeast corner of Gothard Street at Prodan Drive. This action corrects an error in the exhibit and does not affect the existing land use. 2. ZTA 18-002: Modify staff’s proposed standards for vehicle storage uses in Industrial Districts: a. Remove the proposed permitted by right status of vehicle storage uses on public agency owned properties; b. Require a Conditional Use Permit (CUP) by the Zoning Administrator for vehicle storage uses on both public and private properties in the RT district; c. Add requirement for a CUP to the Planning Commission for any vehicle storage use on RT zoned properties within 300 feet of a residential district; and d. Minor language clean up in Additional Provision (N) Performance Standards Planning Commission Action dated July 9, 2019 A motion was made by Scandura, seconded by Kalmick to recommend approval of General Plan Amendment No. 2019-001, Zoning Map Amendment No. 2018-001, and Zoning Text Amendment No. 18-002 with modifications and forward to City Council by the following vote: AYES: Scandura, Mandic, Kalmick, Grant, Perkins City of Huntington Beach Printed on 8/14/2019Page 5 of 9 powered by Legistar™320 File #:19-805 MEETING DATE:8/19/2019 NOES: None ABSTAIN: Garcia ABSENT: Ray MOTION PASSED July 23, 2019 Planning Commissioner Agenda Item The Planning Commission requested that staff agendize three companion topics related to but not part of the Research and Technology project. The three companion topics pertain to the City’s Urban Design Guidelines, Wi-Fi, Broadband, and Fiber Optic Infrastructure, and Pedestrian Sidewalks in the RT districts. Descriptions of these topics are included in the July 9, 2019 Planning Commission staff report (Attachment 6). At the July 23, 2019 meeting, the Planning Commission formally voted to request that City Council consider the following along with the ZMA and ZTA establishing the RT zoning district: A.Recommend the City Council direct staff to update the City’s Urban Design Guidelines To support the implementation of the RT Zoning Amendment project and the goals and policies of the General Plan Land Use Element, the City Council may direct staff to update the City’s Industrial design guidelines for the RT zone. If the City Council has interest in this effort, staff recommends that the Council direct staff to return with a defined scope of work and estimate how many staff hours it will take to implement this effort with a projected timeline to complete the work based on current and projected workloads. Also, direct staff to solicit informal estimates to see how much it would be to contract out this work with a projected timeline for completion. B.Recommend that the City Council create a Broadband and Wireless Ad-Hoc Committee The Planning Commission recommends that the City Council consider creating an ad-hoc committee focused on reviewing existing policy and creating new goals for broadband technology and transportation improvements in the RT zone as a pilot project area. A whitepaper written by Commissioner Kalmick is attached for reference (Attachment 8). Staff has an alternative recommendation since a city-wide Broadband Master Plan is currently under development by means of the City Council’s Strategic Plan. An internal working group has been identified to develop recommendations to present to the City Council later this year. Staff recommends that the City Council wait to hear the recommendations prior to considering creating an ad-hoc committee specific to the RT Zone as similar or compatible ideas may be included as part of that effort. C. Recommend that the City Council direct staff to study the efficacy of sidewalk improvements in all Industrial districts. In recognition of the need for safe pedestrian mobility options, enhancing the existing streetscapes, and increasing the connectivity of existing and future development, the Planning Commission recommends City Council direct staff to consider the feasibility of placing sidewalks in all Industrial Districts. The feasibility study would include an analysis and report on the following options: 1. Direct staff to initiate a program to require public easement dedications on properties located in RT districts pursuant to HBZSO 230.84. This program would require improvements during permitted construction phases. City of Huntington Beach Printed on 8/14/2019Page 6 of 9 powered by Legistar™321 File #:19-805 MEETING DATE:8/19/2019 2. Direct staff to initiate a program to require dedication of public easement space only, without requiring improvements where curb, gutter, and sidewalk installations are completed a later date. 3. Direct staff to develop a voluntary sidewalk improvement program where property owners may improve their yards with sidewalk spaces built to their own standards, not subject to a public easement dedication. New sidewalks would require coordinated review by Public Works and Building to evaluate grading, flat work, tie-ins to curb cuts and driveways, and ADA standards. In this scenario, private property owners that make such improvements would assume legal liability for such sidewalks and may consider forming building owner associations to mitigate said liabilities. 4. Direct staff to begin eminent domain proceedings to acquire property and construct sidewalks throughout the RT zone. If the City Council has interest in this effort, staff recommends that the Council direct staff to return with preliminary analysis to determine the minimum amount of right-of-way that would be necessary to implement sidewalks in the RT Zone. After such determination , see if application of such dedication results in any sub-standard lots or effectively eliminates an owner’s ability to develop their lot with imposition of development standards. D. STAFF ANALYSIS AND RECOMMENDATION: The staff report for the July 9, 2019,Planning Commission public hearing contains a detailed description of the proposed project, including itemized modifications to the HBZSO under ZTA No. 18 -002 (Attachment No. 7). Auto Storage Uses on Public Agency Owned Property As discussed in Section C. Planning Commission Meetings and Recommendation above, the Planning Commission modified staff’s recommendation regarding auto storage uses on public agency owned property. Staff worked directly with the County of Orange to accommodate a future use on their property within the RT zoning district and recommended that auto storage uses on public agency owned properties be permitted by right. The Planning Commission recommends that such auto storage uses be permitted by a conditional use permit on both public and private property. Attachment 6 is a redline version of the section of the legislative draft that illustrates the differences between staff’s recommendation (Attachment No. 5) and the Planning Commission’s recommendation.Staff continues to recommend that auto storage uses on public agency owned properties be permitted by-right in the RT district. Staff recommends that the City Council adopt Resolution No. 2019-50 and approve General Plan Amendment No. 19-001, Ordinance No. 4184 approving Zoning Map Amendment No. 18-001, and Ordinance No. 4183 approving Zoning Text Amendment No. 18-002 with modifications and findings in that the project: §Implements multiple goals and policies of the General Plan Land Use Element City of Huntington Beach Printed on 8/14/2019Page 7 of 9 powered by Legistar™322 File #:19-805 MEETING DATE:8/19/2019 §Establishes land use controls and development standards for the Research and Technology zoning district that provide for new flexible requirements that will attract and retain new businesses and support the future needs of existing businesses §Cleans up Chapter 212 Industrial Districts to reflect current market needs for new uses and development, and improve clarity by addressing minor inconsistencies §Codifies existing policies and code interpretations and allows select entitlement requests to be reviewed by a more appropriate hearing body or to be permitted by right in the new RT district. Environmental Status: The City Council adopted Program Environmental Impact Report (EIR) No. 14-001 for the General Plan Update in 2017, which included implementation of a new Research and Technology General Plan land use designation. The General Plan Program EIR projected growth and 2040 buildout numbers for non-residential development, including 463 acres of the RT land use designation. Thus, the General Plan EIR provides the environmental setting and analysis to serve as the first-tier California Environmental Quality Act (CEQA) document for the proposed project. Although the establishment of RT zoning land use controls and development standards through ZTA 18-002 will result in some changes or additions to the General Plan EIR, there will not be a change in the buildout characteristics that results in new significant impacts or an increase in the severity of a previously identified impact in the General Plan EIR. As analyzed in the draft Addendum to the General Plan Program EIR, the proposed GPA, ZTA, and ZMA will not result in an action that requires further evaluation pursuant to CEQA, and neither the Planning Commission nor the City Council will need to take action on the Addendum. Within the Industrial Districts (IG, IL, and RT), all future discretionary projects are subject to CEQA and may have potential project or site specific impacts that would require environmental review. Future review and analysis will be determined on a case-by-case basis. It should be noted that the GPA would affect a single parcel that is part of a former landfill that was closed in 1962. While the two parcels that make up the landfill site are located within the City of Huntington Beach, the property is owned by the County of Orange and managed by Orange County Waste & Recycling (OCWR). The property is subject to ongoing regulatory requirements including routine inspections, sampling events, reporting and maintenance associated with groundwater, surface water, and other environmental monitoring processes. OCWR has prepared a Mitigated Negative Declaration (MND) to allow for the removal of coastal sage scrub that currently grows on the property in an effort to permit a future land use on the property. The City is not the lead agency for the MND but is coordinating with OCWR and the County regarding the coastal sage scrub removal efforts and mitigation. Upon adoption by the City Council, the RT land use controls and development standards proposed by ZTA 18-002 would be applicable to the County landfill site. Strategic Plan Goal: Strengthen long-term financial and economic sustainability City of Huntington Beach Printed on 8/14/2019Page 8 of 9 powered by Legistar™323 File #:19-805 MEETING DATE:8/19/2019 Attachment(s): 1. City Council Resolution No. 2019-50, A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 19-001 (County Gothard Property) 2. Suggested Findings of Approval - ZMA No. 2018-001 3. Ordinance No. 4184, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from IG (Industrial General), IL (Industrial Limited), or CG (Commercial General) to RT (Research and Technology) on Real Property Located in Two Existing Industrial Areas Herein Referred to as the Gothard Street Corridor and Northwest Industrial Area (Zoning Map Amendment No. 18- 001) 4. Suggested Findings of Approval - ZTA No. 2018-002 5. Ordinance No. 4183, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapters 204 Use Classifications, 212 Industrial Districts, and 231 Off-Street Parking and Loading of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 18-002) and Exhibit A. Chapter 204 (Use Classifications) Legislative Draft; Exhibit B. Chapter 212 (Industrial Districts) Legislative Draft; and Exhibit C. Chapter 231 (Off- Street Parking and Loading) Legislative Draft 6. Planning Commission Recommendation for Auto Storage 7. Planning Commission Staff Report dated July 9, 2019 8. Planning Commission Recommendation to City Council - Ad Hoc Broadband Committee 9. Market Analysis by RRM Design Group 10.Technical Background Analysis by RRM Design Group City of Huntington Beach Printed on 8/14/2019Page 9 of 9 powered by Legistar™324 325 326 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 37 of Block 071, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 111 Page 7 of Parcel Maps, in the Office of the County Recorder of said County. Assessor’s Parcel Number 111-071-37 327 EXHIBIT B 328 Gothard St.Talbert Ave.GoldenwestSt.Vin c e n tC ir.GarnetLn .Harriman Cir. Prodan Dr.Enterprise Ln.Mountjoy Dr. Ellis Ave. Ashley Dr.Ben tleyLn. Paloma Dr . Latigo Dr.AmaliaLn.BazilCir.Repair Ln.Autopark Dr. 111-071-37OS-P 111-071-35RT EXISTING GENERAL PLAN ± RT RT I RT RT RT RT P RL RM OS-P OS-P PS(RT) 329 Gothard St.Talbert Ave.GoldenwestSt.Vin c e n tC ir.GarnetLn .Harriman Cir. Prodan Dr.Enterprise Ln.Mountjoy Dr. Ellis Ave. Ashley Dr.Ben tleyLn. Paloma Dr . Latigo Dr.AmaliaLn.BazilCir.Repair Ln.Autopark Dr. 111-071-37RT 111-071-35RT PROPOSED GENERAL PLAN ± RT RT I RT RT RT RT P RL RM OS-P OS-P PS(RT) 330 ATTACHMENT NO. 2 SUGGESTED FINDINGS OF APPROVAL ZONING MAP AMENDMENT NO. 18-001 SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 18-001: 1. Zoning Map Amendment No. 18-001 to amend the Huntington Beach Zoning Map designation of properties in two existing industrial areas from Industrial General (IG), Industrial Limited (IL), or Commercial General (CG) to Research and Technology (RT) is consistent with the objectives, policies, general land uses and programs sp ecified in the General Plan and any applicable specific plan. The goals and policies of the General Plan Land Use Element state that the City will accommodate future uses such as technology manufacturing and technology services within the Northwest Indust rial Subarea and Gothard Street Subarea. This amendment will change the existing Zoning Map land use designations of properties located in the Northwest Industrial and Gothard Street subareas to Research and Technology (RT) to provide such accommodation in conjunction with Zoning Text Amendment No. 18 -002. 2. In the case of a general land use provision, Zoning Map Amendment No. 1 8-001 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. This amendment changes the existing Zoning Map land use designation in two existing industrial areas to be consistent with the General Plan Land Use Map designation of Research and Technology (RT). The subject amendment is also consistent with the new zoning provisions for RT designated properties. 3. A community need is demonstrated for the proposed amendment in that the amendment will ensure that the city provides for new nonresidential mixed-use development within the General Plan’s Northwest Industrial and Gothard Street subareas. A changing employment demand has created a need for a variety of nonresidential mixed -use development in industrial areas to encourage both employment uses and commercial uses that accommodate employees while continuing to allow traditional industrial uses. Promoting targeted development and expansion of commercial uses create an environment that meets resident and employee needs and increases the capture of sales tax revenues. The RT zoning designation will bring the Zoning Map into conformance with the General Plan Land Use Map, enabling future development to take place in the new district . 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The proposed amendment will implement the RT zoning designation on properties currently designated RT by the General Plan Land Use Map, which is required for all future development and business activity. The amendment, in conjunction with new land use controls and development sta ndards set forth in Zoning Text Amendment No. 2018-002, fulfill the vision of the General Plan Land Use Element by attracting new industrial and ancillary commercial uses to the City and expand the goods and services available to employees of local businesses and customers from the surrounding communities . 331 332 333 SP11 PS RL PS CG IL PS CG PS RL IL RMH IL CG CGIL-10,000 100-IL-15,000 OS-PR PS RL PS PS CG RMHCOCG RMH COH H(Q)RMHCOCG RL RL RL H PS 100-IL-20,000 100-IL-20,000100-IL-15,000100-IL-20,000 IL P.C.RES#1266IL 100-IL-20,000 100-IL-20,000 HHOS-PR H100-IL-20,000 RL IL-10,000 H H(Q)RMHCG McFadden Ave. Edinger Ave.Springdale St.Bolsa Ave.Graham St.Reno Bolsa Ave.Graham St.Newsboy Cir.Jason Cir.McFadden Ave.Manufacture Ln.Cir.Cir.BolsaChicaSt.BolsaChicaSt.Able Ln.Oceanus Dr.Triton Ln.Galway Cir. Caspian Cir. Business Dr. Commercial Dr. Buckingham Dr. Engineer Dr.ConnectorLn.Transistor Ln.Pipeline Ln.DanLn.Machine Dr.Electronic Ln.Assembly Ln.Quail Cir. Partridge Cir. Pheasant Cir.Industry Ln.Container Ln.Industrial Dr. Research Dr. System Dr. Production Dr.Commerce Ln.Producer Ln.Eliot Cir.Pratt Cir.Vane Cir. Stone Cir. Calvin Cir. Welde Cir.WillettLn.Pilgrim Cir.Puritan Cir.Ballad Ln.Waltz Cir.Fieldston Ln.Bayside Ln.Bolsa Chica St.Edinger Ave.GrahamSt.Springdale St.Argosy Ave.Astronautics Ln.Milton Cir. Marina Viking Way Mar Vista Dr.Quill Cir.Penfield Cir.Oaktree Cir.Northridge Ln.Sabre Ln.Sher m a n Dr.Vanguard Ln.Cortez Dr. Tasman Dr.Andaman Ln.Baffin Cir.Cambay Ln.Chemical Ln.Argosy Ave. McFadden Ave. Thor Dr.Apollo Ln.Atlas Dr.Dover Dr.Capetown Ln.Kingston Ln.Bolsa Ave. Kimberly Dr. Dundee Dr. Cornell Dr.Drake Ln.La Salle Ln.Medford Dr.Holiday Ln.Sydney Dr. Shelly Dr. Tyndall Dr.Bolsa Park Ln.Pelican Ln.Chemical Ln.Skylark Dr.Oriole Ln.Sparrow Dr. Robinwood Dr.Hummingbird Ln.Swan Ln.Bluebird Ln.Dovewood Dr. Flamingo Cir. Bluejay Cir.Computer Ln.Product Ln.Research Dr.Taft Ln.Cross Dr.Aulnay Ln.Winslow Dr. Albion Dr. Priscilla Dr.Alden Ln.Cabot Cir.Hooker Dr. Royalist Dr.Plymouth Ln.Springdale St.Prelude Dr. Suite Dr. Minuet Dr. Rhapsody Dr.Melody Ln.Edinger Ave. Kaui Dr.Waikiki Ln.Kona Dr. Hilo Cir. Maui Cir.Honolulu Ln.Hawaii Ln.Oahu Dr.Operetta Dr.Tomas Ln.Audrey Dr. Cheryl Dr. Sisson Dr.Sandra Ln.Warren Ln.Edinger Ave.Liles Ln.Hendricksen Dr.Schryer Ln.DavisLn.Meadowlark Dr.Oslo Castle Dr. Mangrum Dr.Clubhouse Ln.Littler Dr. Clark Dr.Birdie Ln.EagleLn.Meadowlark Dr. Snead Dr.ChipperLn.FairwayLn.M e a d o w la r k D r . Softwind Dr. Montecito Dr. Palisade Dr.Ballantine Ln.Bellinger Dr.JerevaCir.BrentSilverwood Dr. Linda Cir.Nassau LnPS RL SP13 HRL RL CG PS RMH PS RM RL RL RM-15 RMH PS RMH RM RM OS-PR PS IG IG IG RM CG OS-PR RMH RL RMHPSIG CG RMH RMHRMH-20IG IL-15,000RMP RM CG CORMH RMH CO CG P.C.RES#1301OS-PRCORLPS PSCG RM OS-PR CGRMH PS OS-PR PS OS-PR CO OS-PR IG IG IL OS-PR RL RMH RM IGPS RMH RM RMP.C.RES#1313P.C.RES#1259P.C.RES#1258P.C.RES#1263P.C.RES#1327IG IG I-4 0 5 RMHRL RMH-25 (Q)IG RH RMH(Q)RM RMH RMH RM HCG IGSP14SP14 SP14 SP14 SP14 SP14 SP14 SP14CG SP14SP14CGSP14 SP14SP14 SP14SP14 SP14SP14SP14 SP14SP14 SP14 SP14 RMP-SR RM Warner Ave.Mashie Cir.Grass Cir.SampsonLn.Reynolds Cir.Lyons Cir.Windfield Dr.RedondoCir.Taylor Dr.JoyfulLn.Gothard St.Beach Blvd.Talbert Ave. Slater Ave.Beach Blvd.Talbert Ave. Ellis Ave. Cal p e Brookshire Ln.Orchid Dr. Connie Dr.Sharon Ln.WakefieldLn.Essex Dr. Central Park Dr.Gothard St.Goldenwest St.BeachBlvd.Heil Ave.Heil Ave.BeachBlvd.Rhine ArborCir.He r m i t Ci r .GeminiLn.Count Cir. Earl Cir. Warner Ave. Betty Dr.Lee Cir.Canna Cir.Windy Sea Cir. Windy Sands Cir.Beach Blvd.Burton Dr.GoldenwestSt.GoldenwestSt.Vince n tC ir.Metzler Ln.Jacquelyn Ln.Via Espana Ln.Malm Cir.Feola Cir.Sherbeck Ln.Pomona Ln.Verlene Cir. Maddox Dr.BurkeLn.Nile C i r .GarnetLn .Avilla Ln.Edinger Ave.Goldenwest St.V antageD r.Mo o n s h a d o w C i r . Edinger Ave. Warner Ave.GoldenwestSt.Mandrell Dr. Slater Ave.Delaware St.Sycamore Dr. Warner Ave.BeachBlvd.Griff inLn.ParktreeCir.Mona Ln.Main St.A p p le b y Dr . Cir.Limelight Cir.Margarita Ln.Cir. Steeplechase Cir. Daisy Cir.ParkviewLn.Tucana Dr.ElbeCir.Fortuna Ln.Cameron Ln.Cypress Dr.Elm Ln.Dairyview Cir.NicholsLn.MartyLn.Alice Ln.Fenwick D r . Ford Ln. Slater Ave. Canis Cir.Beach Blvd.Pammy Ln.Park Forest Dr.Edge brook Ln . WhitewaterDr. Ellis Ave. Ra pids Dr . FivePoints Mason Dr.Fountain Ln.Patricia Ln.Ruth Dr.Simonne Ln.Sylvia Dr.Marie Ln.Lydia Dr.Diane Ln.Marilyn Dr.Cobra Ln.Norino Dr.Golden View Ln.Rook Dr.Julip Ln.Blue Fox Cir.Argo Cir.Capstone Dr.Taurus Ln.Baker Dr.Rob Roy Cir.Drey Ln.Gibson Cir.Whetmore Ln.Manhattan Dr.Mayor Ln.Kurt Ln.Spickard Dr.Caspers Cir.Galicia Ln.ViaEspanaLn.Los Amigos Cir. Via Angelina Dr. Vista Del Sol Dr. Via Carona Dr.El Nopal Ln.Rio Vista Dr.SanLeandroLn.Lucien to D r.Shor ev ie w Cir.Cliffview Ln.Lakeview Dr.Moonglow Ln.Bluesails Dr.Bridge Ln.Stonewood Dr. Bouquet Dr.Candlelight Cir. Starlight Cir. Moonlight Cir. Valentine Dr.Wishingwell Ln.Sunlight Dr.Serenade Ln.Magellan Ln.Murdy Cir.Sabot Ln.Lorge Cir. Edinger Ave.Ganges Ln.Volga Dr. Amazon Dr. Rhone Ln.Sher Ln.Kim Ln.Anita Ln. Juliette Low Dr. Nancy Dr.Mark Ln.Silver Ln.Heil Ave. Alhambra Dr. Glencoe Dr. MacDonald Dr. Holt Dr.Parkside Ln.Stark Dr. Aldrich Dr. Stark Dr.Bartlett Ln.Kellog Cir.Sabot Ln.Delton Cir.Tunstall Ln.Norma Dr. Mars Dr. Saturn Dr.Gothard St.La Mancha Cir. P rince Dr.Bardon Ln.Corsican Dr. Toulouse Dr.Lilac Ln.Elk Cir. Danube Dr. Seine Dr.Rhone Ln.Tiber Ln.CharlesLn.Don Dr.ThamesLn.RhineDr.LoireCir .Viewpoint Ln.Terry Dr.Nichols Ln.Washington Dr.Lyndon Ln.A Ln.Robidoux Dr. Cain Dr.Palmdale Ln.Cedar Dr.Apex Cir.Skyline Ln.Sunbreeze Dr.FlowerLn.Lucero Ln.Nimrod Dr.Duello Ln.Mill Cir.Ford Dr.EmeraldLn.Fir Dr.OakLn.Sycamore Dr. Kristin Cir. Barton Dr.Koledo Ln.Wagon Dr.A Ln.Gothard St.Belva Dr.CrabbLn.Liberty Dr. Newman Ave. Ronald Dr.GeorgetownLn.JamestownLn.Woodwind Dr. Harriman Cir. Prodan Dr.Enterprise Ln.Mountjoy Dr. Ellis Ave.KovacsLn.Happy Dr. Lori Dr. Beachpoint Cir. Fox Cir.Franklin Dr.Delaware St.ManitobaLn.Yukon Dr. A lberta Dr. Quebec Dr. Ontario Dr.Huntington St.Gaspe Cir.CarnabyLn.Danton Cir.QuebecDr. Taylor Dr.SteepLn.Gleada Ln.Tay lo r Dr.Patterson Ln.Saddleback Ln.D e r b y C ir . Hitchingpost Cir. Corral Cir. Preakness Dr. Retherford Dr.Rollins Ln.Breeland Dr.Dundalk Ln.Carlow Dr. Walton Dr.Windemeir Ln.Pitman Ln.Marjan Ln.Nyanza Dr.Tyee Ln.Laurelhurst Dr. Lafayette Dr. Auburn Dr. Loyola Dr.Tufts Ln.Valentine Dr.Whittier Ln.Hobart Ln.Defiance Dr. Bridgewater Dr.Redlands Ln.Bonnie Dr.Kettler Ln.Lenis Cir. Paula Cir. Carla Cir.Wanda Cir.Debra Cir.WestwoodLn.Northlake Dr.Eas tlake Ln. W oodlake Dr.Mil lpond Ln. Damask Dr. Chrysler Cir. Lak e f r o n t C i r . Southlake Dr. Ashley Dr.AmbroseLn.BentleyLn. Paloma Dr . Latigo Dr.AmaliaLn.Mari s a D r .Jolly Ln.Sun Dr. Cypress Dr.Ash Ln.Elm Ln.Belsito Dr.Keelson Ln.Jacquelyn Ln.Koledo Ln.Queens Ln.Holland Dr.MorganLn.Speer Dr.Baron Cir.BellCir.BazilCir.Repair Ln.Autopark Dr.Cr eek Ln.CreekviewLn.Bro okwo od Dr. Zoning Designations Public Public-SemipublicPS Coastal Conservation Conservation CC Commercial Commercial GeneralCGCommercial Office Commercial Visitor CO CV Miscellaneous Open Space Shoreline SubdistrictWater Recreation Subdistrict Parks and Recreation Subdistrict OS-S OS-PR OS-WR Residential AgricultureManufactured Home Park Residential High Density Residential Medium High Density Residential Residential Medium DensityResidential Low Density RA RH RM RL RMH RMP Residential Medium High Density (Small Lot Subdistrict)RMH-A Mixed Use - Transit CenterMixed Use MU-TC Industrial LimitedIndustrial GeneralIndustrial IL IG Overlay Districts * FEMA flood information is available through the Planning Department SP-Specific Plan Designation (Q)-Qualified Classification Right of Way, Bridge, Channel SP Parcel Highrise Overlay Senior Manufactured Home ParkMixed Use Oil Overlay Coastal Zone Overlay Boundary -H -SR(P.C. Resolution #) -O, -O1 -CZ Gothard Corridor Northwest Industrial Area City ofSeal Beach City ofWestminster HuntingtonHarbour Bolsa ChicaWetlands Main St.Talbert Ave. Edinger Ave. Heil Ave. Warner Ave. Slater Ave. EllisAve. McFaddenAve. Bolsa Ave.Bolsa ChicaEdwardsGoldenwest St.Bolsa Ave. Edinger Ave.Gothard St.Beach Blvd.Newland St.Magnolia St.Bushard St.Talbert Ave. McFadden Ave. 334 SP11 PS RL PSPS PS RL RMH OS-PR PS RL PS PS RMHCO RMH CO (Q)RMHCO RL RL RL PS P.C.RES#1266OS-PR RL(Q)RMHMcFadden Ave. Edinger Ave.Springdale St.Bolsa Ave.Graham St.Reno Bolsa Ave.Graham St.Newsboy Cir.Jason Cir.McFadden Ave.Manufacture Ln.Cir.Cir.BolsaChicaSt.BolsaChicaSt.Able Ln.Oceanus Dr.Triton Ln.Galway Cir. Caspian Cir. Business Dr. Commercial Dr. Buckingham Dr. Engineer Dr.ConnectorLn.Transistor Ln.Pipeline Ln.DanLn.Machine Dr.Electronic Ln.Assembly Ln.Quail Cir. Partridge Cir. Pheasant Cir.Industry Ln.Container Ln.Industrial Dr. Research Dr. System Dr. Production Dr.Commerce Ln.Producer Ln.Eliot Cir.Pratt Cir.Vane Cir. Stone Cir. Calvin Cir. Welde Cir.WillettLn.Pilgrim Cir.Puritan Cir.Ballad Ln.Waltz Cir.Fieldston Ln.Bayside Ln.Bolsa Chica St.Edinger Ave.GrahamSt.Springdale St.Argosy Ave.Astronautics Ln.Milton Cir. Marina Viking Way Mar Vista Dr.Quill Cir.Penfield Cir.Oaktree Cir.Northridge Ln.Sabre Ln.Sher m a n Dr.Vanguard Ln.Cortez Dr. Tasman Dr.Andaman Ln.Baffin Cir.Cambay Ln.Chemical Ln.Argosy Ave. McFadden Ave. Thor Dr.Apollo Ln.Atlas Dr.Dover Dr.Capetown Ln.Kingston Ln.Bolsa Ave. Kimberly Dr. Dundee Dr. Cornell Dr.Drake Ln.La Salle Ln.Medford Dr.Holiday Ln.Sydney Dr. Shelly Dr. Tyndall Dr.Bolsa Park Ln.Pelican Ln.Chemical Ln.Skylark Dr.Oriole Ln.Sparrow Dr. Robinwood Dr.Hummingbird Ln.Swan Ln.Bluebird Ln.Dovewood Dr. Flamingo Cir. Bluejay Cir.Computer Ln.Product Ln.Research Dr.Taft Ln.Cross Dr.Aulnay Ln.Winslow Dr. Albion Dr. Priscilla Dr.Alden Ln.Cabot Cir.Hooker Dr. Royalist Dr.Plymouth Ln.Springdale St.Prelude Dr. Suite Dr. Minuet Dr. Rhapsody Dr.Melody Ln.Edinger Ave. Kaui Dr.Waikiki Ln.Kona Dr. Hilo Cir. Maui Cir.Honolulu Ln.Hawaii Ln.Oahu Dr.Operetta Dr.Tomas Ln.Audrey Dr. Cheryl Dr. Sisson Dr.Sandra Ln.Warren Ln.Edinger Ave.Liles Ln.Hendricksen Dr.Schryer Ln.DavisLn.Meadowlark Dr.Oslo Castle Dr. Mangrum Dr.Clubhouse Ln.Littler Dr. Clark Dr.Birdie Ln.EagleLn.Meadowlark Dr. Snead Dr.ChipperLn.FairwayLn.M e a d o w la r k D r . Softwind Dr. Montecito Dr. Palisade Dr.Ballantine Ln.Bellinger Dr.JerevaCir.BrentSilverwood Dr. Linda Cir.Nassau LnPS RL SP13 RL RL CG PS RMH PS RM RL RL RM-15 RMH PS RMH RM RM OS-PR PS RM CG OS-PR RMH RL RMHPS CG RMH RMHRMH-20RMP RM CG CORMH RMH CO CG P.C.RES#1301OS-PRCORLPS PSCG RM OS-PR CGRMH PS OS-PR PS OS-PR CO OS-PR IL OS-PR RL RMH RM PS RMH RM RMP.C.RES#1313P.C.RES#1259P.C.RES#1258P.C.RES#1263P.C.RES#1327I-4 0 5 RMHRL RMH-25 (Q)IG RH RMH(Q)RM RMH RMH RM CG SP14SP14 SP14 SP14 SP14 SP14 SP14 SP14CG SP14SP14CGSP14 SP14SP14 SP14SP14 SP14SP14SP14 SP14SP14 SP14 SP14 RMP-SR RM Warner Ave.Mashie Cir.Grass Cir.SampsonLn.Reynolds Cir.Lyons Cir.Windfield Dr.RedondoCir.Taylor Dr.JoyfulLn.Gothard St.Beach Blvd.Talbert Ave. Slater Ave.Beach Blvd.Talbert Ave. Ellis Ave. Cal p e Brookshire Ln.Orchid Dr. Connie Dr.Sharon Ln.WakefieldLn.Essex Dr. Central Park Dr.Gothard St.Goldenwest St.BeachBlvd.Heil Ave.Heil Ave.BeachBlvd.Rhine ArborCir.He r m i t Ci r .GeminiLn.Count Cir. Earl Cir. Warner Ave. Betty Dr.Lee Cir.Canna Cir.Windy Sea Cir. Windy Sands Cir.Beach Blvd.Burton Dr.GoldenwestSt.GoldenwestSt.Vince n tC ir.Metzler Ln.Jacquelyn Ln.Via Espana Ln.Malm Cir.Feola Cir.Sherbeck Ln.Pomona Ln.Verlene Cir. Maddox Dr.BurkeLn.Nile C i r .GarnetLn .Avilla Ln.Edinger Ave.Goldenwest St.V antageD r.Mo o n s h a d o w C i r . Edinger Ave. Warner Ave.GoldenwestSt.Mandrell Dr. Slater Ave.Delaware St.Sycamore Dr. Warner Ave.BeachBlvd.Griff inLn.ParktreeCir.Mona Ln.Main St.A p p le b y Dr . Cir.Limelight Cir.Margarita Ln.Cir. Steeplechase Cir. Daisy Cir.ParkviewLn.Tucana Dr.ElbeCir.Fortuna Ln.Cameron Ln.Cypress Dr.Elm Ln.Dairyview Cir.NicholsLn.MartyLn.Alice Ln.Fenwick D r . Ford Ln. Slater Ave. Canis Cir.Beach Blvd.Pammy Ln.Park Forest Dr.Edge brook Ln . WhitewaterDr. Ellis Ave. Ra pids Dr . FivePoints Mason Dr.Fountain Ln.Patricia Ln.Ruth Dr.Simonne Ln.Sylvia Dr.Marie Ln.Lydia Dr.Diane Ln.Marilyn Dr.Cobra Ln.Norino Dr.Golden View Ln.Rook Dr.Julip Ln.Blue Fox Cir.Argo Cir.Capstone Dr.Taurus Ln.Baker Dr.Rob Roy Cir.Drey Ln.Gibson Cir.Whetmore Ln.Manhattan Dr.Mayor Ln.Kurt Ln.Spickard Dr.Caspers Cir.Galicia Ln.ViaEspanaLn.Los Amigos Cir. Via Angelina Dr. Vista Del Sol Dr. Via Carona Dr.El Nopal Ln.Rio Vista Dr.SanLeandroLn.Lucien to D r.Shor eview Cir.Cliffview Ln.Lakeview Dr.Moonglow Ln.Bluesails Dr.Bridge Ln.Stonewood Dr. Bouquet Dr.Candlelight Cir. Starlight Cir. Moonlight Cir. Valentine Dr.Wishingwell Ln.Sunlight Dr.Serenade Ln.Magellan Ln.Murdy Cir.Sabot Ln.Lorge Cir. Edinger Ave.Ganges Ln.Volga Dr. Amazon Dr. Rhone Ln.Sher Ln.Kim Ln.Anita Ln. Juliette Low Dr. Nancy Dr.Mark Ln.Silver Ln.Heil Ave. Alhambra Dr. Glencoe Dr. MacDonald Dr. Holt Dr.Parkside Ln.Stark Dr. Aldrich Dr. Stark Dr.Bartlett Ln.Kellog Cir.Sabot Ln.Delton Cir.Tunstall Ln.Norma Dr. Mars Dr. Saturn Dr.Gothard St.La Mancha Cir. P rince Dr.Bardon Ln.Corsican Dr. Toulouse Dr.Lilac Ln.Elk Cir. Danube Dr. Seine Dr.Rhone Ln.Tiber Ln.CharlesLn.Don Dr.ThamesLn.RhineDr.LoireCir.Viewpoint Ln.Terry Dr.Nichols Ln.Washington Dr.Lyndon Ln.A Ln.Robidoux Dr. Cain Dr.Palmdale Ln.Cedar Dr.Apex Cir.Skyline Ln.Sunbreeze Dr.FlowerLn.Lucero Ln.Nimrod Dr.Duello Ln.Mill Cir.Ford Dr.EmeraldLn.Fir Dr.OakLn.Sycamore Dr. Kristin Cir. Barton Dr.Koledo Ln.Wagon Dr.A Ln.Gothard St.Belva Dr.CrabbLn.Liberty Dr. Newman Ave. Ronald Dr.GeorgetownLn.JamestownLn.Woodwind Dr. Harriman Cir. Prodan Dr.Enterprise Ln.Mountjoy Dr. Ellis Ave.KovacsLn.Happy Dr. Lori Dr. Beachpoint Cir. Fox Cir.Franklin Dr.Delaware St.ManitobaLn.Yukon Dr. A lberta Dr. Quebec Dr. Ontario Dr.Huntington St.Gaspe Cir.CarnabyLn.Danton Cir.QuebecDr. Taylor Dr.SteepLn.Gleada Ln.Tay lo r Dr.Patterson Ln.Saddleback Ln.D e r b y C ir . Hitchingpost Cir. Corral Cir. Preakness Dr. Retherford Dr.Rollins Ln.Breeland Dr.Dundalk Ln.Carlow Dr. Walton Dr.Windemeir Ln.Pitman Ln.Marjan Ln.Nyanza Dr.Tyee Ln.Laurelhurst Dr. Lafayette Dr. Auburn Dr. Loyola Dr.Tufts Ln.Valentine Dr.Whittier Ln.Hobart Ln.Defiance Dr. Bridgewater Dr.Redlands Ln.Bonnie Dr.Kettler Ln.Lenis Cir. Paula Cir. Carla Cir.Wanda Cir.Debra Cir.WestwoodLn.Northlake Dr.Eas tlake Ln. W oodlake Dr.Mil lpond Ln. Damask Dr. Chrysler Cir. Lak e f r o n t C i r . Southlake Dr. Ashley Dr.AmbroseLn.BentleyLn. Paloma Dr . Latigo Dr.AmaliaLn.Mari s a D r .Jolly Ln.Sun Dr. Cypress Dr.Ash Ln.Elm Ln.Belsito Dr.Keelson Ln.Jacquelyn Ln.Koledo Ln.Queens Ln.Holland Dr.MorganLn.Speer Dr.Baron Cir.BellCir.BazilCir.Repair Ln.Autopark Dr.Cr eek Ln.CreekviewLn.Bro okwo od Dr. Zoning Designations Public Public-SemipublicPS Coastal Conservation Conservation CC Commercial Commercial GeneralCGCommercial Office Commercial Visitor CO CV Miscellaneous Open Space Shoreline SubdistrictWater Recreation Subdistrict Parks and Recreation Subdistrict OS-S OS-PR OS-WR Residential AgricultureManufactured Home Park Residential High Density Residential Medium High Density Residential Residential Medium DensityResidential Low Density RA RH RM RL RMH RMP Residential Medium High Density (Small Lot Subdistrict)RMH-A Mixed Use - Transit CenterMixed Use MU-TC Industrial LimitedIndustrial GeneralIndustrial IL IG Overlay Districts * FEMA flood information is available through the Planning Department SP-Specific Plan Designation (Q)-Qualified Classification Right of Way, Bridge, Channel SP Parcel Highrise Overlay Senior Manufactured Home ParkMixed Use Oil Overlay Coastal Zone Overlay Boundary -H -SR(P.C. Resolution #) -O, -O1 -CZ Gothard Corridor Northwest Industrial Area City ofSeal Beach City ofWestminster HuntingtonHarbour Bolsa ChicaWetlands Main St.Talbert Ave. Edinger Ave. Heil Ave. Warner Ave. Slater Ave. EllisAve. McFaddenAve. Bolsa Ave.Bolsa ChicaEdwardsGoldenwest St.Bolsa Ave. Edinger Ave.Gothard St.Beach Blvd.Newland St.Magnolia St.Bushard St.Talbert Ave. McFadden Ave. RT RT RT RT IL 100-IL-20,000 IL-10,000 RT RT RT RT RT RT RT RT RT RT RT RT RT RT IG IG IG IGIG RT RT CG CG IL 335 ATTACHMENT NO. 4 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 18-002 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 18-002: 1. Zoning Text Amendment (ZTA) No. 18-002 to amend Chapter 204 (Use Classifications), Chapter 212 (Industrial Districts), and Chapter 231 (Off-Street Parking and Loading Provisions) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish land use zoning and development standards for the new Research and Technology (RT) zoning district is consistent with the objectives, policies, general land uses and programs specified in the General Plan including: 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. Policy LU-1 (C): Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Goal LU-5: Industrial businesses provide employment opportunities for residents, supporting the local economy. Policy LU-5 (A): Support and attract new businesses in the city’s industrial areas. Policy LU-5 (B): Encourage clean, less intensive industrial development in areas identified in the planning area. Policy LU-5 (C): Ensure proposed development and u ses in industrial areas contribute to the City’s economic development objectives and do not minimize existing uses. Policy LU-5 (D): Explore opportunities to optimize use of underutilized or underperforming industrial land that is sensitive to surroundin g uses, and to introduce new industrial uses that create jobs. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goo ds and services provided to accommodate the needs of all residents and the market area. 336 Policy LU-13 (B): Capture emerging industries such as, but not limited to, “knowledge”- based industries and research and development firms. The ZTA will establish new development standards that support the attraction of new industrial and ancillary commercial uses to the City and the retention of existing businesses by providing new employment opportunities and an expansion of goods and services to the employees of local businesses and customers from the surrounding communities. The proposed amendments encourage less intensive traditional industrial uses and introduce new industrial uses designed to create jobs and support and protect the local industrial economic base. 2. In the case of a general land use provision, ZTA No. 18-002 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed . As established by the General Plan Update in 2017, the Research an d Technology (RT) land use designation provides for a wide variety of nonresidential mixed -use development in industrial areas and encourages both employment uses and commercial uses designed to accommodate employees while continuing to allow for tradition al industrial uses. The ZTA will implement the General Plan Land Use Element’s RT designation by formally establishing the new RT district, and providing land use controls and development standards that offer a variety of nonresidential mixed -use land uses that support a wider range of both industrial and commercial uses that support the growth and retention of the City’s industrial base . The few uses that have been added or clarified in the Research and Technology (RT) district will not change the character of the existing Industrial General (IG) or Industrial Limited (IL) zoning districts and the uses authorized therein. 3. A community need is demonstrated for the change s proposed in that the current industrial land use controls and development standar ds do not reflect the current business market or provide for business needs, growth or retention. The ZTA will establish new land use classifications and development standards that allow for a scaled injection of commercial uses into primary industrial space as a means to support both existing and new businesses by providing spatial needs above what current standards allow. The ZTA will ensure the HBZSO is clear, current, and adapted to market trends. 4. Its adoption will be in conformity with public conve nience, general welfare and good zoning practice because ZTA No. 18-002 ensures the HBZSO is clear, current, reflective of market trends, and validates the City’s ongoing effort to support changing employment demand. 337 338 339 EXHIBIT A Chapter 204 USE CLASSIFICATIONS 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this title. The director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The director’s decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. E. Residential Care, Limited. Twenty-four-hour non-medical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. G. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring, child care, and career counseling. Supportive housing uses are subject only to those 340 EXHIBIT A restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. H. Transitional Housing. Temporary housing (generally six months to two years) for a homeless individual or family who is transitioning to permanent housing. This type of housing includes multi- family unit developments and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Transitional housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. (3334-6/97, 3669-12/04, 3857-2/10) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. 3. Emergency Kitchens. Establishments offering food for the “homeless” and others in need. 4. Emergency Shelters. Establishments offering food and shelter programs for “homeless” people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. 341 EXHIBIT A D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. F. Day Care, Large-Family. Non-medical care and supervision for seven to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. G. Day Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. K. Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities. M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97, 3669-12/04) 342 EXHIBIT A 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists’ Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors’ yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.) 343 EXHIBIT A H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber café having more than four coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. 344 EXHIBIT A P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. Reserved. S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. T. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. V. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios. W. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry- cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated by Chapter 5.24. X. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). Z. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. AA. Sex-Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. 345 EXHIBIT A BB. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. CC. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. DD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. EE. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. FF. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period, including, but not limited to, the storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but not including vehicle dismantling. GG. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25% of guest units, and “suite” hotels may 346 EXHIBIT A have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium-Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units) within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. HH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. II. Quasi Residential. 1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any arrangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. (3334-6/97, 3378-2/98, 3568-9/02, 3669- 12/04, 3757-1/07, 3774-10/07, 3788-12/07, 3842-11/09) 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. Small-Scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food 347 EXHIBIT A processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. C. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification in- cludes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. 1. This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. 2. This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope. 3. This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. F. Alcoholic Beverage Manufacturing. The manufacture or production of beer, wine, cider, or distilled spirits by any person licensed by the Department of Alcoholic Beverage Control of the State of California and includes the sale or distribution of said products both within and without the jurisdiction of the City. G. RT Flex Space. Any combination of manufacturing, research and development, testing, distribution, warehouse and storage space, including retail and/or showroom (max 10% gross floor area), eating and drinking (max 10% gross floor area), and offices (max. 30% gross floor area) are permitted by right when complying with a minimum 1 parking space per 500 gross square feet parking requirement. (3334-6/97) 348 EXHIBIT A 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers’ units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.) D. Personal Property Sales. Sales of personal property by a resident (“garage sales”) for a period not to exceed 48 consecutive hours and no more than once every six months. E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes “model homes.” F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 96 consecutive hours (four days) no more than once every three months. G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. K. Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive hours and not more than once every three months. (3334-6/97, 3521-2/02, 3669-12/04, 3724-2/06) 204.18 Prohibited Uses—Medical Marijuana Businesses A. Purpose. In order to expressly inform the public that any distribution of marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. For purposes of this section, the following term is defined: 349 EXHIBIT A 1. Medical Marijuana Business, Collective, Cooperative or Dispensary means any location, structure, facility, vehicle, business, store, co-op, residence, or similar facility used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the distribution of marijuana. C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Medical Marijuana Business, Collective, Cooperative or Dispensary in the City. D. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. E. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. (4059-5/15, 4058-6/15, 4137-10/17) 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries A. Purpose. In order to expressly inform the public that any sale or distribution of non-medical marijuana by Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., however named is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. Unless otherwise specifically defined herein, the definitions contained within Adult Use of Marijuana Act shall apply to this Ordinance. 1. Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary means any location, structure, facility, vehicle, business, store, co-op, residence, or similar facility used, in full or in part, as a place at or in which marijuana (including marijuana for recreational use) is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the sale or distribution of non-medical marijuana. 2. Non-medical marijuana delivery means the commercial transfer of non-medical marijuana or non-medical marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical marijuana or non-medical marijuana products. 350 EXHIBIT A 3. Non-medical marijuana products means non-medical marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. C. Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary in the City. D. Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a permitted use in any zoning district or specific plan in the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of non-medical marijuana deliveries. E. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section is hereby declared a public nuisance and may be abated by the City. F. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this section in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this section. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. (4137-10/17) 204.22 Non-Medical Marijuana Cultivation A. Purpose. The purpose and intent of this section is to regulate the cultivation of non-medical marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code section 11362.2 authorizes the City to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence or accessory structure to a private residence. That section also authorizes the City to completely prohibit the cultivation of non-medical marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of marijuana is lawful in California under federal law. The Attorney General has not made such a determination. This section is not intended to interfere with the right of an individual 21 years of age or older to possess or cultivate non-medical marijuana, as provided for by Proposition 64. This section is not intended to give any person independent legal authority to grow non-medical marijuana; it is intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when cultivation is authorized by California law. 351 EXHIBIT A Furthermore, it is the purpose and intent of this section to require that non-medical marijuana allowed to be cultivated pursuant to Proposition 64 only be done so in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown in the City remains secured. B. Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates otherwise. If a word is not defined in this section, and not otherwise defined in state law, the common and ordinary meaning of the word shall apply. 1. Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. 2. Fully enclosed and secure structure means a space within a building that complies with the applicable Building Code and Zoning and Subdivision Ordinance, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material. 3. Indoors means inside a fully enclosed and secure structure or within a residential structure. 4. Non-medical marijuana means marijuana that is intended to be used for non-medical purposes pursuant to Health and Safety Code section 111362.1 et seq. 5. Non-medical marijuana cultivation means the planting, growing, harvesting, drying or processing of non-medical marijuana plants or any part thereof pursuant to Health and Safety Code section 11362.1 et seq., as those sections may be amended from time to time. 6. Outdoors means any location within the City that is not within a fully enclosed and secure structure. 7. Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character. 8. Private residence means a house, an apartment unit, a mobile home or other similar dwelling. C. Cultivation of non-medical marijuana. The following regulations shall apply to the cultivation of non-medical marijuana within the City: 1. Cultivation not in compliance with this section. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district or specific plan in the City to cultivate non- medical marijuana except as provided for in this Code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical marijuana. 2. Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district or specific plan in the City to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical marijuana. 352 EXHIBIT A 3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts and specific plans of the City, except for residential zones, mixed use zones, or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this section and state law. 4. Indoor cultivation in private residence. The indoor cultivation of non-medical marijuana in a residential zone, mixed use zone, or in a commercial zone on a parcel or premises with an approved private residence, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards: a. The primary use of the property shall be for a residence. Non-medical marijuana cultivation is prohibited as a home occupation. b. All areas used for cultivation of non-medical marijuana shall comply with the Huntington Beach Municipal Code including the Zoning and Subdivision Ordinance, as well as applicable law. c. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Lights shall be located away from combustible materials and a minimum of 30 inches from fire sprinklers. d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical marijuana is prohibited. e. Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the Huntington Beach Municipal Code, including the Zoning and Subdivision Ordinance. f. A fully enclosed and secure structure used for the cultivation of non-medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum 10-foot setback from any property line as well as any other applicable development standards of the zoning district. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage. g. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation. h. Non-medical marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence. i. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for non-medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing. j. Cultivation of non-medical marijuana shall only take place on impervious surfaces. 353 EXHIBIT A k. From a public right-of-way, there shall be no exterior evidence of non-medical marijuana cultivation occurring on the parcel. l. Non-medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age. m. Written consent of the property owner to cultivate non-medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the Chief of Police or his/her designee. n. A 2A:10B:C portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room where the cultivation occurs. D. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section is hereby declared a public nuisance and may be abated by the City. E. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this section in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this section. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. (4137-10/17) 354 EXHIBIT B 1 Chapter 212 I INDUSTRIAL DISTRICTS 212.02 Industrial Districts Established Three Two Iindustrial zoning districts are established by this chapter as follows: A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94, 4039-12/14) C. The RT Research and Technology District provides sites for manufacturing, research and development, technology, and professional offices in addition to traditional industrial uses. These three districts will herein be referred to as the “Industrial Districts.” 212.04 IG, and IL, and RT Districts—Land Use Controls In the following schedules, letter designations are used as follows: “P” designates use classifications permitted in the Industrial dDistricts. “L” designates use classifications subject to certain limitations prescribed by the “Additional Provisions” which follow. “PC” designates use classifications permitted on approval of a conditional use permit by the Planning Commission. “ZA” designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. “TU” designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. “P/U” for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the “Additional Provisions” column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG, and IL, and RT Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use - = Not Permitted 355 EXHIBIT B 2 IG IL RT Additional Provisions Residential Group Residential PC PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P P (K) Day Care, General ZA ZA ZA Heliports PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safety Facilities P P P Religious Assembly ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Major PC PC PC Utilities, Minor L-7 L-7 L-7 (O) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hospitals ZA ZA ZA Artists’ Studios P P P Banks and Savings and Loans L-1 L-1 L-1 Building Materials and Services P P P Catering Services - P P Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating & Drinking Establishments L-3 L-2 L-3 L-2 L-2 w/Live Entertainment ZA ZA ZA (R)(T) w/Alcohol ZA ZA ZA Food & Beverage Sales ZA ZA ZA Hospitals and Medical Clinics - PC PC Laboratories P P P 356 EXHIBIT B 3 IG IL RT Additional Provisions Maintenance & Repair Services P P P Marine Sales and Services P P P Nurseries P P P Offices, Business & Professional L-1 L-10 L-1 L-10 L-10 (C)(G) Personal Enrichment L-9 L-9 L-9 (T) Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research & Development Services P P P Sex-Oriented Businesses (regulated by Ch. 5.70) L-11 L-11 L-11 Sex-Oriented Businesses (regulated by Ch. 5.60) PC PC PC (Q) Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair P P P Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage P ZA PC (H)** Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industry, Custom P P P Industry, General P P P Industry, Limited P P P Industry, R & D P P P Wholesaling, Distribution & Storage P P 150,000 square feet or less P P P Greater than 150,000 square feet P P ZA RT Flex Space - - P Alcoholic Beverage Manufacturing P P P (L-13) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) 357 EXHIBIT B 4 IG IL RT Additional Provisions Temporary Uses Commercial Filming, Limited P P P (S) Real Estate Sales P P P Trade Fairs P P P (E) Nonconforming Uses (F) IG, and IL, and RT Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: A. Minimum site area: three acres. B. Maximum commercial space: 35% of the gross floor area and 50% of the ground floor area of buildings fronting on an arterial highway. C. Phased development: 25% of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include five percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator Permitted only when designed and oriented operated for principal use by employees of the surrounding industrial development as an ancillary use to a primary industrial use. or wWhen designed for general public use, permitted after considering vehicular access and complying with minimum parking requirements. L-3 Reserved. Allowed upon approval of a conditional use permit by the Zoning Administrator when in a freestanding structure or as a secondary use in a building provided that no more than 20% of the floor area is occupied by such a use. L-4 Only fueling stations offering services primarily oriented to businesses located in an Industrial District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. See Section 230.44, Recycling Operations. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. 358 EXHIBIT B 5 L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 conditional use permit from the Zoning Administrator if the space is over 5,000 square feet. L-10 Reserved. Accessory administrative, management, regional or headquarters offices incidental to a primary industrial use within the IG and IL Districts are limited to 10% of the floor area of the primary industrial use. Accessory office uses incidental to a primary use within the RT District are limited to 30% of the floor area of the primary use. Accessory office spaces exceeding the limits above shall require a conditional use permit to the Zoning Administrator supported by a parking demand study for all uses on site. Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any Industrial District. L-11 Allowed subject to the following requirements: A. A proposed sex-oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a “sensitive use”) and at least 750 feet from another sex-oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex-oriented business to the lot line of the sensitive use or the other sex-oriented business. The term “residential use” means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex-oriented business is proposed which includes all the proposed parking and: 1. The lot line of any other sex-oriented business within 750 feet of the lot line of the proposed sex-oriented business; and 2. The lot line of any building used for religious assembly, school, or park and recreational facility within 500 feet of the lot line of the proposed sex-oriented business; and 3. The lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within 500 feet of the lot line of the proposed sex-oriented business. B. The front façade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community Development Department staff review of a sex-oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within 10 days of submittal, the director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within 10 days. Within 30 days of receipt of a completed application, the director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 359 EXHIBIT B 6 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking and Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. 2. Section 233.08(B), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance except a. Such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict “specified anatomical areas” or “specified sexual activities”; and b. Only the smallest of the signs permitted under Section 233.08(B) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The director shall grant or deny the application for a sex-oriented business zoning permit for a sex-oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten working days prior to submittal of an application for a sex-oriented business zoning permit for staff review, the applicant shall: (1) cause notice of the application to be printed in a newspaper of general circulation; and (2) give mailed notice of the application to property owners within 1,000 feet of the proposed location of the sex-oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex-oriented business, including street address (if known) and/or lot and tract number; 3. Nature of the sex-oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be 10 working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex-oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or 2. The use is established. 360 EXHIBIT B 7 H. The validity of a sex-oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the director of the transfer. I. A sex-oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-13 Alcoholic Beverage Manufacturing Requirements 1. Alcoholic Beverage Manufacturing uses without eating and drinking for public sales or service are permitted. 2. A maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per business shall be permitted through an Administrative Permit with Neighborhood Notification pursuant to Chapter 241. 3. Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet per business shall require a conditional use permit by the Zoning Administrator. (A) Repealed. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10% of the floor area of the primary industrial use. Accessory office uses greater than the maximum allowable percentage of the floor area of the primary industrial use shall require a conditional use permit from the Zoning Administrator and a parking demand study demonstrating the adequate provision of on-site parking for all uses contained onsite. (D) In IG and IL Districts only, Adjunct office and commercial space excluding business and professional office, not to exceed 25% of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (E) See Section 241.22, Temporary Use Permits. (F) See Chapter 236, Nonconforming Uses and Structures. (G) Reserved. Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10% of the total amount of space on the site of the industrial use. 361 EXHIBIT B 8 (H) Only in the IG and IL districts, Aautomobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (1) The site shall not be located within 660 feet of an R district. (2) All special metal cutting and compacting equipment shall be completely screened from view. (3) Storage yards shall be enclosed by a solid six-inch concrete block or masonry wall not less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (4) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. **In the RT districts, automobile storage and/or impound yards are subject to the approval of a conditional use permit by the Zoning Administrator unless located within 300 feet of an R district. Within 300 feet of an R district, automobile storage and/or impound yards are subject to a conditional use permit by the Planning Commission. Auto storage uses on public agency owned property shall be permitted without a conditional use permit. (I) Limited to facilities serving workers employed on-site. (J) Limited to single room occupancy uses. (See Section 230.46.) (K) Limited to emergency shelters. (See Section 230.52, Emergency Shelters.) (L) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building’s floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (M) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than one-third of the site for outdoor operation. (N) See Section 230.40, Helicopter Takeoff and Landing Areas. (O) See Section 230.44, Recycling Operations. (P) See Section 230.50, Indoor Swap Meets/Flea Markets. (Q) See L-11(A) relating to locational restrictions. (R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (S) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Community Development Director. (T) Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, 3703-3/05, 3708-6/05, 3724- 02/06, 3788-12/07, 3843-11/09, 3860-2/10, 4039-12/14, 4092-10/16) 362 EXHIBIT B 9 212.06 IG, and IL, and RT Districts—Development Standards The following schedule prescribes development standards for the I Industrial Districts. The first two three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the “Additional Requirements” column reference requirements following the schedule or located elsewhere in this title. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. IG IL RT Additional Requirements Minimum Lot Area (sq. ft.) 20,000 20,000 15,000 (A)(B) Minimum Lot Width (ft.) 100 100 75 (A)(B) Minimum Setbacks (A)(C) Front (ft.) 10; 20 10; 20 10; 20 (D) Side (ft.) 0 15 0 (E)(F) Street Side (ft.) 10 10 10 Rear (ft.) 0 0 0 (E) Maximum Height of Structures (ft.) 40 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 1.0 Minimum Site Landscaping (%) 8 8 8 (H)(I) Fences and Walls See § 230.88 Off-Street Parking and Loading See Ch. 231 (J) Outdoor Facilities See § 230.74 Screening of Mechanical Equipment See § 230.76 (K) Refuse Storage Area See § 230.78 Underground Utilities See Ch. 17.64 Performance Standards See § 230.82 (L) (N) Nonconforming Uses and Structures See Ch. 236 Signs See Ch. 233 363 EXHIBIT B 10 IG, and IL, and RT Districts: Additional Development Standards (A) See Section 230.62, Building Site Required, and Section 230.64, Development on Substandard Lots. (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (C) See Section 230.68, Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (D) The minimum front setback shall be 10-feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10-foot setback is required. All Industrial Districts. An additional setback is required for buildings exceeding 25-feet in height (one foot for each foot of height) and for buildings exceeding 150 feet in length (one foot for each 10 feet of building length) up to a maximum setback of 30-feet. (E) In all Industrial dDistricts, a 15-foot setback is required abutting an R district and no openings in buildings within 45-feet of an R district. (F) A zero-side yard setback may be permitted in the Industrial dDistricts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance -free masonry material and the opposite side yard is a minimum of 30-feet. Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yard opposite a zero-side yard on one lot, if an abutting side yard at least 15-feet wide is provided and access easements are recorded ensuring a minimum 30- foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped area is provided solely for loading and unloading entirely within the building. (G) See Section 230.70, Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18-feet. (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A six-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (I) See Chapter 232, Landscape Improvements. (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45-feet of an R district. (K) See Section 230.80, Antennae. (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150-feet of an R district until a report prepared by a California state-licensed acoustical engineer is approved by the director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. 364 EXHIBIT B 11 (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94, 4039-12/14) (N) Performance Standards. The following regulations provided herein apply to all activities, processes, and uses within the Industrial Districts and are provided solely for reference in conjunction with Chapter 230.82. Existing and proposed uses within the Industrial Districts must conform to all federal, state, and City laws, ordinances, and standards at all times. 1. Dust, Fumes and Odors. Emissions of dust, odors, smoke, fumes or particulate must comply with all rules established by the Environmental Protection Agency (EPA) (Code of Federal Regulations, Title 40), the California Air Resources Board (CARB), and the South Coast Air Quality Management District (SCAQMD) or their successor agencies. 2. Electromagnetic Interference. No electromagnetic interference with electronic equipment beyond the property line shall be permitted and shall be in compliance with applicable Federal Communications Commission (FCC) regulations. 3. Glare. Significant, direct glare shall not be visible beyond the property line of the applicable use. 4. Heat and Humidity. Heat emitted shall not increase the temperature of another property in excess of five degrees Fahrenheit. 5. Noise. Chapter 8.40 of the Municipal Code, Noise Control, shall be enforced. 6. Waste Disposal Discharge. Discharge of any liquids or solids into any body of water, watercourse, sewage system, or ground shall not be permitted, except in compliance with applicable regulations of the State of California Santa Ana Regional Water Quality Control Board or their successor agency. 7. Waste Containment. Storage and handling of wastes shall be practiced so as to prevent nuisance, health, safety and fire hazards. Any hazardous waste shall be stored in a closed container. 8. Vibration. Vibration transmitted through the ground shall not be produced with the exception of vibration from temporary uses, i.e. construction and vehicles entering and exiting. 9. Location of Measurements. Measurements for determining compliance with the standards of this Section shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance. 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. B. Design Review Board. See Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Commission. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94, 3708-6/05, 3869-3/10, 4039-12/14, 4092-10/16) 365 EXHIBIT C Chapter 231 OFF-STREET PARKING AND LOADING PROVISIONS 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, “major alteration or enlargement” shall mean a change of use, an expansion of greater than 50% of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. B. Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: 1. A multifamily residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; 2. A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and 3. A nonresidential use with nonconforming parking may be expanded less than 50% of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50% or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter. C. Spaces Required for Alteration or Enlargement. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces. D. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06(A), but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. E. Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person’s possession as the structure or use. Such possession may be by deed or long-term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded 366 EXHIBIT C document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. a. Oversized vehicles (see Chapter 203, Definitions), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts. b. Commercial oversized vehicles (see Chapter 203, Definitions) or special purpose machines shall be prohibited in any yard area. 2. Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232. 3. Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. 4. Nonresidential Parking in R Districts. Nonresidential parking serving adjacent commercial or industrial uses shall not be located in any R-zoned property. F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required. G. Other Requirements. 1. Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation. 2. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3334-6/97) 231.04 Off-Street Parking and Loading Spaces Required A. Nonresidential uses shall provide one loading space (minimum 14 feet in width, 20 feet in length, and 14 feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for nonresidential uses with less than 20,000 square feet of gross floor area. 367 EXHIBIT C B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant’s expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. C. The director may allow a parking reduction for a change of use if the increase in the required parking is not more than five spaces. The change of use request must be on a site with two or more uses, have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with state handicap regulations as mandated by state law and applicable to parking requirements. This provision shall not apply to applications for development within the coastal zone that necessitate a Coastal Development Permit. Off-Street Parking Spaces Required: Schedule A Use Classification Off-Street Parking Spaces Residential Single-family dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing dwellings 0-4 bedrooms 2 enclosed and 2 open* 5 or more bedrooms 2 enclosed per unit and 3 open per unit* In the RMH-A district 2 enclosed spaces per unit with up to 3 bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multifamily dwellings Studio/1 bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed) per unit 3 or more bedrooms 2.5 spaces (1 enclosed) per unit Guests 0.5 space per unit Senior Studio/1 bedroom 1 covered space per unit 2 bedrooms 1.5 spaces per unit (1 covered) Manufactured homes 2 spaces per unit; 1 covered, and 1 may be behind 368 EXHIBIT C the first Guest 1 per 3 manufactured homes Rooming house 1 space per guest room; plus 1 space per owner/manager; plus 1 space per each 10 guest rooms Residential care, limited 1 per 3 beds Public and Semi-Public Clubs and lodges 1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches = 1 seat), whichever is greater Cultural facilities 1 per 300 sq. ft. gross floor area Day care, general 1 per staff member plus 1 per classroom Government offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and service facilities 1 per 500 sq. ft. Park and recreation facilities As specified by conditional use permit for private facilities Public safety facilities As specified by the conditional use permit Religious assembly 1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 inches = 1 seat), whichever is greater Residential care, general 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, public or private Preschools, nursery day care 1 per staff member, plus 1 per classroom Elementary, junior high 1.5 per classroom High school/college 7 per classroom Trade schools, music conservatories 1 per 35 sq. ft. of instruction area Utilities, major As specified by conditional use permit Commercial Ambulance services 1 per 500 sq. ft.; plus 2 storage spaces Animal sales and services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. 369 EXHIBIT C Artists’ studios 1 per 1,000 sq. ft. Banks and savings & loans 1 per 200 sq. ft. Drive-up service Queue space for 5 cars per teller Building materials and services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area Catering services 1 per 400 sq. ft. Commercial recreation and entertainment Bowling alleys 3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas Electronic game centers 1 per 200 sq. ft. Health clubs 1 per 200 sq. ft. except that area designated for group instruction shall be parked at a ratio of 1 per 100 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker’s unit Tennis/racquetball 3 per court Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other commercial recreation and entertainment As specified by the Zoning Administrator or Planning Commission Communications facilities 1 per 500 sq. ft. Eating and drinking establishments With less than 12 seats 1 per 200 sq. ft. With more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses With dancing Plus 1 per 50 sq. ft. of dancing area With drive through service Plus queue space for 5 cars per service window Food and beverage sales 1 per 200 sq. ft. Furniture and appliance stores 1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5 Funeral and interment services 1 per 35 sq. ft. of seating space Hardware stores 1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5 Horticulture, limited 1 per 2 acres Laboratories 1 per 500 sq. ft. Maintenance and repair services 1 per 500 sq. ft. Marine sales and services 1 per 500 sq. ft. 370 EXHIBIT C Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area Offices, business and professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, medical and dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn shops 1 per 200 sq. ft. Personal enrichment services 1 per 35 sq. ft. of instruction area; or maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75% of floor area Personal services 1 per 200 sq. ft. Research and development services 1 per 500 sq. ft. Retail sales not listed under another use classification 1 per 200 sq. ft. Sex-oriented business Cabaret With less than 12 seats 1 per 200 sq. ft. With 12 seats or more 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with 3 or more uses Encounter center 1 per 35 sq. ft. of instruction area Escort bureau 1 per 250 sq. ft. Hotel/motel 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager’s unit and parking for other uses as required by this schedule Mini-motion picture theater, motion picture theater or motion picture arcade 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Retail sales 1 per 200 sq. ft. Swap meets, indoor/flea markets 1 per 100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study Vehicle/equipment sales and services Automobile rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1/200 371 EXHIBIT C sq. ft. auto service area Automobile washing (car wash) Full-service (attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service stations Full-serve/repair garage 1 per 500 sq. ft. but no less than 5 Self-serve 2 With convenience markets 1 per 200 sq. ft. of retail space but no less than 8 With self-serve car wash 4 With self-serve car wash and convenience market 10 Vehicle/equipment repair 1 per 200 sq. ft. but no less than 5 Vehicle/equipment sales and rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area Vehicle storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor accommodations Bed and breakfast 1 per guest room plus 1 guest and 1 manager/owner space Hotels, motels 1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager’s unit and parking for other uses as required by this schedule Single room occupancy residential hotels 1 per unit, 10% shall be designated as visitor parking; 1 per passenger transport vehicle (minimum of 1 stall), 1 loading space, and 2 spaces for any manager’s unit, plus 0.5 per all remaining personnel Warehouse and sales outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (Maximum 10% office area in IG or IL District Maximum 30% office area in RT District ) Manufacturing, research assembly, packaging 1 per 500 sq. ft. Wholesaling, warehousing and distributing space 1 per 1,000 sq. ft. Offices 1 per 250 sq. ft. if office area exceeds 10% of gross 372 EXHIBIT C floor area in IG or IL District; 30% in RT District Outside uses: storage, wrecking/ salvage and lumber yards 1 per 5,000 square feet of lot area, but no less than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for caretaker’s unit * Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first -come, first-serve basis. (3334-6/97, 3378-2/98, 3494-5/01, 3526-2/02, Res. 2004-80-9/04, 3677-12/04) 231.06 Joint Use Parking A. In the event that two or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. B. The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: 1. The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3334-6/97) 231.08 Reduced Parking for Certain Uses A. The Zoning Administrator may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule A in Section 231.04, provided that the following findings are made: 1. The parking demand will be less than the requirement in Schedule A; and 2. The proposed use of the building or structure, will not generate additional parking demand; and 3. A transportation demand management plan which exceeds the minimum required by Section 230.36 has been approved by the director. 373 EXHIBIT C B. The Zoning Administrator may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant’s request and expense as a basis for approval of a reduction in required parking. (3334-6/97, 3526-2/02, 3677-12/04) 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an “in-lieu” fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval. (3334- 6/97) 231.12 Parking Spaces for the Handicapped New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in state law. (3334-6/97) 231.14 Parking Space Dimensions Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. Aisle Width1 Angle of Parking Stall Width Stall Depth 1-way 2-way 0° (Parallel) 9 192 12 20 30° 9 19 14 20 45° 9 19 15 20 60° 9 19 20 20 90° 9 19 26 26 Residential 9 19 25 25 Bicycle 8 17 subject to § 231.20 1 Minimum 24 feet when determined by Fire Department to be a fire lane. 2 With 8 ft. striped maneuvering area between every 2 spaces. 374 EXHIBIT C Striping Requirements—Diagram A (3334-6/97) 231.16 Application of Dimensional Requirements A. Relation to Walls and Posts/Columns. A parking space on a site with more than five parking spaces and which is adjacent to a wall over 12 inches in height shall be increased in width by three feet. Post/columns may be permitted along the side of each space only within three feet of the head and foot of each stall. B. Vertical Clearance. 1. Vertical clearance for parking spaces shall be seven feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71). 2. For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front five feet of a parking space. 375 EXHIBIT C C. Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall, building or walkway. D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front two feet of the required 19-foot length for a parking space may overhang the planter as provided in Chapter 232. (3334-6/97) 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. B. Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single- family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B. 376 EXHIBIT C Commercial Center Main Entrance for Parking Lots With Over 200 Spaces Diagram B A minimum three-foot-by-three-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the director. 377 EXHIBIT C Turnaround Space and Maneuvering Area Diagram C C. Illumination. 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. D. Residential Parking. 1. Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. 3. Turning Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet (see Diagram D). Turning Radius 378 EXHIBIT C Diagram D 4. Driveway Width. Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings 20 ft. for multifamily dwellings Greater than 150 feet 20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parking. All guest parking shall be fully accessible. 6. Coastal Zone. The following requirements shall apply to residential development in the Coastal Zone. a. Each dwelling unit located in the Coastal Zone shall have a minimum of two on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius. b. The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the public for vehicular, bicycle and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g., gates, gate/guard houses, guards, signage, etc.) and restriction on use by the general public (e.g., preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. 8. Privacy Gates. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: a. Fire Department approval for location and emergency entry. b. Public Works Department approval of stacking and location. c. Postmaster approval of location for mail boxes or entry for postal carrier. d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking. e. No adverse impacts to public coastal access, including changes in the intensity of use of water, or access thereto, shall result from installation of the privacy gates. 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four-foot projection may be permitted above a height of 14 feet. 379 EXHIBIT C 10. Storage Space. One hundred cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four parking spaces on-site. E. Nonresidential Parking and Loading. 1. Designated Parking. Parking spaces within an integrated, nonresidential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the director. 2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits. a. Fire Department approval for location and emergency entry. b. Public Works Department approval of stacking and location. c. Postmaster approval of location for mail boxes or entry for postal carrier. d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking. e. No adverse impacts to public coastal access, including changes in the intensity of use of water, or of access thereto, shall result from installation of the privacy gates. 3. Minimum Driveway Width. Twenty-five feet when providing access to the rear of a structure. 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties. 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned for general planned residential. 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. 8. Parking Spaces. Parking spaces shall not be utilized or occupied by any other use or for any other purpose than as parking for the associated on-site uses as required by this chapter, unless in compliance with Section 231.06, Joint Use Parking. F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and 380 EXHIBIT C temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: 1. Paving shall be two inches of asphalt over compacted native soil, or as approved by the department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three feet in height, solidly built. At a minimum, posts shall consist of four-inch by four-inch wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in the ground and placed eight feet on center. The posts shall be connected with at least one strand of half-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. 3. Temporary parking lots shall have landscaped planters with an inside dimension of three feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be six feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. 6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the director. 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. 8. An approved fire extinguisher shall be provided on the premises during business hours. 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $1,000,000.00 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the director prior to issuance of a certificate to operate. G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a Coastal Development Permit. All parking structures shall comply with the following requirements: 381 EXHIBIT C 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10%. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of five percent. 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state- registered traffic engineer. 3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a Coastal Development Permit. (3334-6/97, 3526-2/02, Res. 2004-80- 9/04, 3677-12/04, 3758-1/07, 3763-3/07, Res. 2009-36-9/09) 231.20 Bicycle Parking A. Bicycle Parking Requirements. 1. Nonresidential Uses. a. Buildings up to 50,000 square feet of gross building area: One bicycle space for every 25 automobile parking spaces required; minimum of three. b. Buildings over 50,000 square feet of gross building area: The director shall determine the number of bicycle spaces based upon the type of use(s) and number of employees. 2. Multiple-Family Residential Uses. One bicycle space for every four units. B. Facility Design Standards. Bicycle parking facilities shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located on the lot, close to the building entrance as possible for patrons and employees, and protected from damage by automobiles. (3334-6/97, 3677- 12/04, 3763-3/07) 231.22 Driveways—Visibility Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88. (3334-6/97) 382 EXHIBIT C 231.24 Landscape Improvements Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232. (3334-6/97) 231.26 Parking Area Plan Required Prior to the construction, reconstruction, or re-striping of an off-street parking area, a parking area plan shall be submitted to the director for the purpose of indicating compliance with the provisions of this section. This plan shall include: A. Location and description of fencing and architectural screen walls. B. Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards. C. Location and placement of lights provided to illuminate the parking area. D. A drainage plan showing drainage to a public way in accordance with accepted standards or practices. E. A landscape, planting and irrigation plan prepared consistent with the requirements of Chapter 232. F. Existing off-street parking areas that were approved at a reduced dimension (e.g., width, length, aisle width) may be reconstructed and re-striped or only re-striped at their previous reduced dimension. G. When re-striping, parking stalls shall be as depicted in Section 231.14, Diagram A. H. If a parking area is proposed to only be re-striped, no landscape, drainage, or lighting plan is required. Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97, 3677-12/04) 231.28 Oceanside or On-Street Parking Within the Coastal Zone If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the Coastal Development Permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available. (3334-6/97) 383 Attachment #6 - Planning Commission Recommendation for Auto Storage 8 (H) Only in the IG and IL districts, Aautomobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (1) The site shall not be located within 660 feet of an R district. (2) All special metal cutting and compacting equipment shall be completely screened from view. (3) Storage yards shall be enclosed by a solid six-inch concrete block or masonry wall not less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (4) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. **In the RT districts, automobile storage and/or impound yards are subject to the approval of a conditional use permit by the Zoning Administrator unless located within 300 feet of an R district. Within 300 feet of an R district, automobile storage and/or impound yards are subject to a conditional use permit by the Planning Commission. Auto storage uses on public agency owned property shall be permitted without a conditional use permit. (I) Limited to facilities serving workers employed on-site. (J) Limited to single room occupancy uses. (See Section 230.46.) (K) Limited to emergency shelters. (See Section 230.52, Emergency Shelters.) (L) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building’s floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (M) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than one-third of the site for outdoor operation. (N) See Section 230.40, Helicopter Takeoff and Landing Areas. (O) See Section 230.44, Recycling Operations. (P) See Section 230.50, Indoor Swap Meets/Flea Markets. (Q) See L-11(A) relating to locational restrictions. (R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (S) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Community Development Director. (T) Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, 3703-3/05, 3708-6/05, 3724- 02/06, 3788-12/07, 3843-11/09, 3860-2/10, 4039-12/14, 4092-10/16) 384 City of Huntington Beach File #:19-708 MEETING DATE:7/9/2019 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Ursula Luna-Reynosa, Community Development Director BY:Hayden Beckman, Senior Planner SUBJECT: GENERAL PLAN AMENDMENT NO. 2019-001, ZONING MAP AMENDMENT NO. 2018-001, ZONING TEXT AMENDMENT NO. 2018-002 (COUNTY GOTHARD PROPERTY & RESEARCH AND TECHNOLOGY ZONING) REQUEST: GPA: To amend the General Plan Land Use Map designation on a 2.26-acre vacant parcel (APN 111-071-37) from current Open Space-Park (OS-P) to Research and Technology (RT);ZMA: To amend the Zoning Map designation in two existing industrial areas from Industrial General (IG), Industrial Limited (IL), and Commercial Office (CO) to Research and Technology (RT);ZTA: To amend three chapters of the Zoning and Subdivision Ordinance to establish land use zoning and development standards for the new Research and Technology (RT) zoning district. LOCATION: GPA: Subject parcel is located on the west side of Gothard Street at Prodan Drive.ZMA/ZTA: Existing industrial areas along the Gothard Street corridor (from south of Edinger Avenue to Ellis Avenue), and within the northwest industrial areas, generally bordered by Bolsa Avenue, Springdale Street, Edinger Avenue, and Bolsa Chica Street. APPLICANT: City of Huntington Beach PROPERTY OWNER: County of Orange and Multiple Various Property Owners BUSINESS OWNER: Multiple Various Business Owners City of Huntington Beach Printed on 7/3/2019Page 1 of 15 powered by Legistar™385 File #:19-708 MEETING DATE:7/9/2019 STATEMENT OF ISSUE: 1. Is the project consistent with the City of Huntington Beach land use regulations (i.e., General Plan land use designation, Zoning Map and Zoning Code including any specific plans and overlay districts where applicable)? 2. Does the project satisfy all the findings required for approving a Zoning Map Amendment and Zoning Text Amendment? 3. Has the appropriate level of environmental analysis been determined? RECOMMENDATION: That the Planning Commission take the following actions: A) Recommend approval of General Plan Amendment No. 19-001 and forward draft Resolution (Attachment No. 2) to the City Council for consideration. B) Recommend approval of Zoning Map Amendment No. 18-001 with findings (Attachment No. 1) and forward draft Ordinance (Attachment No. 3) to the City Council for consideration. C) Recommend approval of Zoning Text Amendment No. 18-002 with findings (Attachment No. 1) and forward draft Ordinance and Legislative Drafts (Attachment No. 4) to the City Council for consideration. ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A) Continue General Plan Amendment No. 19-001, Zoning Map Amendment No. 18-001, and Zoning Text Amendment No. 18-002 and direct staff to return with findings for denial. B) Continue General Plan Amendment No. 19-001, Zoning Map Amendment No. 18-001, and Zoning Text Amendment No. 18-002 and direct staff accordingly. PROJECT PROPOSAL: The proposed project includes the following requests: General Plan Amendment (GPA) 19-001: To amend the land use designation of a 2.26 acre vacant parcel, APN 111-071-37 (Attachment No. 2): ·from current Open Space - Park (OS-P) ·to Research and Technology (RT) Zoning Map Amendment (ZMA) 18-001: To amend the Zoning Map designation in two existing areas (Attachment No. 3): ·from Industrial General (IG), Industrial Limited (IL), or Commercial Office (CO) ·to Research and Technology (RT) Zoning Text Amendment (ZTA) 18-002:To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish land use zoning and development standards for the new Research and Technology (RT) zoning district (Attachment No. 4). City of Huntington Beach Printed on 7/3/2019Page 2 of 15 powered by Legistar™386 File #:19-708 MEETING DATE:7/9/2019 Background: To inform development of the RT Zone regulations, community engagement efforts included a variety of events and methods. In July 2018, staff and the City’s consultant, RRM Design Group, presented the undertaking to the City’s quarterly Brokers Briefing meeting and conducted two days of stakeholder meetings with businesses, landowners, City departments, community members, brokers, and other interested parties. Valuable feedback was provided from a local market perspective as well as community and code user viewpoints. Key themes included: streamlining processes and permitting, updating and allowing flexible uses, providing compatibility/performance standards, right- sizing parking regulations, and being forward-looking to accommodate advancing technologies and trends. In addition, project announcements were mailed to owners of all parcels in the RT study area in August 2018 advising of the City’s intent and invitation to participate. Regular updates and a frequently asked questions (FAQs) sheet were provided on the City’s website. While community engagement tasks were completed, RRM Design Group prepared two reports, a Market Analysis and Technical Background Analysis to enrich the data serving the project outcomes. The Market Analysis described potential market growth and development potentials for the industrial areas to be designated RT, as well as provided insight into development standard issues that might affect the economic feasibility of future development in the RT district. The Technical Analysis Report includes discussion of the existing regulatory setting, and a comparison of examples of RT or related land use zoning standards for relevant zoning examples. Further, the Technical Analysis Report summarized the key findings from the project’s community outreach and stakeholder interview process that was used to build a collaborative interest and consensus for the proposed zoning standards. Research and Technology The 2017 comprehensive update of the General Plan included a Land Use Element that introduced a new Research and Technology land use designation. The RT land use designation allows a maximum Floor Area Ratio of 1.0 and intends to permit a wide variety of nonresidential mixed-use development in existing industrial areas along the Gothard Street corridor (from south of Edinger Avenue to Ellis Avenue) and within the northwest industrial areas (bordered by Bolsa Avenue, Springdale Street, Edinger Avenue, and Bolsa Chica Street). The proposed project requests will result in a change in the land use designation upon a single parcel on the General Plan Land Use Map, the amendment of the corresponding Zoning Map to reflect all new RT land use designations, and the establishment of land use controls and development standards for the RT zoning district in the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) in order to implement the RT land use designation as prescribed by the General Plan Land Use Element. General Plan Amendment No. 19-001 The subject parcel of the General Plan Amendment request is an interior 2.6-acre portion of a site that comprises a portion of a former County landfill property. The remainder of the landfill site, a 9.42- acre parcel fronting Gothard Street, was amended to RT as part of the 2017 comprehensive General Plan update. However, the subject 2.6-acre portion of the site was inadvertently left out of the update and the General Plan Amendment will correct this omission. The subject parcel is also owned by the County, and is immediately west of the 9.42-acre vacant parcel (APN 111-071-35) currently City of Huntington Beach Printed on 7/3/2019Page 3 of 15 powered by Legistar™387 File #:19-708 MEETING DATE:7/9/2019 designated RT. Both properties are owned by the County, and function together as one vacant site. This action will bring the entire site under the RT designation for future use, and the new RT development standards to be established will subsequently apply to the entire 11.68-acre site. Study Session: The Planning Commission held two Study Sessions for the proposed project. May 28, 2019 At the first study session discussing the County Gothard Property and Research and Technology Zoning project, staff introduced the three requests of the project, to which the General Plan Amendment request to capture the County-owned Gothard parcel into the RT land use designation had been added. The Commission requested several items of clarification regarding future uses of the RT zone, identify future uses of the County Gothard parcel, and asked staff to include discussion of companion pieces to the project as a means to further implement the vision of the RT zoning district. June 11, 2019 At the second study session, staff introduced the legislative draft text changes of three chapters of the HBZSO, which constitute the scope of the Zoning Text Amendment request. Commission discussion included clarification of items to be modified with the project, including buffer requirements for auto storage and impound yards, the deletion of vehicle dismantling as a land use, and compatibility of future RT uses with traditional industrial uses. Further, the Commission requested that staff return with an analysis of the possibility of providing standards or other mechanism in the Zoning Text Amendment that would accommodate the installation of pedestrian sidewalks on properties within the RT zone. That analysis is provided for in the attached Companion Topics document (Attachment No. 5). ISSUES AND ANALYSIS: General Plan Conformance: To allow future land uses and development, the City’s existing Zoning Map must correspond to the General Plan Land Use Map adopted in 2017. The Zoning Map Amendment will formally establish the RT zoning designations by changing the existing zoning designations including IG (Industrial General), IL (Industrial Limited) and CO (Commercial Office) of certain properties to RT (Research and Technology), thereby making both the General Plan and Zoning Map land use designations consistent with one another. To complete the implementation of the RT zoning amendment, the Planning Commission must review, consider and recommend land use zoning and development standards for the new RT zoning district. The text changes proposed by staff in the attached legislative drafts detail the new language and updates to three chapters of the HBZSO that will provide such standards, as best prescribed by the vision of the General Plan Land Use Element. The three chapters to be amended are Chapter 204 (Use Classifications), Chapter 212 (Industrial Districts), and Chapter 231 (Off-Street Parking and Loading Provisions). City of Huntington Beach Printed on 7/3/2019Page 4 of 15 powered by Legistar™388 File #:19-708 MEETING DATE:7/9/2019 The proposed ZMA and ZTA requests are consistent with the goals and policies of the City’s General Plan including: 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. Policy LU-1 (C): Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Goal LU-5: Industrial businesses provide employment opportunities for residents, supporting the local economy. Policy LU-5 (A): Support and attract new businesses in the city’s industrial areas. Policy LU-5 (B): Encourage clean, less intensive industrial development in areas identified in the planning area. Policy LU-5 (C): Ensure proposed development and uses in industrial areas contribute to the City’s economic development objectives and do not minimize existing uses. Policy LU-5 (D): Explore opportunities to optimize use of underutilized or underperforming industrial land that is sensitive to surrounding uses, and to introduce new industrial uses that create jobs. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. Policy LU-13 (B): Capture emerging industries such as, but not limited to, “knowledge”-based industries and research and development firms. The 2017 General Plan Update identified target industries and opportunity areas in the Northwest Industrial and Gothard Corridor subareas where technology manufacturing and service industries provide a high potential for growth, and provided the direction to transform these areas. The ZTA and ZMA requests fulfill the vision of the 2017 General Plan Land Use Element by implementing the new RT zoning designation and establishing land use controls and development standards for the RT areas. The new development standards support the attraction of new industrial and ancillary commercial uses to the City and retention of existing businesses by providing new employment opportunities and an expansion of goods and services to the employees of local businesses and customers from the surrounding communities. The proposed amendments encourage the continuation of traditional industrial uses and introduction of new RT uses by reducing regulatory processes and allowing for more flexible use of building space to ensure the City is responsive to changing employment demand and industry while protecting the local industrial economic base. City of Huntington Beach Printed on 7/3/2019Page 5 of 15 powered by Legistar™389 File #:19-708 MEETING DATE:7/9/2019 Zoning Compliance: The following provides a review of the proposed amendments of the ZTA request in three sections, organized by sequential HBZSO chapter. A.Chapter 204 (Use Classifications) The project will introduce two new use classifications applicable to Industrial Districts: 1. Alcoholic Beverage Manufacturing. The manufacture or production of beer, wine, cider, or distilled spirits by any person licensed by the Department of Alcoholic Beverage Control of the State of California and includes the sale or distribution of said products both within and without the jurisdiction of the City. The existing HBZSO does not contain a specific land use classification for businesses that manufacture beer, wine, cider or distilled spirits, despite several entitlement approvals for such uses. For example, under the current code, a proposed brewery is classified as a manufacturing operation, and as a standalone use without the provision of on-site consumption, does not require discretionary approval. The introduction of the Alcoholic Beverage Manufacturing use formally establishes a definition of land use, and allows certain discretionary oversight as proposed in Chapter 212, discussed below. 2. RT Flex Space.Any combination of manufacturing, research and development, testing, distribution, warehouse and storage space, including retail and/or showroom (max 10% gross floor area), eating and drinking (max 10% gross floor area), and offices (max. 30% gross floor area) are permitted by right when complying with a minimum 1 parking space per 500 gross square feet parking requirement. Recognizing that the current HBZSO standards are neither reflective of the current business market nor provide for future business needs, growth, or retention, staff is recommending the RT Flex Space use classification to fill the gap between traditional industrial uses and commercial uses. The primary goal of this land use classification is to expand how both existing and new businesses can ‘flex’ their operations within their building space. This new land use classification originates from stakeholder input and market analysis and allows for a scaled injection of commercial uses into primary industrial space as a means to support both existing and new businesses by providing spatial needs above what current code allows. In any scenario, by-right approval of uses under this classification is predicated on the provision of required parking on-site. B.Chapter 212 (Industrial Districts) Section 212.02 Industrial Districts Established The ZTA provides reference to the third Industrial District, the RT Research and Technology District, and these reference changes are included throughout Chapter 212 without further reference in this staff report. Section 212.04 Land Use Controls The ZTA adds a third column next to the existing IG and IL columns in Section 212.04, which outlines City of Huntington Beach Printed on 7/3/2019Page 6 of 15 powered by Legistar™390 File #:19-708 MEETING DATE:7/9/2019 the approval procedure for each listed use classification. The RT column identifies land use approval procedures that mirror those for the IG and IL districts with the following exceptions: 1.Commercial Recreation and Entertainment Current process: Provision L-2, subject to CUP to ZA Proposed process: Subject to CUP to PC Commercial recreation and entertainment uses are commercial operations that create a high amount of vehicular traffic and parking demand, often including businesses that require large amounts of building space such as health and fitness clubs, theatres, bowling alleys, and shooting galleries. Parking, compatibility issues, and a desire to preserve the industrial base within the RT zone are the basis to recommend a higher level of discretionary review and analysis for these uses. 2.Eating and Drinking Establishments Current process: Provision L-3, subject to CUP to ZA in a free standing structure or as a secondary use in a building, maximum 20% of the floor area. Proposed process: Delete reference to Provision L-3, and insert reference to revised provision L-2; permitted by right only when operated as an ancillary use to a primary industrial use and for general public use after providing minimum parking on-site (1 space per 100 square feet). Removing the CUP requirement for new eating and drinking uses will encourage new restaurants, cafes, and similar uses to open, providing new jobs and services to the daily users of the RT zoning districts. In conjunction with the new RT Flex Space use classification discussed above, the ZTA fulfills the direction of the General Plan by providing a wider variety of commercial uses designed to accommodate employees while continuing to allow traditional industrial uses. 3.Offices Business & Professional Current process: Provision L-1, subject to CUP to ZA only for a mixed-use project with a minimum 3 acres site and other requirements; maximum 10% of gross floor area in IG and IL districts. Proposed process: Office areas for buildings in RT district permitted by right up to 30% of gross floor area (no additional parking required). No change to IG or IL districts. CUP to ZA to exceed The ZTA will remove Provision L-1 from Offices Business & Professional, thereby establishing the new criteria in Provision L-10, which permits office areas for buildings within the RT district to occupy a maximum 30% of gross floor area without providing additional parking, compared to the current maximum of 10% in the IG and IL districts. Further, the ZTA will delete the reference to Additional Provision (G), and add reference to Additional Provision (C). Additional Provision (G)’s existing requirements for accessory offices are to be included in Provision L- 10, and place new language in Additional Provision (C) identifying that accessory office spaces exceeding the maximum limits require a CUP from ZA supported by a parking demand study for all uses on site. Discussion of the deletion of Additional Provision (G) is provided City of Huntington Beach Printed on 7/3/2019Page 7 of 15 powered by Legistar™391 File #:19-708 MEETING DATE:7/9/2019 below. 4.Wholesaling, Distribution & Storage Current process: Permitted by right (no limitation on square feet). Proposed Process: Uses up to 150,000 gross square feet permitted by right, CUP to ZA for uses greater than 150,000 square feet. Large scale (>150,000 square feet) wholesaling and distribution uses require a high level of large truck traffic that creates adverse noise and circulation impacts to surrounding businesses, as well as the overall traffic movement of the surrounding community. Creating an entitlement requirement for large scale wholesale and distribution uses will act as a disincentive to locating such uses in the RT district, thereby preserving the flex industrial base for both traditional industrial uses and new RT Flex space uses as envisioned by the General Plan. Section 212.04 Additional Provisions In addition to the Land Use Controls revisions listed above, the ZTA will amend multiple elements of the Additional Provisions, as they would apply to the RT district. Additional Provision L-2 ·Delete reference to CUP to ZA ·Use is permitted only when designed and operated for principal use by employees of the surrounding industrial development as an ancillary use to a primary industrial use. ·For general public use, permitted upon consideration of vehicular access and complying with minimum parking requirements. ·Applies to Eating and Drinking Establishments and Commercial Recreation and Entertainment uses only. Additional Provision L-3 ·Placed in Reserved status and language deleted. Provisions for Eating & Drinking Establishments moved to L-2. Additional Provision L-4 ·Added ‘fueling’ reference to identify service stations per Planning Commission direction. Additional Provision L-6 ·Delete ‘day care’ from non-permitted status. General Day Care uses under current code (non-medical care for 13 or more persons on a less than 24 hour basis, including nursery schools, preschools, and day care centers for children or adults) are permitted subject to CUP to ZA in IG and IL districts. The same would apply in the RT district. Additional Provision L-9 City of Huntington Beach Printed on 7/3/2019Page 8 of 15 powered by Legistar™392 File #:19-708 MEETING DATE:7/9/2019 ·Upgrade approval from Administrative Permit Neighborhood Notification to a CUP to ZA for Personal Enrichment uses greater than 5,000 square feet. Additional Provision L-10 ·Remove Reserved status. ·Add provision for office areas within buildings in RT district permitted by right up to 30% of gross floor area (no additional parking required). ·No change to IG or IL districts (maximum 10% ancillary office with no additional parking required). ·CUP to ZA to exceed these maximums supported by a parking demand study. ·(From Additional Provision (G)): Medical/dental offices, insurance brokerage offices, and real estate brokerage offices except for on-site leasing offices are not permitted in any Industrial District. (New) Additional Provision L-13 ·Establish Alcoholic Beverage Manufacturing Requirements: o Alcoholic Beverage Manufacturing uses without eating and drinking for public sales or service are permitted. o Maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per business requires Administrative Permit with Neighborhood Notification. o Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet require CUP to ZA. ·Add “L-13” to Land Use Controls reference for Alcoholic Beverage Manufacturing uses. Additional Provision (C) ·Delete maximum 10% accessory office uses. ·Add CUP to ZA requirement for office areas exceeding maximum allowable percentage as established in L-10. ·Add “(C)” to Land Use Controls reference for Offices, Business & Professional. Additional Provision (D) ·Delete “adjunct office and”. Ancillary office criteria will be established in Additional Provisions L-10 and (C). ·Delete “any retail sales are limited to goods manufactured on-site.” This limitation is not consistent with goals of General Plan Land Use Element or vision of the RT district. ·Add reference to IG and IL districts only, since RT district has separate office and commercial space allowances. ·Add exclusion of business and professional office from 25% floor are allowance. Current code permits up to 25% of floor area of a primary industrial use to be commercial space subject to CUP to ZA. Subject ZTA allows office space up to 30% in City of Huntington Beach Printed on 7/3/2019Page 9 of 15 powered by Legistar™393 File #:19-708 MEETING DATE:7/9/2019 RT district and reference is therefore unnecessary. Additional Provision (G) ·Add Reserved status. ·Delete existing text. Office criteria will be established in Additional Provisions L-10 and (C). Additional Provision (H) ·Delete reference to “dismantling”. No known auto dismantling as primary use businesses exist. Such uses are incompatible with surrounding uses and inconsistent with goals and policies of the General Plan Land Use Element. ·Revise language to identify that within IL and RT districts, auto storage and/or impound yards are subject to CUP by ZA in lieu of PC. ·Revise criteria for vehicle storage uses in all Industrial districts: o Replace mandatory 660 linear foot buffer from an R district with Administrative Permit with Neighborhood Notification for vehicle storage uses within 660 linear feet of an R district. o Establish vehicle storage or impound yards on public agency owned property are permitted, subject to screening requirements. o Add language to establish screening requirements for permanent storage or impound yards. o Add language to establish screening requirements and disallow vehicle washing for temporary storage or impound yards. o Delete “items stacked” and refer to vehicles in storage yards shall not exceed height of screening walls or be visible from adjacent public streets. This would require that larger vehicles such as RVs be placed in the interior of a site to reduce visual impacts to surrounding properties. Additional Provision (R) ·Add Neighborhood Notification requirements when no other entitlement is required. This establishes an Administrative Permit process for non-amplified live entertainment requests located within 300 feet of a residential zone or use. Under current code, non- amplified live entertainment outside of 300 feet radius from residential zone or use is permitted. The City desires to review and conditionally approve such uses within the Industrial Districts to reduce potential impacts to surrounding uses. Additional Provision (T) ·Delete and add Neighborhood Notification requirement to (R). Additional Provision (T) is no longer necessary. Section 212.06 Development Standards City of Huntington Beach Printed on 7/3/2019Page 10 of 15 powered by Legistar™394 File #:19-708 MEETING DATE:7/9/2019 IG IL RT Additional Requirements Minimum Lot Area (sq. ft.)20,000 20,000 15,000 (A)(B) Minimum Lot Width (ft.)100 100 75 (A)(B) Minimum Setbacks (A)(C) Front (ft.)10; 20 10; 20 10; 20 (D) Side (ft.)0 15 0 (E)(F) Street Side (ft.)10 10 10 Rear (ft.)0 0 0 (E) Maximum Height of Structures (ft.) 40 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 1.0 Minimum Site Landscaping (%) 8 8 8 (H)(I) Fences and Walls See § 230.88 Off-Street Parking and Loading See Ch. 231 (J) Outdoor Facilities See § 230.74 Screening of Mechanical Equipment See § 230.76 (K) Refuse Storage Area See § 230.78 Underground Utilities See Ch. 17.64 Performance Standards See § 230.82 (L)(N) Nonconforming Uses and Structures See Ch. 236 Signs See Ch. 233 The development standards recommendations for the RT district are identical to the IG Industrial General standards, with the following exceptions: 1.Minimum Lot Area:Reduced to 15,000 gross square feet for new parcels. 2.Minimum Lot Width: Reduced to 75 linear feet for new parcels. 3.Maximum Floor Area Ratio:Increased to 1.0, as adopted by the 2017 General Plan Land Use Element. 4.Additional Provision (N):Provides performance standards for all Industrial Districts intended to protect public health, safety, comfort, convenience, and general welfare and to protect the industrial economic base of the City. Performance standards support industrial activities that do not adversely affect the health, happiness, and safety of the people living and working in nearby areas: City of Huntington Beach Printed on 7/3/2019Page 11 of 15 powered by Legistar™395 File #:19-708 MEETING DATE:7/9/2019 (N) Performance Standards.The following regulations provided herein apply to all activities, processes, and uses within the Industrial Districts and are provided solely for reference in conjunction with Chapter 230.82. Existing and proposed uses within the Industrial Districts must conform to all federal, state, and City laws, ordinances, and standards at all times. 1. Dust, Fumes and Odors.Excessive dust, odors, smoke, fumes or particulate shall not be emitted, unless otherwise permitted. Uses shall comply with all rules established by the Environmental Protection Agency (EPA) (Code of Federal Regulations, Title 40), the California Air Resources Board (CARB), and the South Coast Air Quality Management District (SCAQMD) or their successor agencies. 2. Electromagnetic Interference.No electromagnetic interference with electronic equipment beyond the property line shall be permitted and shall be in compliance with applicable Federal Communications Commission (FCC) regulations. 3. Glare.Significant, direct glare shall not be visible beyond the property line of the applicable use. 4. Heat and Humidity.Heat emitted shall not increase the temperature of another property in excess of five degrees Fahrenheit. 5. Noise. Chapter 8.40 of the Municipal Code, Noise Control, shall be enforced. 6. Waste Disposal Discharge.Discharge of any liquids or solids into any body of water, watercourse, sewage system, or ground shall not be permitted, except in compliance with applicable regulations of the State of California Santa Ana Regional Water Quality Control Board or their successor agency. 7. Waste Containment.Storage and handling of wastes shall be practiced so as to prevent nuisance, health, safety and fire hazards. Any hazardous waste shall be stored in a closed container. 8. Vibration.Vibration transmitted through the ground shall not be produced with the exception of vibration from temporary uses, i.e. construction and vehicles entering and exiting. 9. Location of Measurements. Measurements for determining compliance with the standards of this Section shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance. C.Chapter 231 Off-Street Parking and Loading Provisions The ZTA will amend Chapter 231.04 Off-Street Parking and Loading Spaces Required, Schedule A for Industrial Use Classifications: Industrial Speculative buildings 1 per 500 sq. ft. (Maximum 10% office area in IG or IL District Maximum 30% office area in RT District ) Manufacturing, research assembly, packaging 1 per 500 sq. ft. Wholesaling, warehousing and distributing space 1 per 1,000 sq. ft. Offices 1 per 250 sq. ft. if office area exceeds 10% of gross floor area in IG or IL District; 30% in RT District Outside uses: storage, wrecking/ salvage and lumber yards 1 per 5,000 square feet of lot area, but no less than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for caretaker’s unit City of Huntington Beach Printed on 7/3/2019Page 12 of 15 powered by Legistar™396 File #:19-708 MEETING DATE:7/9/2019 Industrial Speculative buildings 1 per 500 sq. ft. (Maximum 10% office area in IG or IL District Maximum 30% office area in RT District ) Manufacturing, research assembly, packaging 1 per 500 sq. ft. Wholesaling, warehousing and distributing space 1 per 1,000 sq. ft. Offices 1 per 250 sq. ft. if office area exceeds 10% of gross floor area in IG or IL District; 30% in RT District Outside uses: storage, wrecking/ salvage and lumber yards 1 per 5,000 square feet of lot area, but no less than 5 Mini-storage facilities Single-story 1 per 5,000 square feet Each additional story 1 per 2,000 square feet plus 2 spaces for caretaker’s unit As recommended in Chapter 212, staff proposes to allow up to 30% interior office area for buildings located within the RT zoning district. The proposed changes to Schedule A will ensure that readers of the HBZSO are aware of this requirement should those persons only read Chapter 231 seeking information regarding parking requirements. The ZTA does not propose to modify the minimum parking ratios in any manner. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The City Council adopted Program Environmental Impact Report (EIR) No. 14-001 for the General Plan Update in 2017, which included implementation of a new Research and Technology General Plan land use designation. The General Plan Program EIR projected growth and 2040 buildout numbers for non-residential development, including 463 acres of the RT land use designation. Thus, the General Plan EIR provides the environmental setting and analysis to serve as the first-tier California Environmental Quality Act (CEQA) document for the proposed project. Although the establishment of RT zoning land use controls and development standards through ZTA 18-002 will result in some changes or additions to the General Plan EIR, there will not be a change in the buildout characteristics that results in new significant impacts or an increase in the severity of a previously identified impact in the General Plan EIR. As analyzed in the draft Addendum to the General Plan Program EIR, the proposed GPA, ZTA, and ZMA will not result in an action that requires further evaluation pursuant to CEQA, and neither the Planning Commission nor the City Council will need to take action on the Addendum. Within the Industrial Districts (IG, IL, and RT), all future discretionary projects are subject to CEQA and may have potential project or site specific impacts that would require environmental review. Future review and analysis will be determined on a case by case basis. It should be noted that the GPA would affect a single parcel that is part of a former landfill that was closed in 1962. While the two parcels that make up the landfill site are located within the City of Huntington Beach, the property is owned by the County of Orange and managed by Orange County Waste & Recycling (OCWR). The property is subject to ongoing regulatory requirements including routine inspections, sampling events, reporting and maintenance associated with groundwater, surface water, and other environmental monitoring processes. OCWR has prepared a Mitigated Negative Declaration (MND) to allow for the removal of coastal sage scrub that currently grows on the property in an effort to permit a future land use on the property. The City is not the lead agency City of Huntington Beach Printed on 7/3/2019Page 13 of 15 powered by Legistar™397 File #:19-708 MEETING DATE:7/9/2019 the property in an effort to permit a future land use on the property. The City is not the lead agency for the MND but is coordinating with OCWR and the County regarding the coastal sage scrub removal efforts and mitigation. Upon adoption by the City Council, the RT land use controls and development standards proposed by ZTA 18-002 would be applicable to the County landfill site. Coastal Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Public Works Department, Fire Department, Office of Business Development, and Building Division have reviewed and participated in the drafting of the proposed RT language and development standards. Public Notification: Legal notice was published in the Huntington Beach Wave on June 27, 2019, notices were sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix), and notices were sent to property owners of parcels that will be designated RT as a result of the proposed project. As of July 3, 2019, two phone calls from property owners were received requesting additional information. Application Processing Dates: DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): Not applicable.Not applicable. SUMMARY: Staff recommends that the Planning Commission recommend approval of General Plan Amendment No. 19-001, and Zoning Map Amendment No. 18-001 and Zoning Text Amendment No. 18-002 with findings, and forward to the City Council in that the project: §Implements multiple goals and policies of the General Plan Land Use Element §Establishes land use controls and development standards for the Research and Technology zoning district that provide for new flexible requirements that will attract and retain new businesses and support the future needs of existing businesses. §Cleans up Chapter 212 Industrial Districts to reflect current market needs for new uses and development, and improve clarity by addressing minor inconsistencies. §Codifies existing policies and code interpretations and allows select entitlement requests to be reviewed by a more appropriate hearing body or to be permitted by right in the new RT district. City of Huntington Beach Printed on 7/3/2019Page 14 of 15 powered by Legistar™398 399 Suggested Recommendation to City Council by the Planning Commission for Broadband Pilot The Planning Commission recommends that the City Council create a Broadband and Wireless Ad-Hoc Committee to review Policy and Outline Goals for Broadband, Technology and Transportation Improvements in R&T Zone as a Technology Pilot Project Area: Potential Goals and Policy Decisions a future Committee may consider:  Identify what the Broadband needs are for the City government – G2G o Connect City Facilities with Fiber (Recommendation of CTC Broadband Study) o Evaluate what leased lines the City is paying for from private carriers  Determine plan to eliminate all leased lines and create redundancy to wireless system (i.e. wireless should not be the only link between facilities) o Poll City Departments on any future City needs of connected G2G o Evaluate leasing our dark fiber resources to Seal Beach, Westminster, OCWD, the County (OCPW, OC Flood Control, Vector Control), or Caltrans for any of their needs  Continued Wireless Attachment Policy - $2000 versus $270 for City Owned Street Lights. Evaluate using that money as Enterprise Fund rather than General Fund to continue funding for Broadband expansion (same for dark fiber).  Dark Fiber Policy – What/Where/How much – set a fee schedule so City can advertise on the open market.  Dig Once Policy (or Joint Trench as steppingstone) – Currently sitting at Public Works  Evaluate if City Owned (Community Broadband) Direct Lit Fiber Service or a PON (Passive Optical Network) for Business is feasible in R&T pilot area as economic development tool.  Evaluate Community WiFi on Public Property  Evaluate Expansion of Community Broadband Policy to Residential customers adjacent to the Pilot Area  Identify funding sources – AQMD, OCGo (Measure M2), General Fund, Gas Tax, Revenue Bonds, CBDG Block Grants for getting fiber in the ground. Library or School fiber projects or partnerships with the Community College / School district’s infrastructure upgrades as other potential sources of “Dig Once” opportunities.  Evaluate using R&T Zone as Intelligent Traffic Management Systems (ITS) testing area. Real-time Traffic light synchronization and monitoring, public safety improvements, and autonomous vehicle testing can all be ancillary sources of fiber optic expansion for broadband resources in the pilot area, in addition to economic development drivers. Summary: Huntington Beach needs a comprehensive plan and policy direction that staff and the community can work towards. If our goal is Community Broadband, then we should create a plan to get there. If our goal is to cut IT costs, then we need to identify what those recurring infrastructure costs are. There is a huge economic upside to having a City Owned fiber optic network for businesses (including the hotels) that can service high speed connections and eventually hit our residential neighborhoods to encourage telecommuting (which cuts down on traffic) and startups that require high bandwidth without the need for colocation or offsite datacenters. Bringing in new types of businesses that are high paying and low impact is a primary goal of the R&T Zone. 400 MARKET ANALYSIS FOR AMENDMENT TO THE HUNTINGTON BEACH ZONING AND CODE RESEARCH AND TECHNOLOGY (RT) ZONING DESIGNATION Prepared for: City of Huntington Beach November 1, 2018 Revised December 10, 2018 PREPARED BY: THE NATELSON DALE GROUP, INC. 24835 LA PALMA AVE SUITE I • YORBA LINDA, CA 92887 O: 714.692.9596 • F: 714.692.9597 • www.natelsondale.com 401 Table of Contents 1. Introduction ......................................................................................... 1 2. Executive Summary ............................................................................ 2 Recommendations – Zoning/Land Use............................................ 2 Recommendations - General Policy Recommendations .............. 3 3. Overview of National, Regional, and Local Industrial Market ........ 5 National Market ................................................................................. 5 Regional and Local Market .............................................................. 6 4. Working List of Industries/Clusters and Tenant Types ....................... 7 Industrial Structure ............................................................................. 7 Target Technology Industries and Related Clusters ...................... 12 5. Summary of Findings and Insights from Local Stakeholders .......... 16 6. “Creative Industrial” Districts in California ....................................... 19 Appendix: Industry Cluster Data 402 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 1 1. Introduction This report provides a focused market analysis to ensure that the anticipated Research and Technology (RT) zoning classification is responsive to market demand and reflects the contemporary facility requirements of targeted business types. Along with allowing traditional industrial uses (e.g., various manufacturing, warehouses, and wholesale uses) in the plan areas, the City’s goal with the RT zoning classification is to provide a zoning and planning framework that encourages a more flexible use of building space to attract new businesses to the area. As envisioned by the City, some of these new businesses would likely be in emerging industries with building space requirements more aligned with lower-intensity industrial and commercial uses. The market analysis considers the two areas envisioned for the RT zoning classification: the Northwest Industrial Area (760 acres) and the Gothard Corridor (422 acres). The market analysis has two major purposes: 1. Describe potential market growth and development potentials for the types of industrial land uses envisioned for the RT designated areas; and 2. Provide the City of Huntington Beach (“City”) insight on development standards issues (e.g., floor-to-area [FAR] thresholds, parking requirements, design standards, etc.) that may affect the economic feasibility of future development within the RT areas. The report findings are largely based on a series of interviews with various stakeholders familiar with the local and regional industrial real estate market (industrial real estate brokers, industrial property developers, and existing Huntington Beach businesses). Along with the valuable insights provided by these local experts with “on-the-ground” experience in Huntington Beach and the surrounding region, The Natelson Dale Group, Inc. (TNDG) also researched the characteristics of comparable “creative industrial” development districts throughout California. Finally, as part of the market study process, TNDG has prepared a list of technology-oriented industry clusters that may be strong candidates for attraction to the City. The remainder of the report is organized as follows. Chapter 2 provides a summary of the study’s major findings. Chapter 3 provides a brief overview of industrial market trends in Huntington Beach and the surrounding region. Chapter 4 provides a working list of target industries and clusters 1 for the RT designated areas. Chapter 5 provides a summary of findings and insights gained from the stakeholder interviews. Chapter 6 provides a summary profile of other communities with established/emerging concentrations of “creative industrial” development. 1 Clusters are groups of inter-related industry sectors whose growth potentials within a region tend to be closely aligned. The tendency of individual industries to co-locate in clusters reflects linkages through supply-chain relationships, as well as commonalities in terms of workforce requirements and infrastructure needs. The concept of industry clusters is an effective framework for economic development programming since it reflects a holistic understanding of the regional economic conditions driving the growth or retraction of individual sectors. 403 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 2 2. Executive Summary Based on the research completed for this analysis, this executive summary provides specific City recommendations for the proposed RT zones. Recommendations are divided between those that would be achieved through zoning/land use amendments versus those through general policy recommendations. Recommendations – Zoning/Land Use • Floor-to-Area Ratio. Market-driven FARs would likely range from 0.30 to 0.50. A prototypical RT- type development would have an overall FAR of 0.35 with approximately 30% of building space allocated to office uses. Market participants do not believe that development intensities would reach a 1.0 FAR, given that this would translate to a two-story industrial building. There is no market for this type of development and it is not envisioned to develop for the foreseeable future. To accommodate special racking needs of some tenants, allowable building heights should be 36 feet. • Office Space Allocation. Based on the above and discussions with market participants (developers, brokers, end users), current development trends indicate that the office space allocation within modern industrial buildings would be expected to range from 10% to 30% of total floor area. The lower range (10%) would apply to more traditional industrial uses 2, while the more R&D- and RT-type tenants would typically require higher proportions of office space. As noted above, some creative industrial projects are developed with as much as 30% office space. • Parking. Parking requirements varied among market participants, with guidelines ranging from 1.8 to 3.5 spaces per 1,000 square feet. Whereas some industrial brokers highlighted a shortage of adequate parking along the Gothard corridor, others noted an excess of parking, with an estimated 60%-70% of industrial businesses not using all of their on-site parking capacity3. This is also an area where the City needs to be forward looking, as future trends (e.g., ride sharing, autonomous cars, etc.) may reduce traditional parking requirement thresholds. • RT-use Example. The following breakdown provides a concrete example of development characteristics of a relatively new RT-type tenant in Huntington Beach. Newlight Technologies is an advanced manufacturing company that converts greenhouse gases into thermoplastics that recently relocated to the City. The company recently leased a new modern industrial building with the following characteristics. On 2.44 acres of land, the business occupied a newly built 41,668 square foot industrial building, equating to an FAR of 0.39. Total office space at 7,111 2 Historically, speculative industrial buildings were developed with as little as 3% to 5% office space. However, many new users beginning to embrace buildings with 10% allocated to office uses. 3 Chad Frisby and Mark Carnahan, Building and Safety Department. 404 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 3 square feet accounts for about 17% of total building space. The property includes 89 parking spaces, equating to 2.14 spaces/1,000 square feet of building space 4. Recommendations - General Policy Recommendations The following general policy recommendations are provided, based on discussions and structured interviews with market participants, to help ensure the success of the two proposed RT zone areas. • Light Industrial/Manufacturing. There is significant value in attracting RT-type tenants, with the associated higher-paying, higher-quality job opportunities from such businesses. However, the City should not lose sight that light manufacturing and light industrial uses (in general, not just those associated with RT industries) are natural fits for the Huntington Beach industrial market. The City also has a strong concentration of entrepreneurs, operating across the entire value chain (e.g., initial assembly and distribution of goods) that could use modern, functional industrial space. • Streamlining Process. Although eliminating the Conditional Use Permit (CUP) for approved uses is a good start, anything additional to further streamline the administrative review process is positive for encouraging new development. Most developers have 60-90 days for due diligence activities, so any steps the City can take to reduce development timelines (zoning, permitting, etc.) and uncertainty will help facilitate new development in the zones. • Incentives. Given the fractionalized ownership of much of the property in the two zones, the City will need to give some incentives to encourage property owners to "play ball" to upgrade or sell properties. One intriguing example mentioned was City financial incentives for a couple existing building improvement projects (new paint, façade improvements, etc.). These could serve as pilot projects for the proposed RT areas, with the intention to “jumpstart” the process of improving other existing properties to more contemporary development standards. Such incentives combined with maybe two or three "before and after" financial analyses that show pre- and post-value of properties would help convince property owners of the potential value in improving their properties. This is one potential option to establish some momentum behind the plan 5. • Infrastructure. To effectively target high-tech/clean-tech type industries, it would be valuable to evaluate potential industrial grade utility infrastructure improvements (this may be more financially feasible along the Gothard corridor, given the existing higher density and the higher number of users that could benefit from such improvements). Examples would include high-powered natural gas lines, specialized water delivery, etc. On a much larger 4 According to the Chief Operating Officer (COO), Even Creelman, they currently have excess parking, as there are currently only about 25 people working onsite per shift (the company runs as a 24-hour operation with two 12- hour shifts). 5 One example related to the above point, a local real estate broker indicated that the City could potentially put together an approved contractor list with pre-determined costs for specific desired improvements (e.g., new paint, façade improvements, etc.). Perhaps the City could subsidize some agreed upon portion of these costs. Anything to help with reducing direct and/or transaction costs associated with these property improvements would help at the margin. 405 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 4 scale, the Edmonton Energy and Technology Park (EETP) includes a cluster of petrochemical- based industries, general industrial, manufacturing, logistics and related support industries, all of which access an advanced industrial grade utility infrastructure system 6. • Potential Funding Sources. Potential funding sources for the above examples would include the following: City Resources (General Fund, Capital Improvement Program, User Fees), Outside Grants (Regional, State, and Federal Grants), Developer Contributions (Impact/In- lieu fees, Negotiated Agreements), and District-Based Tools (Assessment Districts, Community Facilities Districts, and Enhanced Infrastructure Finance Districts). These funding sources would be evaluated in more detail as the project progresses. 6 This is potentially an important issue given that there are some existing electric power service issues in the Northwest area (as in other relatively older industrial and residential areas with aging infrastructure), according to City staff. 406 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 5 3. Overview of National, Regional, and Local Industrial Market This chapter highlights local, regional, and national trends related to industrial development. On just about every market measure – vacancy rates, rental growth rates, etc. – the industrial real estate market is robust. As one commercial real estate survey put it, “industrial markets continue to be where the action is in nonresidential commercial real estate development [emphasis added]”7. At the “global” level, this is a positive trend for the City in terms of opportunities to attract new industrial development related to traditional uses, and potentially emerging RT-type uses. National Market The relative strength of the industrial segment in the commercial real estate market is well documented. In a widely read annual report on commercial real estate trends, published by The Urban Land Institute (ULI) and PricewaterhouseCoopers (PwC), the industrial segment was singled out as the top ranked property type (in terms of both development and investment prospects) for 2018 as well as the previous four years8. Market fundamentals at the national level are extremely favorable for industrial development – with vacancies at historically low levels and rapidly rising rents. The following market statistics from Colliers International most recent national industrial research report (2nd Quarter, 2018) highlight the underlying strength on the industrial segment: • The national industrial vacancy rate reached an all-time low of 5.0% (down from 5.3% in Q2 2017). Relative to Q2 2017, 71.5% of markets had lower vacancy rates in Q2 2018. • Vacancy rates reached new lows even with significant new supply added to the market – more than 64 million square feet of industrial space was added in the second quarter alone. • As of Q2 2018, year-to-date (YTD) net absorption 9 was approximately 122.5 million square feet, with 84% of markets experiencing positive net absorption. • As of Q2 2018, year-over-year (YOY) average asking rents continued to rise for all three major industrial property types: Warehouse/Distribution (+5.2%), Flex/Service (+5.4%), and Manufacturing (+0.9%). The ULI and PwC real estate trends survey points to two major structural changes in the economy as major driving forces for industrial real estate. First, although the rise of e-commerce has contributed to the challenges in the commercial retail market, it has been a boon to the warehouse/distribution sector of the industrial real estate market 10. Second, health care and related industries have also been driving 7 Allen Matkins | UCLA Anderson Forecast Commercial Real Estate Survey. Summer/Fall 2018, Issue No. 23. The survey covers the major Southern California and Bay Area markets for office, industrial, retail and multi-family space. 8 PwC and the Urban Land Institute: Emerging Trends in Real Estate® 2018. Washington, D.C.: PwC and the Urban Land Institute, 2017. 9 Net absorption is defined as net change in occupied square feet from period to the next. 10 E-commerce sales have increased from a relatively small base in a rapid manner. In the first quarter of 2018, they were up 16.4% YOY, and now represent about 10.5% of total non-auto retail sales. 407 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 6 demand for industrial uses. For example, the aging population demographic trends have created a need for more medical equipment, devices, and pharmaceuticals. As noted, these are long-term structural changes in the economy that are favorable for industrial development for the foreseeable future. Regional and Local Market The positive national trends for industrial real estate are even more pronounced at the local and regional level. As the most recent California Commercial Real Estate Survey and Index prepared by Allen Matkins and the UCLA Anderson Forecast succinctly put it, “industrial markets continue to be where the action is in nonresidential commercial real estate development”11. Based on current (August 2018) industrial market data provided by The Reef Group (a local real estate services firm based in Huntington Beach)12, the following bullet points highlight the major industrial market statistics for Orange County and Huntington Beach. • Vacancy rates are at historic lows in Huntington Beach (2.8%) and in Orange County (2.5%). In the City, vacancy rates have declined by close to 500 basis points (bps) since 2012 (7.7%). For Orange County, vacancy rates have also declined significantly – falling by 420 basis points since 2010 (6.7%). • Increase in demand for industrial space has driven commensurate increases in asking rental rates. During the six-year period from 2012 to 2017, average asking rents increased at a healthy 6.9% and 6.8% annual growth rate in the City and County, respectively. Since year end 2017, average rental rates have continued to increase throughout this year (through August 2018), up 3.5% in the City and in the County. Existing average rental rates in Huntington Beach ($1.06 per square foot) are close to the countywide average ($1.08). • Market pricing trends in the recent six-year period have been as equally strong in the City and in the County. As of August 2018, industrial property sales averaged approximately $258 per square foot both in the City and County. Since 2012, average sales prices, on a per square foot basis, have more than doubled in the City (+106%) and in the County (+104%). The Reef Group industrial market report, noted above, indicates than Huntington Beach is one of Orange County’s largest industrial markets, accounting for about 6% of total County industrial inventory (the 6th largest market out of 26 total). Most of the industrial inventory is accounted for in Logistics and Specialized Industrial facilities. The market report shows that 17.5 million square feet of industrial space in the City is distributed by sub-category as follows: Logistics (42%), Specialized Industrial (41%), and Flex Industrial (17%). 11 Allen Matkins | UCLA Anderson Forecast Commercial Real Estate Survey. Summer/Fall 2018, Issue No. 23. The survey covers the major Southern California and Bay Area markets for office, industrial, retail and multi-family space. 12 The Reef group prepared Huntington Beach and Orange County industrial market reports, with the underlying data licensed from CoStar, a leading provider of commercial real estate market data. CoStar licensing requirements limits the use of the data to the general discussion provided above. 408 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 7 4. Working List of Industries/Clusters and Tenant Types This chapter identifies list of target industries and economic clusters that would represent candidates for new business growth in the two proposed zoning areas. The first section provides a brief overview of the broad industrial structure of the local Huntington Beach economy. Following this, the chapter provides an analysis of target technology industries identified in the City’s Economic Development Trends report, prepared as part of the most recent General Plan update. Specifically, the analysis ties these to target technology industries to broader clusters that would be candidates for further growth in the City. Industrial Structure Figure 4-1, on the following page, provides a breakdown of major industry group employment in Huntington Beach (The industry descriptions are based on the North American Industry Classification System [NAICS] from the U.S. Census Bureau). As shown in the figure, manufacturing, at 18% of the City’s total workforce, represents the largest share of industry employment in the City. This suggests, given the industrial structure of the local economy, that industrial development is a natural fit for the City. Further underscoring this is the list of the current top 10 private employers in the City, as shown on Figure 4-2 on page 9. Four out of the five top employers are in manufacturing industries. As part of its efforts to consolidate its defense and space operations in other areas in Southern California and out of state, Boeing will be moving about 2,400 jobs out of Huntington Beach. However, the net impact to overall manufacturing employment base – and associated demand for industrial space – will likely be much lower than this headline number. As noted in The Reef Group market report, manufacturers such as Rocket Lab, Titan Footwear, and ASEA Power systems, have all moved into the surrounding area near former Boeing operations. And all three companies have committed to leasing more than 50,000 square feet of space. Further, Sares-Regis has recently purchased some of Boeing surplus property, and it has initial plans to develop new modern industrial space targeted to other manufacturing-related tenants. 409 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 8 FIGURE 4-1: DISTRIBUTION OF EMPLOYMENT BY MAJOR INDUSTRY GROUPING, CITY OF HUNTINGTON BEACH 0% 0% 0% 1% 1% 2% 2% 2% 2% 3% 3% 5% 6% 6% 7% 8% 9% 12% 14% 18% Mining, Quarrying, and Oil and Gas Extraction Agriculture, Forestry, Fishing and Hunting Utilities Management of Companies and Enterprises Arts, Entertainment, and Recreation Transportation and Warehousing Information Public Administration Real Estate and Rental and Leasing Finance and Insurance Other Services (excluding Public Administration) Wholesale Trade Construction Professional, Scientific, and Technical Services Administration & Support, Waste Management and… Educational Services Health Care and Social Assistance Retail Trade Accommodation and Food Services Manufacturing 410 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 9 FIGURE 4-2: TOP 10 EMPLOYERS IN HUNTINGTON BEACH Source: City of Huntington Beach Comprehensive Annual Financial Report (CAFR), 2017. Further illustrating the relative strength of the Manufacturing industry, Figure 4-3, on the following page, shows location quotients for existing Huntington Beach industries. A location quotient (LQ) compares the relative proportion of a given industry in the local economy to the proportion of total employment in that industry for a reference area, in this case the United States. If the proportions are equal, then the location quotient equals 1.0. For example, in Huntington Beach the Other Services (exc. Public Administration) industrial sector has a location quotient close to 1.0. This means that the proportion of Other Services employment in Huntington Beach is the same as the national average. A location quotient above 1.0 suggests that the local area possesses some sort of competitive advantage in that industry. The Manufacturing industry in Huntington Beach has a location quotient close to 2.0, meaning that as a percentage of the total workforce, close to two times as many jobs for that industry are located in Huntington Beach compared to the national average. These competitive advantages usually result from natural resource availability, locational characteristics, or any combination of labor force, supply chain or other market conditions. A location quotient less than 1.0 indicates that a given industry is under-represented in the Huntington Beach economy. This could represent an underserved market or could simply be a reflection of local market conditions. 343 348 381 480 527 550 555 584 641 3,829 Hilton Hotel Huntington Beach Quiksilver Huntington Valley Healthcare Walter's Electric Huntington Beach Hospital Cambro MFG Co. C & D Aerospace Zodiac Aerospace / Driessen Aircraft Hyatt Regency Huntington Beach Boeing 411 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 10 FIGURE 4-3: LOCATION QUOTIENTS (LQS) FOR MAJOR INDUSTRY GROUPS, HUNTINGTON BEACH Source: U.S. Census Bureau. 2015. LEHD Origin-Destination Employment Statistics, OnTheMap application. Figure 4-4, on the following page, provides additional context on the local LQs provided above. It shows industry LQs in Huntington Beach relative to regional and state benchmarks – Orange County and California. As shown in the figure, Manufacturing employment is much more concentrated in Huntington Beach relative to Orange County (LQ-1.13) and California (LQ-1.97). The chart shows that Wholesale Trade – another industry sector that generates significant demand for industrial space – is also strongly represented in Huntington Beach (LQ-1.27) and in Orange County (1.36). Given the significant tourist/visitor component to the Huntington Beach economy, Accommodation and Food Services is also heavily represented in Huntington Beach (LQ-1.49) relative to Orange County (LQ-1.09) and California (LQ-1.03). 0.12 0.16 0.36 0.43 0.50 0.50 0.62 0.63 0.71 0.82 0.83 0.90 1.05 1.09 1.10 1.14 1.18 1.27 1.49 1.97 Agriculture, Forestry, Fishing and Hunting Mining, Quarrying, and Oil and Gas Extraction Public Administration Transportation and Warehousing Utilities Management of Companies and Enterprises Finance and Insurance Health Care and Social Assistance Information Arts, Entertainment, and Recreation Educational Services Professional, Scientific, and Technical Services Other Services (excluding Public Administration) Real Estate and Rental and Leasing Retail Trade Administration & Support, Waste Management and… Construction Wholesale Trade Accommodation and Food Services Manufacturing 412 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 11 FIGURE 4-4: LOCATION QUOTIENTS (LQS) FOR MAJOR INDUSTRY GROUPS, HUNTINGTON BEACH, ORANGE COUNTY, AND CALIFORNIA Source: U.S. Census Bureau. 2015. LEHD Origin-Destination Employment Statistics, OnTheMap application. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 Agriculture, Forestry, Fishing and Hunting Mining, Quarrying, and Oil and Gas Extraction Public Administration Transportation and Warehousing Utilities Management of Companies and Enterprises Finance and Insurance Health Care and Social Assistance Information Arts, Entertainment, and Recreation Educational Services Professional, Scientific, and Technical Services Other Services (excluding Public Administration) Real Estate and Rental and Leasing Retail Trade Administration & Support, Waste Management and Remediation Construction Wholesale Trade Accommodation and Food Services Manufacturing HB OC CA 413 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 12 Target Technology Industries and Related Clusters The City’s Economic Development Trends Report, prepared as part of the most recent General Plan update, identified several technology-related industries as appropriate targets for the Northwest industrial area and the Gothard corridor. These industries are shown on Table 4-1 on the following page. The table also shows the corresponding cluster to which each target industry belongs to. Consistent with standard approaches to regional economic analysis, this study broadens the traditional targeted industry analysis, and the City’s associated employment base, to industry clusters. Clusters are groups of inter- related industry sectors whose growth potentials within a region tend to be closely aligned. The tendency of individual industries to co-locate in clusters reflects linkages through supply-chain relationships, as well as commonalities in terms of workforce requirements and infrastructure needs. The concept of industry clusters is an effective framework for economic development programming since it reflects a holistic understanding of the regional economic conditions driving the growth or retraction of individual sectors. The economic clusters analyzed for this study are based on definitions (consisting of industry groupings) from the U.S. Cluster Mapping Project 13. In this system, detailed industry sectors are assigned to unique clusters based on linkages among the sectors. Per the North American Industry Classification System (NAICS), the U.S. economy is composed of a total of approximately 1,100 detailed industry sectors at the “6-digit” level of detail (the most detailed level of industry specification under NAICS). The U.S. Cluster Mapping Project assigns each 6-digit sector to unique clusters based on the types of linkages described above. Clusters are classified as “local” clusters or “traded” clusters. Local clusters primarily provide goods and services for the local (resident) population. Traded clusters are “export-oriented,” engaged in producing goods and services for end-use customers outside the community, thereby having a more material role in producing wealth in the community than the Local clusters 14. The final column in Table 4-1 lists the detailed component industries in each cluster that belong to the eight broader target technology industries shown in the table. For example, the Electronic Product Manufacturing (NAICS 334) 3-digit NAICS industry includes 20 detailed 6-digit NAICS industries that belong to the Information and Technology and Analytical Instruments cluster 15. Following on, NAICS 334 also includes three 6-digit NAICS industries that belong to the Production Technology and Heavy Machinery cluster. In total, the NAICS 334 target technology industry is represented in four different clusters, as illustrated in Table 4-1. The Appendix table extends the analysis provided in Table 4-1 to “subclusters” that make up the larger cluster. 13 The U.S. Cluster Mapping Project provides county-level data and analytical tools for the major industry clusters composing the U.S. economy. It is led by Harvard Business School's Institute for Strategy and Competitiveness in partnership with United States Economic Development Administration. 14 As shown in Table 3-1, there is only one local cluster (Local Commercial Services) tied to the target technology industries identified in the Economic Development Trends report. 15 Electronic Computer Manufacturing (NAICS 334111), Computer Storage Device Manufacturing (NAICS 334112), and so on. 414 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 13 TABLE 4-1: TARGET TECHNOLOGY INDUSTRIES IDENTIFIED IN HUNTINGTON BEACH ECONOMIC DEVELOPMENT TRENDS REPORT INDUSTRIES CROSS REFERENCED WITH RELEVANT ECONOMIC CLUSTER NAICS Description Cluster Component Industries 334 Electronic Product Mfg.Information Technology and Analytical Instruments 20 Production Technology and Heavy Machinery 3 Communications Equipment and Services 3 Aerospace Vehicles and Defense 1 3364 Aerospace Products and Parts Mfg.Aerospace Vehicles and Defense 6 3254 Pharmaceutical and Medicine Mfg.Biopharmaceuticals 4 5112 Software Publishers Information Technology and Analytical Instruments 1 518 ISPs, Web Portals, and Data Processing Business Services 1 5415 Computer Systems Design and Services Business Services 4 5416 Management, Scientific, and Technical Consulting Business Services 5 Marketing, Design, and Publishing 1 Local Commercial Services 1 5417 Scientific R&D Services Education and Knowledge Creation 3 Source: Note:NAICS = North American Industrial Classification System. Economic Development Trends and Conditions, City of Huntington Beach General Plan Update , August 25, 2014, Stanley R. Hoffman Associates; U.S. Cluster Mapping (http://clustermapping.us); TNDG. 415 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 14 The U.S. Cluster Mapping project (referenced above) provides employment data by cluster at the county-level of geography. Using this resource, Table 4-2, on the following page, provides summary Orange County employment data for the clusters identified in Table 4-1 above. It includes the following: • Total cluster employment in Orange County • Orange County’s rank for each cluster in terms of total employment (e.g., for all counties in the U.S., Orange County has the 5th highest amount of employment in both the Information Technology and Analytical Instruments and Production Technology and Heavy Machinery clusters) • High Specialization indicator – LQ of cluster employment is greater than the 75th percentile when measured across all counties (e.g., the Communications Equipment and Services LQ of 1.73 is greater than the LQ for this cluster in at least 75% of the counties in the U.S.) • High Employment Share – Share of national cluster employment is greater than the 90th percentile when measured across all counties (e.g., Orange County accounts for approximately 2.4% of national cluster employment in the Information Technology and Analytical Instruments cluster, which is a higher share for this cluster than 90% of the counties in the U.S.) • Location Quotient (LQ) – As discussed above in the previous section, a location quotient (LQ) compares the relative proportion of a given industry in the local economy to the proportion of total employment in the United States. Thus, an LQ>1.0 shows a higher than average cluster concentration in the region. • Job Change – absolute job change in the County during the 1998-2016 period • Expected Job Change – expected job change in the County given national growth trends for the 1998-2016 period In the U.S. Cluster Mapping project system, clusters that meet both the “High Specialization” and “High Employment Share” are classified as strong clusters. Table 4-2 shows that four clusters meet this strong cluster criteria: Information Technology and Analytical Instruments, Communications Equipment and Services, Marketing, Design, and Publishing, and Local Commercial Services. However, the table provides additional data to evaluate the relative attractiveness of the clusters beyond whether they meet the “strong” criteria. For example, although the Education and Knowledge Creation cluster does not meet the “High Specialization” (and correspondingly “strong” criteria), the cluster added well over 17,000 jobs during the 1998-2016 period. This increase in jobs was more than 2.6 times the expected job growth of 6,677 jobs given national growth trends. 416 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 15 TABLE 4-2: ORANGE COUNTY EMPLOYMENT FOR SELECTED CLUSTERS IN 2016 CLUSTERS THAT INCLUDE IDENTIFIED TARGET TECHNOLOGY-RELATED INDUSTRIES Cluster OC Cluster Employment County Employment Rank Nationally High Employment Specialization High Employment Share LQ Job Change 1998-2016 Expected Job Change 1998-2016 Information Technology and Analytical Instruments 27,634 5 X X 1.87 -21,401 -13,220 Production Technology and Heavy Machinery 9,639 5 X 0.78 -2,199 -2,880 Communications Equipment and Services 9,697 4 X X 1.73 2,571 -918 Aerospace Vehicles and Defense 6,911 22 X 1.02 -11,632 -4,836 Biopharmaceuticals 6,504 6 X 2.04 1,407 708 Business Services 132,280 11 X 0.84 21,751 70,539 Marketing, Design, and Publishing 20,188 8 X X 1.15 5,254 3,581 Local Commercial Services 113,529 6 X X 1.13 1,870 22,205 Education and Knowledge Creation 27,596 20 X 0.68 17,396 6,677 Source: U.S. Cluster Mapping (http://clustermapping.us), Institute for Strategy and Competitiveness, Harvard Business School; TNDG. Notes: OC = Orange County; LQ = Location Quotient High Employment Specialization : LQ of Cluster Employment must be greater than the 75th percentile when measured across all counties. High Employment Share : Share of National Cluster Employment must be greater than the 90th percentile when measured across all counties. Expected Job Change : indicates expected job creation given national growth trends for cluster. 417 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 16 5. Summary of Findings and Insights from Local Stakeholders As part of this analysis, consulting team members participated in two stakeholder focus group meetings and a quarterly real estate brokers briefing/roundtable at the City’s offices. The meetings and roundtable included structured interviews and discussions with industrial brokers and developers, who have unique local market knowledge and experience in the local and larger regional market, along with key members of City staff. TNDG also conducted additional phone interviews with industrial market professionals active in Huntington Beach and surrounding market areas. Along with direct recommendations (both zoning/land use and general policy) summarized in the Executive Summary (Section 2), the interviews also revealed the following major themes with respect to the proposed RT zones: • Huntington Beach is a prime location for light manufacturing/light distribution uses, with many businesses participating across the entire economic value chain (e.g., from goods assembly, distribution, and final sales). In addition, the City is strongly situated to capture overflow demand from the South Bay and other regions in Los Angeles. Many industrial users are beginning to be “priced out” in these areas, and Huntington Beach is in a prime location to capture this demand. • The area has a significant number of entrepreneurs that could use appropriate industrial space. Related to this observation, some experts indicated that a potential mixed-use zone incorporating residential along with industrial uses (e.g., live/work) would represent a strong market development opportunity for the City (at least in some parts of the RT zones – potentially portions of the Gothard corridor)16. Such entrepreneurs with start-up type companies represent a market segment often drawn to this type of development. Given the pent-up demand for housing, and the existing concentration of independent businesses and smaller startups that are open to combining living and working environments, this would be a “no-brainer” from a market viability perspective 17. • Huntington Beach is lacking in reputation and other amenities (proximity to major research university, alternative transit options, innovative retail/entertainment districts, etc.) that make it difficult to attract some of the RT envisioned uses: technology, medical/life sciences, R&D, and advanced manufacturing18. The Gothard corridor represents an additional physical challenge in this respect, given the presence of small lots, which make it difficult to obtain the necessary 16 This has been successfully implemented in several residential overlays in transitional industrial districts in West Costa Mesa. 17 However, it is noted that the City’s official position is not to encourage residential development in the proposed RT zones. 18 Specific industries such as medical devices will always be a challenge for these districts. These types of users usually require a “higher-tech” look, characterized by more open space with grassy areas. It is challenging in infill- type development environments, such as Huntington Beach, to attract this type of development. 418 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 17 space to create these types of creative industrial development projects. That said, staff is aware that small lots and fractionalized ownership nature represent significant development challenges in the Gothard corridor. However, the City is firmly committed to the long-term economic health of the corridor and acknowledges that desired change will be a long-term process. • It was generally argued that Irvine and the surrounding area near the airport would have significant advantages in attracting research/technology oriented industrial development. Factors cited included greater land availability and less expensive land; and proximity to the airport, other Research & Development uses, and the University of California, Irvine (UCI) campus. That said, given the available space, the 30 acres of the Boeing campus at Bolsa Chica Street and Bolsa Avenue (immediately adjacent to the RT designated areas), recently purchased by Sares-Regis would be a key opportunity to encourage this type of development in the City 19. Depending on the types of tenants that are ultimately attracted to this proposed project, it could potentially act as catalyst in redevelopment of other properties in the surrounding area. • Given the lack of population density, neither zone would likely be appropriate for a full-scale entertainment district with a primary focus on breweries, wineries, etc. (e.g., similar to the Funk Zone district in Santa Barbara). However, some local-employee serving restaurant/retail (potentially including a limited number of strategically placed breweries and/or wineries) would be appropriate for the area. • Some participants noted that auto-related uses (repair, customization, etc.) are a natural fit for the Gothard corridor, especially. With an entrenched "car culture" in the City (with some estimates 25% of households have a "classic/fun" car in addition to a daily driver), there is pent- up demand for anything auto-related. However, other market participants argued that some of the lower-value auto service/repair businesses represent an image problem in the two zones, and that higher-value RT-type tenants would prefer not to be located next to such uses. Thus, the City should be cognizant that there is potentially an inherent tension in promoting auto- related uses while simultaneously fostering the "high-tech" type image that some RT tenants would preferer for their locations. • The City received mainly positive comments concerning the overall development/entitlement process, especially with respect to more recent trends in the City becoming more “business friendly”. However, anything that can be done to further streamline the review process is always a positive force for encouraging new development. Most developers have 60-90 day timelines for due diligence activities, so anything the City can do to further reduce development timelines and uncertainty helps at the margin. • In addition to the electric service upgrades noted in the Executive Summary, potential strategic infrastructure upgrades would include other power/gas/water capacity upgrades to attract high- tech manufacturing users. Related to this issue, the ability to provide power from renewable 19 According to staff, the City is currently in discussions with Sares-Regis over potential development proposals/concepts on former Boeing campus site. 419 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 18 sources would be valuable (including from an image/marketing perspective to RT-type industries). As with many areas, improvements to City’s high-speed internet infrastructure would be a strong selling point to attract RT-related industries 20. • Since Huntington Beach is traditionally not associated with high-tech and/or RT-related industries, some type of City-led marketing/branding campaign would be valuable to get the City’s name out there as potential fit for these businesses. One idea would be to provide an annual award to a top company in a key targeted industry. . 20 This is an issue the City is aware of, as shown by the recently completed Broadband Strategic Plan, prepared in August 2016. 420 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 19 6. “Creative Industrial” Districts in California Table 6-1, on the following four pages, provides a summary matrix of other plan area/zoning districts in California that have some connection to the overall concept of “creative industrial” development. The consultant team identified some of the profiled districts, while City staff requested the profile of others. The table provides the name of the district, a brief description (including location, size, proposed uses, etc.), features that may be relevant for Huntington Beach with respect to the proposed RT zone, and the overall applicability in the Huntington Beach context. 421 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 20 TABLE 6-1: PROFILES OF SELECTED INDUSTRIAL PLAN AREAS/ZONING DISTRICTS. District Description Key Features – Relevance for Huntington Beach RT Zone Applicability to Huntington Beach Smokey Hollow El Segundo, CA 120-acre older industrial area next to Chevron refinery (central portion of the City). City recently completed Specific Plan (SP) with goal to transform area into an eclectic mix of creative office, R&D and light industrial. Previously area dominated by manufacturing companies. Take the next steps in bringing a complete fiber optic network to area Identifies allowable uses by zoning district, including Permitted Use (P), Administrative Use Permit (AUP), Conditionally Permitted Use (CUP), and Accessory Use (A). Identifies prohibited uses. Two key examples: Retail Stores (unless accessory to an allowed use) and Gyms/Fitness Studios. Max FAR ranges from 0.75-1.0 Medium-High Beach community looking to revitalize older industrial district. Different industry targets: more focus on “creative” economy – technology and new media companies in the region. Beyond Zoning District – using SP to regulate district character. Industrial Technology and Innovation Corridor Hayward, CA Crescent-shaped industrial area located along Hayward’s western Urban Limit Line and southwestern city limits and contains approximately nine square miles (approx. 285 acres). Corridor identified as key economic asset in Hayward 2040 General Plan. Targeting advanced technology industries. Does allow non-industrial uses that are conducive and supportive of vibrant employment areas (e.g., office, retail, lodging, and service commercial uses). Max FAR is 0.8. Medium Similar effort to create user friendly development regulations and procedures to encourage targeted industries to locate in the district. Broader type of development targeted in the district – 5 proposed land uses (Warehouse Distribution is one use that is encouraged) 422 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 21 District Description Key Features – Relevance for Huntington Beach RT Zone Applicability to Huntington Beach Warm Springs Innovation District (WSI) Fremont, CA Intended to facilitate the creation of a vibrant, urban, mixed-use district in the vicinity of the Warm Springs/South Fremont BART station. Established to implement the Warm Springs/South Fremont Community Plan (WS/SFCP). 879 acres. One stated goal of plan is to increase employment opportunities by focusing on innovation and advanced manufacturing industries. Min FAR for industrial and R&D uses: 0.50 (within ½ mile of BART station) and 0.35 for remainder of Plan Area. Low-Medium Strong mixed-use focus with emphasis of compatible residential uses Plan emphasizes connections to existing/future public transit infrastructure Arts District Los Angeles, CA Mixed use residential district on eastern edge of Downtown Los Angeles (boundaries: Alameda St – West, First St – North, L.A. River – East, Violet St – South) Designated by City in the mid- 1990s as a result of thriving underground arts scene Predominantly live/work developments with many artists and those in other creative industries: green technology, architecture, and entertainment (w/ limited amount of industrial uses) N/A Low Significant concentration of artist/creative loft developments developed as part of the focus on live/work arrangements. Limited industrial component. Abundant access to public/alternative forms of transportation, given location next to Downtown L.A., influences character of development (e.g., less parking) 423 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 22 District Description Key Features – Relevance for Huntington Beach RT Zone Applicability to Huntington Beach Funk Zone Santa Barbara 16-block district between ocean and Hwy 101 characterized by boutique tasting rooms, cafes, galleries (former industrial/warehouse area) Includes largest part of the urban wine trail (a self-guided trail of 30+ tasting rooms) N/A Low Although previous uses dominated by industrial/warehouses, the district has evolved into tourist destination focused on boutique retail and alcohol tasting rooms Cedros District Solana Beach Former industrial district in Downtown Solano Beach. Adjacent to Solana Beach Transit Center and Hwy 101. Pedestrian-friendly retail district w/ 85 boutique establishments (cafes, galleries, decorators, antique dealers, entertainment) N/A Low Although formerly an industrial district, the evolution into a tourist-focused retail district, reflects unique locational characteristics (adjacent to beach, public transit, etc.), similar to the Funk Zone district in Santa Barbara. 424 Market Analysis for Hunting Beach Research and Technology (RT) Zone The Natelson Dale Group, Inc. 23 District Description Key Features – Relevance for Huntington Beach RT Zone Applicability to Huntington Beach Alexandria Illumina Campus (formerly Nobel Research Park) San Diego, CA 43-acre site located in University Town Center (UTC) area of San Diego (north of Nobel Dr, east of Judicial Dr, and west of I-805 Existing industrial development on-site includes approx. 844,000 square feet of R&D, light manufacturing, corporate office and accessory uses within six buildings Proposed expansion of the campus would include 351,000 square feet of mixed corporate headquarters and R&D uses, and 100,00 square feet of ancillary mechanical and accessory uses on previously Low Includes uses envisioned by RT zone: research laboratories, supporting facilities, headquarters or administrative offices and personnel accommodations, and related manufacturing activities. Existing and future uses are supported, in part, by proximity to UC San Diego campus. Natural synergy between R&D/scientific uses on the Illumina Campus and scientific research focus of UC San Diego. 425 Appendix Expanded Cluster Analysis (including relevant subclusters) 426 Appendix Table Orange County Employment Summary in 2016 Relevant Subclusters that Include Identified Target Technology Industries Cluster OC Cluster Employment County Employment Rank Nationally High Employment Specialization High Employment Share LQ Job Change 1998-2016 Expected Job Change 1998-2016 Information Technology and Analytical Instruments Software Publishers 9,609 13 X X 1.36 3,800 5,321 Electronic Components 8,330 2 X X 4.03 -9,908 -10,546 Medical Apparatus 2,734 6 X X 2.60 1,146 344 Process and Laboratory Instruments 2,364 12 X 1.07 -2,512 -1,304 Computers and Peripherals 2,234 3 X X 3.68 -5,170 -6,104 Semiconductors 1,548 26 X 1.01 -5,724 -3,838 Audio and Video Equipment 637 2 X 5.06 -931 -1,102 Software Reproducing 178 16 X 1.43 -2,182 -1,914 Production Technology and Heavy Machinery Air Handling Equipment 998 26 X 0.61 -433 -369 Communications Equipment and Services Communications Equipment 6,097 2 X X 5.42 2,830 -2,238 Aerospace Vehicles and Defense Search and Navigation Equipment 765 32 0.49 -4,430 -1,838 Aircraft 5,829 14 X 5.29 41 -1,224 Missiles and Space Vehicles 317 26 0.45 -7,243 -2,367 Biopharmaceuticals Biopharmaceutical Products 5,323 5 X 2.34 990 489 Diagnostic Substances 1,006 9 X 2.84 252 -185 Biological Products 175 55 0.31 165 10 Business Services Computer Services 31,012 13 X X 1.06 11,545 19,329 427 Appendix Table Orange County Employment Summary in 2016 Relevant Subclusters that Include Identified Target Technology Industries Cluster OC Cluster Employment County Employment Rank Nationally High Employment Specialization High Employment Share LQ Job Change 1998-2016 Expected Job Change 1998-2016 Marketing, Design, and Publishing Other Marketing Related Services 8,040 7 X X 1.56 4,130 1,804 Local Commercial Services Local Professional Services 76,900 6 X X 1.14 -549 19,136 Education and Knowledge Creation Research Organizations 9,596 16 X X 1.01 7,411 2,981 Source: U.S. Cluster Mapping (http://clustermapping.us), Institute for Strategy and Competitiveness, Harvard Business School; TNDG. Notes: OC = Orange County; LQ = Location Quotient High Employment Specialization: LQ of Subcluster Employment must be greater than the 75th percentile when measured across all counties. High Employment Share: Share of National Subcluster Employment must be greater than the 90th percentile when measured across all counties. Expected Job Change: indicates expected job creation given national growth trends for Subcluster. 428 City of Huntington Beach Technical Background Analysis 1 429 This page left intentionally blank. 430 Table of Contents Executive Summary………………………………………………………………………………………………... 1 1. Introduction………………………………………………………………………………………………………… 2 Background…………………………………………………………………………………………………………….. 2 Community Outreach………………………………………………………………………………………….….. 2 Companion Strategies……………………………………………………………………………………….……. 3 Document Overview………………………………………………………………………………………….……. 3 2. Physical Setting…………………………………………………………………………………………………… 4 Northwest Industrial Area……………………………………………………………………………………….. 5 Gothard Corridor…………………………………………………………………………………………………….. 7 3. Regulatory Setting………………………………………………………………………………………………. 9 State Regulation……………………………………………………………………………………………………… 9 General Plan…………………………………………………………………………………………………………... 9 Existing Industrial Zoning……………………………………………………....................................... 13 4. Stakeholder Feedback……………………………………………………………………………………….. 14 Crafting Standards for the Right Type of Development—Development Standards.. 14 Anticipating Viable and Modern Uses—Use Regulations………………………………………. 15 Planning for a Shift in Mobility—Parking Regulations……………………………………………. 16 Balancing Needs—Process……………………………………………………………………………………. 16 Planning for the Future—General Observations and Suggestions…………………..……. 16 5. Case Studies………………………………………………………………………………………………………. 17 Development Standard Matrix…………………..………………………………………………………….. 20 6. Parking………………………………………………………………………………………………………………. 25 Existing Regulations…………………………………………………………………….………………………… 25 Institute of Traffic Engineers (ITE) Parking Generation.……………….………………………… 27 Parking Requirements Comparison with Other Cities.……………….…………………………. 27 Potential Parking Strategies.……………….………………………………………………………………… 27 7. Wi-Fi, Broadband and Fiber Optic Infrastructure………..………………………………………. 29 A. Appendix—Existing Huntington Beach Regulations……………………………………………. 31 431 This page left intentionally blank. 432 City of Huntington Beach Technical Background Analysis 1 Executive Summary The following report provides an analysis of current conditions pertaining to the establishment of the Research and Technology (RT) Zone in the City of Huntington Beach. The RT zone is a new zoning designation intended to be implemented in two areas of Huntington Beach currently designated Light Industrial and General Industrial. The existing physical and regulatory setting of these areas are described. Relevant regulations that have been successful in other communities are also detailed. Lessons learned from this analysis and the research into best practices intended to inform the draft zoning ordinance revisions. Businesses in the Gothard Corridor and Northwest Industrial Area, respectively 433 February 2019 2 1. Introduction Background The City of Huntington Beach is preparing regulations for the Research and Technology (RT) zone, a new zoning designation. The purpose of this report is to provide a land use analysis of the areas that will be included in the Research and Technology zone, including a review of existing policies and standards affecting industrial areas. In addition, this report includes case studies of other jurisdictions that have successfully implemented zoning regulations with a similar intent to this effort. The recently adopted General Plan update envisioned the transformation of two industrial areas to form the new Research and Technology zone. The purpose of the creation of this new zoning classification is to allow a broader mix of lower-intensity industrial and commercial uses that better meet market demands and capture employment growth in emerging fields. As described in the General Plan Land Use Element: The Research and Technology Designation provides for a wide variety of nonresidential mixed-use development in industrial areas that are undergoing or poised for transformation to support changing employment demand. The designation encourages both employment uses and commercial uses designed to accommodate employees while continuing to allow traditional industrial uses such as manufacturing and production. Uses include clean and green manufacturing (e.g., medical devices, solar panels), research and development, technology, warehousing, business parks, professional offices, limited eating and drinking establishments that have an industrial component (e.g., a brewery), restaurants and cafes to accommodate employment uses and surrounding residential neighborhoods, and similar neighborhood commercial uses. Community Outreach Public outreach serves a critical role in the shaping of the regulations of the RT zone. Outreach efforts included a presentation and discussion at the City-hosted Brokers Breakfast, two days of interviews with identified stakeholders, including local developers and business owners. The Research and Technology ordinance has been drafted based on the information found in this report, including best practices in place in other communities that may be applicable to these areas in Huntington Beach. A study session with Huntington Beach Planning Commission will be conducted to review and refine the draft ordinance. This session will be open to the public, and public input at this time is encouraged. In addition, the City of Huntington Beach website provides information regarding the rezoning effort and will continue to serve as a place for the City to post updates and information available to date. 434 City of Huntington Beach Technical Background Analysis 3 Companion Strategies While the scope of zoning addresses allowable land uses, development standards and review processes, additional strategies beyond zoning regulations may help further the General Plan vision for transformation of the RT zone and attract desirable employers. Such strategies include high-speed internet infrastructure, marketing and branding to entice investment, comprehensive mobility and parking improvements, public realm enhancements and other tools to reposition the area. As a companion effort to the rezoning, a market study has been prepared to evaluate market demand for different types of envisioned uses and provides findings and insights to further General Plan goals for the RT zone. Document Overview This report details the existing conditions in RT-designated areas, including the urban form, existing uses, and circulation. It also reviews the existing framework of regulation affecting the areas now designated RT, including General Plan policies, zoning standards, and any state regulation. In order to better understand how similar zones have been implemented in other communities, this report examines the zoning regulations applied in several other jurisdictions throughout California. Northwest Industrial Area Building 435 February 2019 4 2. Physical Setting The two primary areas of envisioned transformation are the Northwest Industrial Area and the Gothard Corridor. Both of these areas are industrial in nature, however, their physical characteristics are distinct. The following sections describe the typical development pattern, urban form, neighboring uses, and available transportation in the respective areas. Figures 1 and 2 depict aerial photographs with RT zone boundaries for the Northwest Industrial Area and Gothard Corridor, respectively. Figure 2: Gothard Corridor Figure 1: Northwest Industrial Area 436 City of Huntington Beach Technical Background Analysis 5 Northwest Industrial Area The Northwest Industrial Area is 760 acres in size and includes some parcels between Bolsa Avenue to the north, Edinger Avenue to the south, Springdale Street to the east, and Bolsa Chica Street to the west. The Northwest Industrial Area consists of many larger lots, ranging from 15,000 square feet to 6 acres with a median of 0.61 acres, and large single and two-story industrial buildings. North of this area are very large, campus-like lots currently occupied by Boeing and Zodiac Aerospace. To the east, west, and south are single and multi-family residential neighborhoods. Also adjacent is the Seal Beach National Wildlife Refuge to the west. Figure 3 shows the location of General Plan land use designations for the Northwest Industrial Area (RT-designated parcels) as well as for surrounding uses. Figure 3: Northwest Industrial Area General Plan Land Use Designations 437 February 2019 6 Transportation within this area is primarily vehicular. Streets are fairly wide, with abundant street parking. As shown in Figure 4, bicycle facilities are currently limited to Class II bike lanes along the corridors—Bolsa Avenue, Graham Street, McFadden Avenue, Springdale Street, Bolsa Chica Street from McFadden south, and Edinger Avenue. A paved, off-road bike path is provided in front of Marina High School and Marina Park. Figure 4: Northwest Industrial Area Bicycle Facilities (City Bikeways Map) Existing uses in the Northwest Industrial area are primarily related to automotive, manufacturing, supply, and storage. However, uses are not limited to those of a traditional industrial nature—many uses can be categorized as service, retail, and office. A complete summary of the types of businesses and their frequency is provided in the appendix. 438 City of Huntington Beach Technical Background Analysis 7 Gothard Corridor The Gothard Corridor is 466 acres in size and consists of parcels along Gothard Street (mostly on the east side of the street) from just south of Edinger Avenue to the north and Ellis Avenue to the south. The Gothard Corridor consists of mostly small lots with a few exceptions. Lot sizes range from 871 square feet to 9 acres with a median of 0.41 acres. Building stock consists of multi-tenant buildings and a few industrial parks. This area is surrounded by residential areas of varying density and character, industrial areas, and public uses, including Ocean View High School. Given the proximity to more sensitive uses, such as residential buildings and schools, land use compatibility is an important consideration. Transportation in this area is also primarily vehicular. Gothard Street is a busy, four lane thoroughfare. The side-streets included in this area are generally fairly narrow, and street parking is extremely well- utilized during normal business hours. Class II bike lanes are available along Gothard Street. Access to transportation from the Gothard area is best served by the Goldenwest Transportation Center, which is located just north of the RT area on Center Street off of Gothard Street. The Golden West Transportation Center provides free public parking for those taking public bus transportation for the following Orange County Transit Authority routes: La Habra - Huntington Beach via Beach Blvd, OCTA 66 Huntington Beach - Irvine via McFadden, Walnut OCTA 70 Sunset Beach - Tustin via Edinger Ave OCTA 211 Figure 5: Gothard Corridor Land Use Figure 6: Gothard Corridor Bicycle Facilities 439 February 2019 8 Seal Beach - Irvine Express via 405 Freeway OCTA 701 Huntington Beach - Los Angeles Express via 405 Freeway, 605 Freeway, 105 Freeway, 110 Freeway. Existing uses in the Gothard Corridor area are primarily auto repair facilities, warehousing, manufacturing, storage, and office. While largely characterized by traditional industrial uses, there are also many office-related uses. A complete summary of the types of businesses and their frequency is provided in the appendix. Gothard Corridor Business Northwest Industrial Area Buildings 440 City of Huntington Beach Technical Background Analysis 9 3. Regulatory Setting The new RT areas are subject to regulations at the state and local level. State regulations include the California Building Code and the California Fire Code. The Huntington Beach General Plan details the goals and policies of the City, including those related to the vision of the RT zone. Lastly, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) provides detailed development standards and use regulations for these areas. State Regulation The California Building Code and California Fire Code provide regulations that may impact a building’s change of use. Issues addressed by these codes include building construction, separation of uses and permit requirements, among other items. General Plan The Huntington Beach General Plan, updated in 2017, paved the way for the implementation of the Research and Technology Zone. The Land Use Element of the General Plan highlights the RT-designated areas as the only “areas of change” in the City, as depicted in Figure 7. Northwest Industrial Area Building 441 February 2019 10 Figure 7: Land Use Element Areas of Change The General Plan describes “transform” areas as areas that consist of underdeveloped or underutilized portions of the planning area, where current developments might not adequately support future City goals. The implementation of the RT zone is meant to enable development that is compatible with overall City goals. Furthermore, the General Plan Land Use Element identifies Community Subareas, with Gothard Street and the Northwest Industrial Areas being Technology and Innovation Subareas. These subareas are described as having higher anticipated building intensity, but with processes and operations that produce fewer potential air quality and noise impacts on neighboring uses than conventional industrial uses. Notably, the General Plan allows a Floor Area Ratio (FAR) of up to 1.0, an increase from 0.75 under the Industrial designation. This increase is based on the understanding that while this allows for a greater average building intensity than that of a traditional industrial use, 442 City of Huntington Beach Technical Background Analysis 11 the processes and operations of such uses are intended to have fewer potential air quality and noise impacts on surrounding sensitive uses. Additionally, traditional industrial uses within this zone will maintain a 0.75 FAR. General Plan goals and policies provide further support for the creation of the RT zone. Policies related to these goals provide action items to support these goals. The following goals and policies directly address the RT zone. Goal LU-5. Industrial businesses provide employment opportunities for residents, supporting the local economy. Policies A. Support and attract new businesses in the city’s industrial areas. B. Encourage clean, less intensive industrial development in areas identified in the planning area. C. Ensure proposed development and uses in industrial areas contribute to the City’s economic development objectives and do not minimize existing uses. D. Explore opportunities to optimize use of underutilized or underperforming industrial land that is sensitive to surrounding uses, and to introduce new industrial uses that create jobs. E. Encourage and assist existing and potential industrial owners to update, modernize, and expand their industrial properties. Goal LU-9. Industrial uses provide job opportunities for existing and future residents, as well as the surrounding region, while generating revenue for the city. Policies A. Establish technology or innovation districts, such as the Gothard Street Subarea and the Northwest Industrial Subarea, where technology infrastructure is provided specifically to support existing and new businesses. B. Support the provision of technology infrastructure and services to supply necessary technological and communication tools for existing and new industry and businesses. C. Provide opportunities for new start-up businesses to develop innovative products and services in a business incubator environment. D. Support the ability for future industrial uses to accommodate new flexible work programs. 443 February 2019 12 Goal LU-10. The City aggressively retains and enhances existing industrial businesses and technology businesses while attracting new firms to the city. Policies A. Provide incentives to retain, expand, and capture new businesses, including research and development industries and start-ups. B. Promote the creation of jobs with increasing wage opportunities within the community. C. In partnership with regional, state, and federal agencies, provide workforce programs that facilitate workforce diversity in the city through expanded labor force training and hiring practices. D. Maximize the economic development services provided by the City to existing and prospective businesses and industries. Goal LU-12. Commercial and industrial corridors throughout the planning area are renovated and revitalized. Policies A. Establish in the Urban Design Guidelines that nonresidential buildings and sites be designed to be consistent with and use low-impact design techniques. B. Encourage renovation and revitalization of deteriorating and struggling nonresidential areas and corridors, particularly commercial locations. C. Expand shuttle services and pedestrian linkages between adjoining business areas, particularly along the coast, where a greater flow of local shoppers and visitors is encouraged. D. Seek opportunities to encourage the creation of business improvement districts or other economic development strategies where coordination and financing of mutually shared, enhanced services can increase business potential for all. Goal LU-13. The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policies A. Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. B. Capture emerging industries such as, but not limited to, “knowledge”-based industries and research and development firms. C. Support development of new commercial and industrial projects and retrofits of existing buildings. 444 City of Huntington Beach Technical Background Analysis 13 D. Improve transit and other alternative transportation options, including shuttles and safe bicycle routes, for employees who live and work in the community. E. Do not preclude future mobility technologies in land use planning. Existing Industrial Zoning The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) provides the existing zoning regulation for the RT areas. The areas that are transitioning to the RT zoning designation are currently zoned Limited Industrial (IL) in the Northwest Industrial Area, and General Industrial (IG) in the Gothard Corridor. Applicable zoning regulations can be found in Title 21 of the Zoning Code, Base Districts, Chapter 212 Industrial Districts. Also, Title 23, Provisions Applying in All or Several Districts, Chapter 230, Site Standards, and Chapter 233, Signs. In general, the Zoning Ordinance is organized into 6 sections: Title 20, General Provisions, Title 21, Base Districts, Title 22, Overlay Districts, Title 23, Provisions Applying In All or Several Districts, and Title 25, Subdivisions. The majority of the regulations pertaining to the current zones can be found in Title 21, Base Districts, Chapter 212, I Industrial Districts. Section 212.04, Land Use Controls. The process for project submittal and approval is dependent on how the use is permitted. The IG and IL districts classify uses as follows: Permitted (P), Limited (L), Conditional use permit approved by Planning Commission (PC), Conditional Use Permit approved by Zoning Administrator (ZA), Temporary Use Permit (TU), Requires conditional use permit on site of conditional use (P/U), or Not permitted (-). Additionally, chapter 241 of the Zoning Code, Conditional Use Permits and Variances—Temporary Use Permits—Waiver of Development Standards, details the process for obtaining conditional and temporary use permits. Both sections are provided in the Appendices (A and B) for further reference. Development standards are established in section 212.06, IG and IL Districts— Development Standards. The IG and IL zoning designations allow for similar development patterns, with nuances that distinguish the two. The IG zone is designed to provide sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. The IL zone is designed to provide sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. These zoning districts share many similarities in development standards and allowed uses. Uses allowed in both districts include public and semipublic uses, commercial uses, industrial uses, and temporary uses. Industrial uses classified as custom, general, limited, research and development, and warehousing, distribution, and storage are all permitted in both districts. Many of the other types of uses are conditionally permitted based on varying levels of review. 445 February 2019 14 Development standards in both districts are similar, requiring buildings to be setback from the street, with relatively low building intensity. The minimum lot area required in both districts is 20,000 square feet, with a minimum lot width of 100 feet. Setbacks are a minimum of 10 feet in front, 10 feet on the street side, and 0 feet in the rear. Side setback distance in the IG district is 0 feet, while the IL district requires 15 feet. Both districts allow 40-foot maximum building height and 0.75 maximum Floor Area Ratio (FAR). A table summarizing current development standards and a comparison with relevant standards in other communities is available in Section 4, Case Studies. 4. Stakeholder Feedback In order to better inform the development of the RT zone regulations, City-identified stakeholders were interviewed. These key community members and industry market professionals were invited to discuss their experience with zoning regulation both in Huntington Beach as well as lessons that can be applied from neighboring communities and other Southern California research and technology settings. Feedback received during these meetings were reviewed and grouped into common topics of discussions, or themes. Themes included development standards, use regulations, parking regulations, and process. Other observations on topics that may not be included in the scope of the Research and Technology Zone are also included. Crafting Standards for the Right Type of Building—Development Standards • Buildings should be flexible • Businesses needing 75-100,000 sf or more Huntington Beach are no longer an option • Only ten 100,000 sf buildings in HB, but 5 are build to suite • Need bigger buildings, can be divided • 1.0 FAR for industrial is more than typically needed, 2 stories is not as workable • Generally nothing over .5 FAR—otherwise they have to start compromising • Cube Square-like buildings, or cube space is desirable—want to raise a building’s roof to 30-32 feet, 36 feet max for specialty • 40-foot height limit, 45 with HVAC • Flexibility in process and building form • 1,500 - 3,000 sf is the target • Brewery originally in one building, then needed a second building shortly after • 25,000 sf is the “sweetspot” for start-ups • Favor a form-based approach—just need to understand the building shell and parking • Need performance standards • Increase landscaping requirement 446 City of Huntington Beach Technical Background Analysis 15 • Desire for different regulations near sensitive uses, including parks, schools, and residential • Activities should be enclosed and 55 dBA noise limit should be considered at residential property line • Architectural treatments should be used to improve building façade • Landscaping is important • .75 to 1.0 FAR should be reserved for lot consolidation • Signage standards are important, and consistency is important • Need lighting and odor standards • Ceilings should be more than 14 ft. if possible—truck doors start at 12 ft. Anticipating Viable and Modern Uses—Use Regulations • Light manufacturing/distribution—big trucks in, little trucks out. Receives material from the port, reassembles and distributes on a smaller scale • Doesn’t view Huntington Beach as a heavy distribution hub • Never really too much office • Existing BBQ business is 10% office • R&D is up to 30% office, 2.5-3 per 1,000 sf for parking • Doesn’t see the demand for R&D in Huntington Beach • Employee-serving retail — coffee, sandwiches • Brewery is a good model, since it is close to residential areas • Heavy automotive demand, car restoration • If the City can identify any areas to convert to industrial, they should do that • Concerned with limitations on uses • Doesn’t see distribution uses coming in here • Needed outdoor storage • Need employee recreating areas, amenities • Huntington Beach has a car culture. 15% of the businesses on Gothard are auto- related. • Concern over too many broad uses • Breweries cause odors and should be avoided • Desire to see clean and green uses including technology uses and biomed • High-end auto shops are good tenants • Increase in recreational uses • Allow some retail i.e. showrooms • Need common areas for employees • Possibility of live-work • Would like “employee enhancement” for day care, food, recreation, etc. 447 February 2019 16 Planning for a Shift in Mobility—Parking Regulations • Look at the potential of putting parking on the roof • RT uses: For example, need 96 parking spaces to fulfill the requirement, but only 30 employees at any given time • Parking standards need to be flexible; parking is the biggest issue • C&D Aerospace never had enough parking, now they lease space from Boeing • Tenants put storage in the parking area • Estimate 60-70% of tenants in the northwest area don’t use all their parking • Parking is an issue. Possibility of instating a shared parking program or shuttle since there is underutilized parking nearby • Much of the parking in the Gothard Corridor is being used for storage • Parking is the number one issue in the Gothard Area Balancing Needs—Process • Prefers use classifications rather than lists • People need clarity and certainty • RT industry needs a quick turn-around and expedited permitting Planning for the Future—General Observations and Suggestions • City of Corona, 35-acre site. They have one contact at the City that helps them move them through all the departments • Need tenants to be able to get business licenses • A lot of tenants want to be owners • Flexibility in renovation of existing buildings • Regional water quality requirements are strict when it comes to expanding, the cost and time makes it equivalent to beginning a whole new project • Northwest Industrial Area’s advantage is their proximity to the 405 freeway • Views HB as a city of walls, most of it is disconnected • Press to incentivize clean energy. Encourage renewable sources. • Work with utilities to increase available infrastructure, core industrial gases • Needs revitalization of some sort, personality • When companies with hazardous materials leave, the site is contaminated • New projects along Gothard and Edinger required replaced or upsized sewer infrastructure so they are now at excess capacity • Irvine research and technology and research and development • Emphasis should be on building maintenance, the buildings themselves still look good though they are older • Access to high-speed internet and fiberoptic infrastructure is essential • Utilities should be undergrounded 448 City of Huntington Beach Technical Background Analysis 17 5. Case Studies Examples from other jurisdictions of the implementation of Research and Technology or related zones was analyzed for this report. Examples were drawn from both neighboring cities as well as communities that are further from Huntington Beach that provide relevant zoning examples. A summary of all related development standards is attached in the appendix. Case studies included The McDonnell Centre Business Park Specific Plan in Huntington Beach, the Industrial District in Anaheim, the Medical Science District in Irvine, the Industrial Park District in San Diego, the Smoky Hollow Specific Plan in El Segundo, the Tech Industrial District in Fremont, the Industrial Park District in San Leandro, the Industrial Professional District in San Carlos, the Research and Development Campus in Union City. The McDonnell Centre Business Park Specific Plan in Huntington Beach is included as a case study based on staff feedback regarding its effectiveness in process and standards. The Specific Plan covers the area directly north of the Northwest Industrial Area. The development standards are designed for larger lot sizes and are overall fairly similar to the existing Industrial standards. Setback requirements are larger in this Specific Plan, with a front setback requirement of 20 feet minimum. The Anaheim Industrial (I) District and the Irvine Medical Science Districts were selected based on stakeholder identification as desirable communities to develop in. The Industrial (I) district in Anaheim is a traditional industrial zoning designation, while the Medical Science district in Irvine is more specific, with intended uses including general research and development and medical research and education. The development standards in both of these districts allow for fairly large development. The maximum building height in Anaheim’s Industrial district is up to 100 feet (except when neighboring residential), while Irvine’s Medical Science Districts allow up to 120 feet in some areas. Parking standards in these districts are close to those in the current Huntington Beach Industrial Districts. San Diego’s Industrial Park (IP-1-1) district was also identified as an example of innovative industrial zoning in southern California. The development standards are shaped so that the emphasis is on comprehensive site design. Setbacks are larger and landscaping is required. El Segundo’s Smoky Hollow Specific Plan is a relatively local example of a recently implemented plan to transition a traditional industrial area to support existing economic trends and demand for research and technology space. This example is especially relevant to Huntington Beach, as the trends and setting are very similar. The FAR in the Specific Plan Area is 0.75, with a minimum of 3% of the lot landscaped. 449 February 2019 18 Fremont, San Leandro, San Carlos, and Union City are all examples of Bay Area cities looking to attract more research and technology uses. Interestingly, the development standards for these districts vary widely, with FAR ranging from .35 to 2.0. The maximum height in Fremont, San Carlos, and Union City are all fairly high at 75-100 feet. These cities all have design standards pertaining to outdoor storage and equipment screening. Many require pedestrian or bicycle facilities, and lighting plans. 450 City of Huntington Beach Technical Background Analysis 19 This page left intentionally blank 451 RT Zone: Development Standards Comparison Table City Anaheim Irvine San Diego Fremont San Leandro San Carlos Union City District General Industrial (IG)Limited Industrial (IL) McDonnell Centre Business Park Industrial (I)5.5 Medical Science Industrial Park (IP- 1-1)Tech Industrial (I-T) Industrial Park (IP) Industrial Professional (IP) Research and Development Campus (RDC) Relation to HB RT Zone Existing zoning district in Gothard Corridor Existing zoning district in Northwest Industrial Area Specific plan standards and process is effective in allowing the type of development the City wants to see Feedback from stakeholders indicated that Anaheim standards and process was effective Feedback from stakeholders indicated that Irvine standards and process was effective Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Purpose/Description The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution The IL Limited Industrial District provides sites for moderate- to low- intensity industrial uses, commercial services and light manufacturing The purpose of this section is to provide specific development regulations and standards that will be applied to individual development projects in each Planning Area of the Specific Plan. Upon adoption by the City of Huntington Beach, the McDonnell Centre Business Park Specific Plan will be the zoning document for the project area. The intent of the “I” Industrial Zone is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. This category allows the development of a biomedical/high technology complex combining health care facilities and related businesses, medical research and education, general research and development, and light manufacturing and assembly in one master planned area. The purpose of the IP zones is to provide for high quality science and business park development. The property development standards of this zone are intended to create a campus-like environment characterized by comprehensive site design and substantial landscaping. Restrictions on permitted uses and signs are provided to minimize commercial influence. IP-1-1 allows research and development uses with some limited manufacturing Smoky Hollow West Smoky Hollow East The purpose of the I-T district is to provide areas devoted to research and development activities, “clean and green” tech, and semi- conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities. Within this district certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials (Section 18.190.220, High intensity hazardous materials users), are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is characterized by superior architectural and landscaping treatment and site planning. To provide and protect industrial lands for the development in a landscaped setting of communities of high technology, research and development facilities, limited industrial activities (including production and assembly but not raw materials processing or bulk handling), small-scale warehousing and distribution, industrial office centers, certain types of specified retail sales, and related uses. This district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses. Permitted uses include incubator research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities. Accessory or secondary small-scale retail uses that serve local employees and visitors are also permitted. The purpose of the RDC district is to provide space for a flexible range of activities which have low or no nuisance characteristics. This district supports “flex” space that can be adapted to office, research and development, and service/sales uses. In addition, it allows for manufacturing uses consistent with the light industrial designation. The RDC district is a more dense development designation because it is in close proximity to the BART station and the station district. This designation is applied where it is intended to intensify industrial development over a period of years. Minimum Lot Size (sf unless indicated) 1.0-2.5 (AC) 10,000 40,000 5,600 11,200 20,000 7,500 1 ac 5 ac Minimum Lot Frontage (ft.)250 n/a 100 70 50 75 70 Minimum Average Lot Width (ft.)n/a n/a n/a n/a n/a n/a n/a Minimum Lot Depth (ft.)n/a n/a 200 n/a n/a n/a n/a Maximum Lot Coverage (% of lot)n/a 50 n/a 40 n/a 70 Maximum Floor Area Ration (FAR)0.65-0.75 0.5 n/a 2 0.75 1.0. .35, .45 for general warehouse and manufacturing 0.8 2.0.0.4 min; 2.0 max n/a El Segundo Smoky Hollow Specific Plan Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses 50 n/a n/a 0.75 Huntington Beach 20,000 Site Area: The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between 100 n/a n/a n/a Open Space n/a n/a n/a For developments exceeding 10 acres: outdoor eating and/or recreational facility of at least 2,000 sf required Minimum 3% of lot Minimum 3% of lot. If the lot exceeds 22,400 sf, a minimum of 10% of lot n/a n/a n/a n/a Maximum Height (ft.) Varies from 40 to 250, additional 10-14 ft for roofline treatment, architectural features, special equipment and mechanical devices 100 except w/I 40 ft of residential; 20 Irvine Spectrum 6, 120; Planning Area 17, 45, 50 with architectural features; all other areas, no more than 200 without FAA and OCALUC approval 75 35, 25 within 100 ft of residential 100 40; up to 100 with use permit Minimum Yards Front 20 to 35 5 to 15 n/a Minimum 20, Std 25 25; 50 adjacent to residential 20 20 Major arterial: 35 from ROW; 25 for lots <400 ft deep Other Streets : 25 min from ROW; 50 required across the street from residential Street Side 10 to 25 n/a n/a 20 25; 50 adjacent to residential 20 5 Interior Side 0 15 10 to 15 n/a 10 ft or determined by master plan/CUP; Planning Area 12, 40 ft. 30 when abutting residential 0; 50 adjacent to residential; 25 adjacent to freeway or frontage road 00 Rear 10 to 15 n/a 10 ft or determined by master plan/CUP; Planning Area 12, 20 ft. 25 0; 50 adjacent to residential; 25 adjacent to freeway or frontage road 00 Adjoining Alley n/a n/a n/a 50 when abutting residential n/a n/a n/a n/a Other n/a n/a Freeway, tranportation corridor, 30; thruways, 40; parkways, 40; community collectors, 40; neighborhood collectors, 40, east/west San Diego Creek ROW, 30; Building to building, 10 n/a n/a n/a n/a n/a Minimum 10 ft, as measured from property n/a 35 ft.; parapet height may exceed max building height by 5 ft None required unless adjoining Franklin Avenue; minimum 0 ft, maximum 5 ft None required unless 10; 50 min where property line abuts non-industrial district None required unless adjoining Franklin Avenue; minimum 0 ft, None required n/a n/a n/a 40 10, average 20 except for parcels fronting on local streets; 10 10 0 452 Open Space n/a n/a n/a For developments exceeding 10 acres: outdoor eating and/or recreational facility of at least 2,000 sf required Minimum 3% of lot Minimum 3% of lot. If the lot exceeds 22,400 sf, a minimum of 10% of lot n/a n/a n/a n/a Maximum Height (ft.) Varies from 40 to 250, additional 10-14 ft for roofline treatment, architectural features, special equipment and mechanical devices 100 except w/I 40 ft of residential; 20 Irvine Spectrum 6, 120; Planning Area 17, 45, 50 with architectural features; all other areas, no more than 200 without FAA and OCALUC approval 75 35, 25 within 100 ft of residential 100 40; up to 100 with use permit Minimum Yards Front 20 to 35 5 to 15 n/a Minimum 20, Std 25 25; 50 adjacent to residential 20 20 Major arterial: 35 from ROW; 25 for lots <400 ft deep Other Streets : 25 min from ROW; 50 required across the street from residential Street Side 10 to 25 n/a n/a 20 25; 50 adjacent to residential 20 5 Interior Side 0 15 10 to 15 n/a 10 ft or determined by master plan/CUP; Planning Area 12, 40 ft. 30 when abutting residential 0; 50 adjacent to residential; 25 adjacent to freeway or frontage road 00 Rear 10 to 15 n/a 10 ft or determined by master plan/CUP; Planning Area 12, 20 ft. 25 0; 50 adjacent to residential; 25 adjacent to freeway or frontage road 00 Adjoining Alley n/a n/a n/a 50 when abutting residential n/a n/a n/a n/a Other n/a n/a Freeway, tranportation corridor, 30; thruways, 40; parkways, 40; community collectors, 40; neighborhood collectors, 40, east/west San Diego Creek ROW, 30; Building to building, 10 n/a n/a n/a n/a n/a Minimum 10 ft, as measured from property n/a 35 ft.; parapet height may exceed max building height by 5 ft None required unless adjoining Franklin Avenue; minimum 0 ft, maximum 5 ft None required unless 10; 50 min where property line abuts non-industrial district None required unless adjoining Franklin Avenue; minimum 0 ft, None required n/a n/a n/a 40 10, average 20 except for parcels fronting on local streets; 10 10 0 RT Zone: Development Standards Comparison Table City Anaheim Irvine San Diego Fremont San Leandro San Carlos Union City District General Industrial (IG)Limited Industrial (IL) McDonnell Centre Business Park Industrial (I)5.5 Medical Science Industrial Park (IP- 1-1)Tech Industrial (I-T) Industrial Park (IP) Industrial Professional (IP) Research and Development Campus (RDC) Relation to HB RT Zone Existing zoning district in Gothard Corridor Existing zoning district in Northwest Industrial Area Specific plan standards and process is effective in allowing the type of development the City wants to see Feedback from stakeholders indicated that Anaheim standards and process was effective Feedback from stakeholders indicated that Irvine standards and process was effective Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Purpose/Description The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution The IL Limited Industrial District provides sites for moderate- to low- intensity industrial uses, commercial services and light manufacturing The purpose of this section is to provide specific development regulations and standards that will be applied to individual development projects in each Planning Area of the Specific Plan. Upon adoption by the City of Huntington Beach, the McDonnell Centre Business Park Specific Plan will be the zoning document for the project area. The intent of the “I” Industrial Zone is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. This category allows the development of a biomedical/high technology complex combining health care facilities and related businesses, medical research and education, general research and development, and light manufacturing and assembly in one master planned area. The purpose of the IP zones is to provide for high quality science and business park development. The property development standards of this zone are intended to create a campus-like environment characterized by comprehensive site design and substantial landscaping. Restrictions on permitted uses and signs are provided to minimize commercial influence. IP-1-1 allows research and development uses with some limited manufacturing Smoky Hollow West Smoky Hollow East The purpose of the I-T district is to provide areas devoted to research and development activities, “clean and green” tech, and semi- conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities. Within this district certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials (Section 18.190.220, High intensity hazardous materials users), are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is characterized by superior architectural and landscaping treatment and site planning. To provide and protect industrial lands for the development in a landscaped setting of communities of high technology, research and development facilities, limited industrial activities (including production and assembly but not raw materials processing or bulk handling), small-scale warehousing and distribution, industrial office centers, certain types of specified retail sales, and related uses. This district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses. Permitted uses include incubator research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities. Accessory or secondary small-scale retail uses that serve local employees and visitors are also permitted. The purpose of the RDC district is to provide space for a flexible range of activities which have low or no nuisance characteristics. This district supports “flex” space that can be adapted to office, research and development, and service/sales uses. In addition, it allows for manufacturing uses consistent with the light industrial designation. The RDC district is a more dense development designation because it is in close proximity to the BART station and the station district. This designation is applied where it is intended to intensify industrial development over a period of years. Minimum Lot Size (sf unless indicated) 1.0-2.5 (AC) 10,000 40,000 5,600 11,200 20,000 7,500 1 ac 5 ac Minimum Lot Frontage (ft.)250 n/a 100 70 50 75 70 Minimum Average Lot Width (ft.)n/a n/a n/a n/a n/a n/a n/a Minimum Lot Depth (ft.)n/a n/a 200 n/a n/a n/a n/a Maximum Lot Coverage (% of lot)n/a 50 n/a 40 n/a 70 Maximum Floor Area Ration (FAR)0.65-0.75 0.5 n/a 2 0.75 1.0. .35, .45 for general warehouse and manufacturing 0.8 2.0.0.4 min; 2.0 max n/a El Segundo Smoky Hollow Specific Plan Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses 50 n/a n/a 0.75 Huntington Beach 20,000 Site Area: The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between 100 n/a n/a n/a Design Standards n/a n/a Lighting, outdoor storage limits, equipment and trash enclosure screening, TDM requirements Lighting, outdoor storage limits, equipment and trash enclosure screening. Additional requirements for truck and storage facilities, truck docks, noise attenuation, and buffering when adjacent to residential Sidewalks must be provided if none exist. Outdoor storage, equipment, and trash enclosure screening. Business, technology, and office parks of 80,000 sf or more must provide 10% open space and pedestrian walkways. Additionally, a lighting, landscaping, and signage concept plan is required. Sidewalks, pedestrian and bicycle facilities required. Equipment screening. No outdoor storage Parking and Loading Requirement (space/sf unless indicated) Office 1/250 3 stories or lower: 1/250, more than 3 stories: 3/1,000 1/250 1/300 1/300 sf 1/300 1/200 Research and Development 1/250 3 stories or lower: 1/250, more than 3 stories: 3/1,000 1/250 1/300 1/400 sf 1/600 for manufacturing and assembly; 1/300 for office; 1/1,500 for warehousing; and 1/800 for laboratory Manufacturing 1/500 n/a 1/750 1/300 1/1,000 sf 1/1,500 for use area plus 1/300 for office Warehousing 1/500 .4/1,000 of outdoor storage area 1/1,000 up to 20,000, 2/2,000 for 20,000- 40,000, 1/4,000 in excess of 40,000 1/200 sf office area + 1/800 other indoor area; minimum 1/625 1/1,500 sf 1/2,000 for area up to 10,000 sf. 1/5,000 for area over 10,000 sf plus 1/300 for office 1/1,000 for manufacturing and storage +1/300 for minimum 25% of floor area Restaurant 1/100 20 seats or less: 5.5/1,000, more than 20 seats: 10/1,000 1/75 up to 6,000, 1.55 over 6,000 The greater of 1/3.5 seats + 10% for employees or 1/100 1/100 sf Only allowed as ancillary use 1/3 seats or 1/100; whichever is greater Retail 1/200 4/1,000 1/250 1/300 exclusive of storage areas 1/200 sf first 5,000 sf; 1/250 sf for area greater than 5,000 sf Only allowed as ancillary use 1/175 when less than 10,000 sf; 1/200 when greater than 10,000 sf Location Building Orientation: Franklin Avenue: Lots adjoining Franklin Avenue shall provide a minimum of one primary entry facing Franklin Avenue. Primary entry doors shall be visible and accessible from the public sidewalk. Building Transparency: Franklin Avenue Frontages : For new buildings or new additions fronting Franklin Avenue, a minimum 15% facade transparency shall be provided at the ground level or first 12 feet of height above grade, 2.5/1,000 1/1,000 for manufacturing and storage +1/300 for office n/a Less than 250,000 sf: 1/250, Greater than 250,000 sf: 1/300 All industrial: 5/1,000 unless in a transit priority area; 4.3/1,000 1/500 1/500 1/1,000 1/200 1/200 453 Parking n/a On the same lot as the main building for which such parking is required, or on property immediately contiguous, adjacent to, or within close proximity to the lot, provided the parking is located within reasonable walking distance On the same site as the primary use n/a 25 feet from property line when across from residential Enclosed spaces shall be 20 ft. from property line Located at side or rear of buildings where possible. May not be located within 10 ft. of street property line. 65 ft. from ROW of major arterial, 25 ft on lots less than 400 ft deep or on street other than major arterial Vehicular Access Drive entrances shall coordinate with future median openings. Aisle ways without adjacent parking shall be a minimum 24 feet in width. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. n/a n/a n/a n/a n/a n/a n/a Loading n/a "Adequate area" 1 off-street or off-alley/25,000 n/a n/a Located to the rear of buildings May not be located within required yard May not be located within 30 ft. of residential 65 ft. from ROW of major arterial, 25 ft on lots less than 400 ft deep or on street other than major arterial. Must be screened from view by a decorative wall. Must be located to side and rear of buildings except on dedicated streets where max 50% of building frontage may have loading. Lots adjoining an alley are prohibited from providing curb cuts along street frontages. For lots not adjoining an alley, a maximum of 1 curb cut is allowed for each 150 ft of lot frontage along a public street. New curb cuts along Franklin Avenue are prohibited. Curb cuts shall not be more than 25 ft in width except where required by the City to be larger for safety purposes. Not required if gross building area <50,000 sf. Required if gross building area > or equal to 50,000 sf and/or required for the following uses when the use exceeds 2,500 sf in size: restaurant or other food sales and service. On-site loading areas shall be at least 18 ft long and 10 ft wide. For lots adjoining an alley, loading areas shall adjoin or have access from the 2.5 spaces per 1,000 sf gross floor area (or per 1,000 sf of gross floor area of addition). Shall be on-site, off-site per covenanted agreement, or addressed through payment of in-lieu fees. Tandem spaces: max length of 40 ft May be located in setback Must be designed so that vehicles need not extend onto public sidewalks, streets, or alleys. If an adjoining alley, a requied loading space shall be accessible from the alley unless alternative access is approved by the director. Design Standards n/a n/a Lighting, outdoor storage limits, equipment and trash enclosure screening, TDM requirements Lighting, outdoor storage limits, equipment and trash enclosure screening. Additional requirements for truck and storage facilities, truck docks, noise attenuation, and buffering when adjacent to residential Sidewalks must be provided if none exist. Outdoor storage, equipment, and trash enclosure screening. Business, technology, and office parks of 80,000 sf or more must provide 10% open space and pedestrian walkways. Additionally, a lighting, landscaping, and signage concept plan is required. Sidewalks, pedestrian and bicycle facilities required. Equipment screening. No outdoor storage Parking and Loading Requirement (space/sf unless indicated) Office 1/250 3 stories or lower: 1/250, more than 3 stories: 3/1,000 1/250 1/300 1/300 sf 1/300 1/200 Research and Development 1/250 3 stories or lower: 1/250, more than 3 stories: 3/1,000 1/250 1/300 1/400 sf 1/600 for manufacturing and assembly; 1/300 for office; 1/1,500 for warehousing; and 1/800 for laboratory Manufacturing 1/500 n/a 1/750 1/300 1/1,000 sf 1/1,500 for use area plus 1/300 for office Warehousing 1/500 .4/1,000 of outdoor storage area 1/1,000 up to 20,000, 2/2,000 for 20,000- 40,000, 1/4,000 in excess of 40,000 1/200 sf office area + 1/800 other indoor area; minimum 1/625 1/1,500 sf 1/2,000 for area up to 10,000 sf. 1/5,000 for area over 10,000 sf plus 1/300 for office 1/1,000 for manufacturing and storage +1/300 for minimum 25% of floor area Restaurant 1/100 20 seats or less: 5.5/1,000, more than 20 seats: 10/1,000 1/75 up to 6,000, 1.55 over 6,000 The greater of 1/3.5 seats + 10% for employees or 1/100 1/100 sf Only allowed as ancillary use 1/3 seats or 1/100; whichever is greater Retail 1/200 4/1,000 1/250 1/300 exclusive of storage areas 1/200 sf first 5,000 sf; 1/250 sf for area greater than 5,000 sf Only allowed as ancillary use 1/175 when less than 10,000 sf; 1/200 when greater than 10,000 sf Location Building Orientation: Franklin Avenue: Lots adjoining Franklin Avenue shall provide a minimum of one primary entry facing Franklin Avenue. Primary entry doors shall be visible and accessible from the public sidewalk. Building Transparency: Franklin Avenue Frontages : For new buildings or new additions fronting Franklin Avenue, a minimum 15% facade transparency shall be provided at the ground level or first 12 feet of height above grade, 2.5/1,000 1/1,000 for manufacturing and storage +1/300 for office n/a Less than 250,000 sf: 1/250, Greater than 250,000 sf: 1/300 All industrial: 5/1,000 unless in a transit priority area; 4.3/1,000 1/500 1/500 1/1,000 1/200 1/200 RT Zone: Development Standards Comparison Table City Anaheim Irvine San Diego Fremont San Leandro San Carlos Union City District General Industrial (IG)Limited Industrial (IL) McDonnell Centre Business Park Industrial (I)5.5 Medical Science Industrial Park (IP- 1-1)Tech Industrial (I-T) Industrial Park (IP) Industrial Professional (IP) Research and Development Campus (RDC) Relation to HB RT Zone Existing zoning district in Gothard Corridor Existing zoning district in Northwest Industrial Area Specific plan standards and process is effective in allowing the type of development the City wants to see Feedback from stakeholders indicated that Anaheim standards and process was effective Feedback from stakeholders indicated that Irvine standards and process was effective Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Purpose/Description The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution The IL Limited Industrial District provides sites for moderate- to low- intensity industrial uses, commercial services and light manufacturing The purpose of this section is to provide specific development regulations and standards that will be applied to individual development projects in each Planning Area of the Specific Plan. Upon adoption by the City of Huntington Beach, the McDonnell Centre Business Park Specific Plan will be the zoning document for the project area. The intent of the “I” Industrial Zone is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. This category allows the development of a biomedical/high technology complex combining health care facilities and related businesses, medical research and education, general research and development, and light manufacturing and assembly in one master planned area. The purpose of the IP zones is to provide for high quality science and business park development. The property development standards of this zone are intended to create a campus-like environment characterized by comprehensive site design and substantial landscaping. Restrictions on permitted uses and signs are provided to minimize commercial influence. IP-1-1 allows research and development uses with some limited manufacturing Smoky Hollow West Smoky Hollow East The purpose of the I-T district is to provide areas devoted to research and development activities, “clean and green” tech, and semi- conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities. Within this district certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials (Section 18.190.220, High intensity hazardous materials users), are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is characterized by superior architectural and landscaping treatment and site planning. To provide and protect industrial lands for the development in a landscaped setting of communities of high technology, research and development facilities, limited industrial activities (including production and assembly but not raw materials processing or bulk handling), small-scale warehousing and distribution, industrial office centers, certain types of specified retail sales, and related uses. This district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses. Permitted uses include incubator research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities. Accessory or secondary small-scale retail uses that serve local employees and visitors are also permitted. The purpose of the RDC district is to provide space for a flexible range of activities which have low or no nuisance characteristics. This district supports “flex” space that can be adapted to office, research and development, and service/sales uses. In addition, it allows for manufacturing uses consistent with the light industrial designation. The RDC district is a more dense development designation because it is in close proximity to the BART station and the station district. This designation is applied where it is intended to intensify industrial development over a period of years. Minimum Lot Size (sf unless indicated) 1.0-2.5 (AC) 10,000 40,000 5,600 11,200 20,000 7,500 1 ac 5 ac Minimum Lot Frontage (ft.)250 n/a 100 70 50 75 70 Minimum Average Lot Width (ft.)n/a n/a n/a n/a n/a n/a n/a Minimum Lot Depth (ft.)n/a n/a 200 n/a n/a n/a n/a Maximum Lot Coverage (% of lot)n/a 50 n/a 40 n/a 70 Maximum Floor Area Ration (FAR)0.65-0.75 0.5 n/a 2 0.75 1.0. .35, .45 for general warehouse and manufacturing 0.8 2.0.0.4 min; 2.0 max n/a El Segundo Smoky Hollow Specific Plan Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses 50 n/a n/a 0.75 Huntington Beach 20,000 Site Area: The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between 100 n/a n/a n/a 454 Parking n/a On the same lot as the main building for which such parking is required, or on property immediately contiguous, adjacent to, or within close proximity to the lot, provided the parking is located within reasonable walking distance On the same site as the primary use n/a 25 feet from property line when across from residential Enclosed spaces shall be 20 ft. from property line Located at side or rear of buildings where possible. May not be located within 10 ft. of street property line. 65 ft. from ROW of major arterial, 25 ft on lots less than 400 ft deep or on street other than major arterial Vehicular Access Drive entrances shall coordinate with future median openings. Aisle ways without adjacent parking shall be a minimum 24 feet in width. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. n/a n/a n/a n/a n/a n/a n/a Loading n/a "Adequate area" 1 off-street or off-alley/25,000 n/a n/a Located to the rear of buildings May not be located within required yard May not be located within 30 ft. of residential 65 ft. from ROW of major arterial, 25 ft on lots less than 400 ft deep or on street other than major arterial. Must be screened from view by a decorative wall. Must be located to side and rear of buildings except on dedicated streets where max 50% of building frontage may have loading. Lots adjoining an alley are prohibited from providing curb cuts along street frontages. For lots not adjoining an alley, a maximum of 1 curb cut is allowed for each 150 ft of lot frontage along a public street. New curb cuts along Franklin Avenue are prohibited. Curb cuts shall not be more than 25 ft in width except where required by the City to be larger for safety purposes. Not required if gross building area <50,000 sf. Required if gross building area > or equal to 50,000 sf and/or required for the following uses when the use exceeds 2,500 sf in size: restaurant or other food sales and service. On-site loading areas shall be at least 18 ft long and 10 ft wide. For lots adjoining an alley, loading areas shall adjoin or have access from the 2.5 spaces per 1,000 sf gross floor area (or per 1,000 sf of gross floor area of addition). Shall be on-site, off-site per covenanted agreement, or addressed through payment of in-lieu fees. Tandem spaces: max length of 40 ft May be located in setback Must be designed so that vehicles need not extend onto public sidewalks, streets, or alleys. If an adjoining alley, a requied loading space shall be accessible from the alley unless alternative access is approved by the director. RT Zone: Development Standards Comparison Table City Anaheim Irvine San Diego Fremont San Leandro San Carlos Union City District General Industrial (IG)Limited Industrial (IL) McDonnell Centre Business Park Industrial (I)5.5 Medical Science Industrial Park (IP- 1-1)Tech Industrial (I-T) Industrial Park (IP) Industrial Professional (IP) Research and Development Campus (RDC) Relation to HB RT Zone Existing zoning district in Gothard Corridor Existing zoning district in Northwest Industrial Area Specific plan standards and process is effective in allowing the type of development the City wants to see Feedback from stakeholders indicated that Anaheim standards and process was effective Feedback from stakeholders indicated that Irvine standards and process was effective Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Purpose/Description The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution The IL Limited Industrial District provides sites for moderate- to low- intensity industrial uses, commercial services and light manufacturing The purpose of this section is to provide specific development regulations and standards that will be applied to individual development projects in each Planning Area of the Specific Plan. Upon adoption by the City of Huntington Beach, the McDonnell Centre Business Park Specific Plan will be the zoning document for the project area. The intent of the “I” Industrial Zone is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. This category allows the development of a biomedical/high technology complex combining health care facilities and related businesses, medical research and education, general research and development, and light manufacturing and assembly in one master planned area. The purpose of the IP zones is to provide for high quality science and business park development. The property development standards of this zone are intended to create a campus-like environment characterized by comprehensive site design and substantial landscaping. Restrictions on permitted uses and signs are provided to minimize commercial influence. IP-1-1 allows research and development uses with some limited manufacturing Smoky Hollow West Smoky Hollow East The purpose of the I-T district is to provide areas devoted to research and development activities, “clean and green” tech, and semi- conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities. Within this district certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials (Section 18.190.220, High intensity hazardous materials users), are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is characterized by superior architectural and landscaping treatment and site planning. To provide and protect industrial lands for the development in a landscaped setting of communities of high technology, research and development facilities, limited industrial activities (including production and assembly but not raw materials processing or bulk handling), small-scale warehousing and distribution, industrial office centers, certain types of specified retail sales, and related uses. This district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses. Permitted uses include incubator research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities. Accessory or secondary small-scale retail uses that serve local employees and visitors are also permitted. The purpose of the RDC district is to provide space for a flexible range of activities which have low or no nuisance characteristics. This district supports “flex” space that can be adapted to office, research and development, and service/sales uses. In addition, it allows for manufacturing uses consistent with the light industrial designation. The RDC district is a more dense development designation because it is in close proximity to the BART station and the station district. This designation is applied where it is intended to intensify industrial development over a period of years. Minimum Lot Size (sf unless indicated) 1.0-2.5 (AC) 10,000 40,000 5,600 11,200 20,000 7,500 1 ac 5 ac Minimum Lot Frontage (ft.)250 n/a 100 70 50 75 70 Minimum Average Lot Width (ft.)n/a n/a n/a n/a n/a n/a n/a Minimum Lot Depth (ft.)n/a n/a 200 n/a n/a n/a n/a Maximum Lot Coverage (% of lot)n/a 50 n/a 40 n/a 70 Maximum Floor Area Ration (FAR)0.65-0.75 0.5 n/a 2 0.75 1.0. .35, .45 for general warehouse and manufacturing 0.8 2.0.0.4 min; 2.0 max n/a El Segundo Smoky Hollow Specific Plan Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses 50 n/a n/a 0.75 Huntington Beach 20,000 Site Area: The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between 100 n/a n/a n/a 455 Landscaping All setback and parking lot areas fronting on, or visible from, adjacent public streets shall be landscaped and permanently maintained in an attractive manner front setback is required to be landscaped 15% of site n/a Required along street frontages and adjacent to residential and in parking lots 15% of site, street facing yards must be landscaped 10% of site 15% of site Trash The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets, adjacent residential uses and zones, or other public rights-of- way. n/a n/a n/a n/a n/a n/a Design Review Site Plan Review Required for all developments, extensions or expansions of lots, structures, or uses; and landscaping or screening Site plan review for new construction greater than 5,000 sf, additions greater than 5,000 sf and 10% of floor area, major structural upgrades that extend the economic viability of nonconforming structures or uses, outdoor storage or loading areas visible from off- site, site modification in excess of 5,000 sf. Required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area. Design Guidelines Yes Anti-graffiti landscaping design guidelines No Yes No No Surface Parking Lot Landscaping : On sites larger than 22,400 sf, a minimum of 1 tree shall be provided on site for every 4 at-grade, open- to-the-sky surface parking spaces. Each required tree shall be a minimum 24-inch box Shall be contracted with an approved local service provider. Shall be screened per ESMC 15-2- 8 D. On lots adjoining an alley, refuse collection storage areas shall be oriented to and accessed from the alley. Planning Commission review and approval for compliance with design standards. All structures shall be designed to the state of the art for higher quality projects of the type proposed. Emphasis on the design of elevations and walls facing street frontages. Yes n/a Refuse storage area screened on three sides by a six-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multifamily residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the director. The trash area shall not face a street or be located in a required setback. Required for all projects pursuant to any other provision of this Zoning and Subdivision Ordinance and for all projects located within redevelopment areas, specific plans as applicable, areas designated by the City Council, City facilities or projects abutting or adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and General Plan primary and secondary entry nodes. Yes, available for industrial/business park and for auto repair services under "special consideration commercial guiedlines" RT Zone: Development Standards Comparison Table City Anaheim Irvine San Diego Fremont San Leandro San Carlos Union City District General Industrial (IG)Limited Industrial (IL) McDonnell Centre Business Park Industrial (I)5.5 Medical Science Industrial Park (IP- 1-1)Tech Industrial (I-T) Industrial Park (IP) Industrial Professional (IP) Research and Development Campus (RDC) Relation to HB RT Zone Existing zoning district in Gothard Corridor Existing zoning district in Northwest Industrial Area Specific plan standards and process is effective in allowing the type of development the City wants to see Feedback from stakeholders indicated that Anaheim standards and process was effective Feedback from stakeholders indicated that Irvine standards and process was effective Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses Purpose/Description The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution The IL Limited Industrial District provides sites for moderate- to low- intensity industrial uses, commercial services and light manufacturing The purpose of this section is to provide specific development regulations and standards that will be applied to individual development projects in each Planning Area of the Specific Plan. Upon adoption by the City of Huntington Beach, the McDonnell Centre Business Park Specific Plan will be the zoning document for the project area. The intent of the “I” Industrial Zone is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. This category allows the development of a biomedical/high technology complex combining health care facilities and related businesses, medical research and education, general research and development, and light manufacturing and assembly in one master planned area. The purpose of the IP zones is to provide for high quality science and business park development. The property development standards of this zone are intended to create a campus-like environment characterized by comprehensive site design and substantial landscaping. Restrictions on permitted uses and signs are provided to minimize commercial influence. IP-1-1 allows research and development uses with some limited manufacturing Smoky Hollow West Smoky Hollow East The purpose of the I-T district is to provide areas devoted to research and development activities, “clean and green” tech, and semi- conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities. Within this district certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials (Section 18.190.220, High intensity hazardous materials users), are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is characterized by superior architectural and landscaping treatment and site planning. To provide and protect industrial lands for the development in a landscaped setting of communities of high technology, research and development facilities, limited industrial activities (including production and assembly but not raw materials processing or bulk handling), small-scale warehousing and distribution, industrial office centers, certain types of specified retail sales, and related uses. This district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses. Permitted uses include incubator research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities. Accessory or secondary small-scale retail uses that serve local employees and visitors are also permitted. The purpose of the RDC district is to provide space for a flexible range of activities which have low or no nuisance characteristics. This district supports “flex” space that can be adapted to office, research and development, and service/sales uses. In addition, it allows for manufacturing uses consistent with the light industrial designation. The RDC district is a more dense development designation because it is in close proximity to the BART station and the station district. This designation is applied where it is intended to intensify industrial development over a period of years. Minimum Lot Size (sf unless indicated) 1.0-2.5 (AC) 10,000 40,000 5,600 11,200 20,000 7,500 1 ac 5 ac Minimum Lot Frontage (ft.)250 n/a 100 70 50 75 70 Minimum Average Lot Width (ft.)n/a n/a n/a n/a n/a n/a n/a Minimum Lot Depth (ft.)n/a n/a 200 n/a n/a n/a n/a Maximum Lot Coverage (% of lot)n/a 50 n/a 40 n/a 70 Maximum Floor Area Ration (FAR)0.65-0.75 0.5 n/a 2 0.75 1.0. .35, .45 for general warehouse and manufacturing 0.8 2.0.0.4 min; 2.0 max n/a El Segundo Smoky Hollow Specific Plan Example of recently implemented standards to transition from traditional industrial into a zone that supports research and technology uses 50 n/a n/a 0.75 Huntington Beach 20,000 Site Area: The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between 100 n/a n/a n/a 456 This page intentionally left blank. 457 City of Huntington Beach Technical Background Analysis 25 6. Parking This section reviews existing off-street parking regulations as well regulations applied for comparable zones in other cities. The Institute of Transportation Engineers (ITE) research and recommendations are also considered for applicability to the new Research and Technology zone. Parking regulations may need to be amended to provide flexibility and reflect the needs of envisioned uses. Existing Regulations The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) governs land uses and development regulations including off-street parking. Section 212.04 governs existing Limited Industrial (IL) and General Industrial (IG) zoning designations for the rezone area and references Chapter 231 for Off-Street Parking and Loading Requirements. Relevant existing parking requirements are summarized in the table below and range from 1 space per 200 square feet to 1 space to 2,000 square feet depending upon the building use. An additional development standard relating to off-street parking and loading currently for the IG and IL zones is identified as note J: Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. Table 1- Existing Parking Ratios Use Parking Ratio (space/square feet) COMMERCIAL Eating and drinking establishments With less than 12 seats With more than 12 seats With dancing With drive through service 1 per 200 sq. ft. 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Plus 1 per 50 sq. ft. of dancing area Plus queue space for 5 cars per service window Food and beverage sales 1 per 200 sq. ft. Laboratories 1 per 500 sq. ft. Offices, business and professional 1 per 250 sq. ft. for less than 250,000 sq. ft. 1 per 300 sq. ft. for 250,000 sq. ft. or more Research and development services 1 per 500 sq. ft. Retail sales not listed under another use classification 1 per 200 sq. ft. Warehouse and sales outlets 1 per 200 sq. ft. 458 February 2019 26 Use Parking Ratio (space/square feet) INDUSTRIAL Speculative buildings 1 per 500 sq. ft. (maximum 10% office area) Manufacturing, research assembly, packaging 1 per 500 sq. ft. Wholesaling, warehousing and distributing space 1 per 1,000 sq. ft. Offices 1 per 250 sq. ft. if office area exceeds 10% of gross floor area Outside uses: storage, wrecking/ salvage and lumber yards 1 per 5,000 square feet of lot area, but no less than 5 Mini-storage facilities Single-story Each additional story 1 per 5,000 square feet 1 per 2,000 square feet plus 2 spaces for caretaker’s unit Currently the joint use of parking may be allowed subject to findings as provided in Section 231.06 (Joint Use Parking) and reduced parking for certain uses may be considered through processing of a conditional use permit pursuant to Section 231.08 (Reduced Parking for Certain Uses). Related regulations address vehicular access in Section 231.18 (Design Standards) which require all off-street parking spaces to have access to a public street or alley, and to have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Further, Section 231.20 (Bicycle Parking) provides bicycle parking requirements for nonresidential uses as well as residential uses. Warner-Gothard Center 459 City of Huntington Beach Technical Background Analysis 27 Institute of Traffic Engineers (ITE) Parking Generation ITE Parking Generation (4th Edition) currently does not establish a specific parking generation rate for a research and technology classification. However, Land Use 110 General Light Industrial and Land Use 130 Industrial Park provide for the closest comparable uses and rates provided below. The database relied upon for development of these rates consisted of a mix of suburban and urban sites. Parking demand rates at the suburban sites were similar to those at urban sites and, therefore, the data were combined and analyzed together. • Land Use 110 (General Light Industrial) - Weekday per 1,000 gross square ft ranges from 0.36 to 1.19 parking space (or 1 space per 360 sf to 1,190 sf). • Land Use 130 (Industrial Park) – Weekday per 1,000 gross square ft ranges from 0.55 to 2.44 parking space (or 1 space per 550 sf to 2,440 sf). Parking Requirements Comparison with Other Cities In addition, a survey of parking rates in other comparable jurisdictions was conducted. As part of the evaluation of comparable zoning regulations in other jurisdictions provided earlier in this report, parking standards are also summarized in Table 1. Additional cities with relevant high-tech and research and development districts were also evaluated for relevant parking strategies and generation rates. These include the cities of Mountain View, Clovis, San Jose and Santa Clara. The cities of Clovis and Mountain View have prepared comprehensive reports addressing parking and other requirements for research and development uses. Briefly, the following generation rates were identified for these four additional cities: • City of Clovis: One space per 350 sf for research and development • City of Mountain View: One space per 250 sf for research and development • City of San Jose: One space per 350 sf for research and development • County of Santa Clara: One space per 350 sf plus 1 per employee for research and development (agricultural) In summary the existing parking ratios required for the City of Huntington Beach fall within the standard practices for the range of uses envisioned in the RT zone. Potential Parking Strategies While existing parking ratio regulations are within industry standards, flexibility, streamlined processes, and strategies to address a mix of uses onsite and the envisioned future uses was identified by stakeholders as a priority for the RT zone area. In addition, stakeholder feedback noted that some areas of the study area are characterized by 460 February 2019 28 abundant parking while other areas are challenged to provide adequate parking onsite. Preliminary considerations and strategies are provided below: • Mixed and Accessory Uses. For mixed and accessory uses, the total requirement for off-street parking spaces would be the sum of the requirements of the various uses on the site except as provided in existing regulations. However, for square footage dedicated to accessory uses occupying no more than thirty (30) percent of the gross floor area, this area could be subject to the same parking requirements of the primary use of the building in which it is located. • Transit and Bicycle Parking. Parking reductions of five (5) percent by staff should be considered if the property is near a bus route and less than 600 feet from a bus stop or a minimum for three (3) bicycle racks are provided for employees (on site or in a secure area). • Minor Reduction. Additional parking reductions may be considered up to ten (10) percent through Zoning Administrator review and approval via a parking study prepared by a registered traffic engineer supporting findings that the provided parking is adequate. Alternatively, the level of review could be adjusted to be more ministerial and only require approval by staff or could be adjusted to be more rigorous with approval required at the Planning Commission level. The study may include alternative modes of transportation such as bicycles, scooters, or other types of motorized personal means of transportation that is allowed by the City. The applicant should provide documentation to make the following parking study findings (the findings could be modified): o That the reduction, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; o That the reduction, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon public streets in the immediate vicinity of the proposed use; o That the reduction, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use; 461 City of Huntington Beach Technical Background Analysis 29 o That the reduction, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and o That the reduction, under the conditions imposed, if any, will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. • Comprehensive Approach. The City could undertake a longer-range, comprehensive approach to parking and mobility by supporting extension of active transportation in the study area including bicycle and pedestrian facilities and expanding transit systems and accommodations for ridesharing services. Such implementing actions could effectively reduce the parking demand onsite for individual businesses. In addition, to optimize utilization of parking, a local-serving shuttle could provide the opportunity for employees to park offsite at underutilized areas (perhaps surplus parking on the Boeing site) and easily access workplaces as well as supporting commercial uses (such as lunch vendors). While these strategies are beyond the rezoning effort, such approaches could contribute to making the area more attractive for investment by envisioned research and technology businesses. 7. Wi-Fi, Broadband and Fiber Optic Infrastructure A critical element for the success of envisioned clean-tech uses in the new RT zone is the provision of high-speed internet services and supporting infrastructure. While not necessarily a part of the rezoning effort, background is provided in this section as high- speed internet is an important to the attraction and success of desired businesses. The City’s Broadband Strategic Plan (August 2016) provides a high-level strategic plan that explores options for maximizing the economic development benefits of the City's existing broadband infrastructure, integrating potential future broadband projects with the City's broader economic development planning, and meeting the broadband connectivity needs of business in the City. Broadband is internet access that is always on and faster than the traditional dial-up access. It is generally defined as at least 25Mbps (Megabits per second) download (coming from a service) and 3Mbps upload (sending to a service). Broadband internet service is the most used form of internet access because of its high access speeds; in Huntington Beach it is offered in many forms, DSL (Digital Subscriber Line), fiber optic, cable tv, cellular broadband or microware/satellite. 462 February 2019 30 The Broadband Strategic Plan identifies a number of strategies and methods to improve high-speed internet access including: coordination of improvements with other capital projects for cost efficiencies, building networks to City-owned properties, potential pilot projects with private partners, and potential long-term revenue opportunities. To support implementation of high-speed internet access, the City recently acquired 11,000 streetlights from Southern California Edison (SCE). These new vertical assets provide opportunities for the implementation and installation of smart city initiatives and the collaboration between the City and the telecommunications industry as they seek to deploy small cell technology. In September 2017 the City revised the Zoning Code for the permitting of small cell technology in the public right-of-way. The purpose of this revision was to streamline the process for permitting small cells that meet City design standards within the public right-of-way. In addition, the City has created a Fiber Master Plan that outlines priority areas for fiber optic network improvements. Within the RT zone area as of October 2018, fiber optic infrastructure has been placed along a segment of Gothard Street south of Warner Avenue. Future phases are planned along Bolsa Chica Street, Springdale Street, Graham Street and Edinger Avenue in the Northwest Industrial Area and along additional segments of Gothard Street, Warner Avenue, and Slater Avenue in vicinity of the Gothard Corridor. As additional high-speed internet infrastructure becomes available, the RT zone area will become increasingly attractive to envisioned research and technology uses. 463 City of Huntington Beach Technical Background Analysis 31 A. Appendix 212.04 IG and IL Districts—Land Use Controls In the following schedules, letter designations are used as follows: “P” designates use classifications permitted in the I districts. “L” designates use classifications subject to certain limitations prescribed by the “Additional Provisions” which follow. “PC” designates use classifications permitted on approval of a conditional use permit by the Planning Commission. “ZA” designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. “TU” designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. “P/U” for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the “Additional Provisions” column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG and IL Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use - = Not Permitted IG IL Additional Provisions Residential Group Residential PC PC (I) Public and Semipublic (A)(L) Community and Human Service Facilities P P (K) Day Care, General ZA ZA Heliports PC PC (N) Maintenance & Service Facilities ZA ZA Public Safety Facilities P P 464 February 2019 32 Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (O) Commercial Uses (D)(L) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists’ Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (R)(T) Food & Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business & Professional L-1 L-1 (G) Personal Enrichment L-9 L-9 (T) Personal Services L-1 L-1 Quasi-Residential PC PC (J) Research & Development Services P P Sex-Oriented Businesses (regulated by Ch. 5.70) L-11 L-11 Sex-Oriented Businesses (regulated by Ch. 5.60) PC PC (Q) Swap Meets, Indoor/Flea Markets PC PC (P) Vehicle/Equipment Sales & Services 465 City of Huntington Beach Technical Background Analysis 33 Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equipment Sales/Rentals L-5 L-5 Vehicle Storage P ZA (H) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R & D P P Wholesaling, Distribution & Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (S) Real Estate Sales P P Trade Fairs P P (E) Nonconforming Uses (F) IG and IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: A. Minimum site area: three acres. B. Maximum commercial space: 35% of the gross floor area and 50% of the ground floor area of buildings fronting on an arterial highway. C. Phased development: 25% of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include five percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. 466 February 2019 34 L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a freestanding structure or as a secondary use in a building provided that no more than 20% of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. See Section 230.44, Recycling Operations. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. L-10 Reserved. L-11 Allowed subject to the following requirements: A. A proposed sex-oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a “sensitive use”) and at least 750 feet from another sex-oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex-oriented business to the lot line of the sensitive use or the other sex-oriented business. The term “residential use” means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex-oriented business is proposed which includes all the proposed parking and: 1. The lot line of any other sex-oriented business within 750 feet of the lot line of the proposed sex-oriented business; and 2. The lot line of any building used for religious assembly, school, or park and recreational facility within 500 feet of the lot line of the proposed sex-oriented business; and 3. The lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within 500 feet of the lot line of the proposed sex-oriented business. B. The front façade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. 467 City of Huntington Beach Technical Background Analysis 35 C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community Development Department staff review of a sex-oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within 10 days of submittal, the director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within 10 days. Within 30 days of receipt of a completed application, the director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking and Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. 2. Section 233.08(B), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance except a. Such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict “specified anatomical areas” or “specified sexual activities”; and b. Only the smallest of the signs permitted under Section 233.08(B) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The director shall grant or deny the application for a sex-oriented business zoning permit for a sex-oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten working days prior to submittal of an application for a sex-oriented business zoning permit for staff review, the applicant shall: (1) cause notice of the application to be printed in a newspaper of general circulation; and (2) give mailed notice of the application to property owners within 1,000 feet of the proposed location of the sex-oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex-oriented business, including street address (if known) and/or lot and tract number; 3. Nature of the sex-oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 468 February 2019 36 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be 10 working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex-oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex-oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the director of the transfer. I. A sex-oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. (A) Repealed. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10% of the floor area of the primary industrial use. (D) Adjunct office and commercial space, not to exceed 25% of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (E) See Section 241.22, Temporary Use Permits. (F) See Chapter 236, Nonconforming Uses and Structures. (G) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10% of the total amount of space on the site of the industrial use. (H) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: 469 City of Huntington Beach Technical Background Analysis 37 (1) The site shall not be located within 660 feet of an R district. (2) All special metal cutting and compacting equipment shall be completely screened from view. (3) Storage yards shall be enclosed by a solid six-inch concrete block or masonry wall not less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (4) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (I) Limited to facilities serving workers employed on-site. (J) Limited to single room occupancy uses. (See Section 230.46.) (K) Limited to emergency shelters. (See Section 230.52, Emergency Shelters.) (L) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building’s floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (M) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than one- third of the site for outdoor operation. (N) See Section 230.40, Helicopter Takeoff and Landing Areas. (O) See Section 230.44, Recycling Operations. (P) See Section 230.50, Indoor Swap Meets/Flea Markets. (Q) See L-11(A) relating to locational restrictions. (R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (S) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Community Development Director. (T) Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, 3703-3/05, 3708-6/05, 3724- 02/06, 3788-12/07, 3843-11/09, 3860-2/10, 4039-12/14, 4092-10/16) 212.06 IG and IL Districts—Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the “Additional Requirements” column reference requirements following the schedule or located elsewhere in this title. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. 470 February 2019 38 IG IL Additional Requirements Residential Development (M) Nonresidential Development Minimum Lot Area (sq. ft.) 20,000 20,000 (A)(B) Minimum Lot Width (ft.) 100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.) 10; 20 10; 20 (D) Side (ft.) 0 15 (E)(F) Street Side (ft.) 10 10 Rear (ft.) 0 0 (E) Maximum Height of Structures (ft.) 40 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Fences and Walls See § 230.88 Off-Street Parking and Loading See Ch. 231 (J) Outdoor Facilities See § 230.74 Screening of Mechanical Equipment See § 230.76 (K) Refuse Storage Area See § 230.78 Underground Utilities See Ch. 17.64 Performance Standards See § 230.82 (L) Nonconforming Uses and Structures See Ch. 236 Signs See Ch. 233 IG and IL Districts: Additional Development Standards (A) See Section 230.62, Building Site Required, and Section 230.64, Development on Substandard Lots. (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (C) See Section 230.68, Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (D) The minimum front setback shall be 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10-foot setback is required. All I Districts. An additional setback is required for buildings exceeding 25 feet in height (one foot for each foot of height) and for buildings exceeding 150 feet in length (one foot for each 10 feet of building length) up to a maximum setback of 30 feet. 471 City of Huntington Beach Technical Background Analysis 39 (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yard opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30- foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped area is provided solely for loading and unloading entirely within the building. (G) See Section 230.70, Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A six-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (I) See Chapter 232, Landscape Improvements. (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (K) See Section 230.80, Antennae. (L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state-licensed acoustical engineer is approved by the director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94, 4039-12/14) 241.02 Procedures Established This chapter establishes procedures for approval, conditional approval, or disapproval of applications for conditional use permits, and variances, temporary use permits, and waivers of development standards, and neighborhood notification. A. Conditional use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. B. Variances may be granted to resolve practical difficulties or unnecessary physical hardsh ips that may result from the size, shape, or dimensions of a site or the location of existing structures 472 February 2019 40 thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off -street parking and off-street loading, and performance standards. C. Temporary use permits may be granted for temporary use classifications and for other uses of temporary nature. D. Waivers of certain development standards may be granted to improve project design, subject to limitations. E. Neighborhood notification is a procedure that shall notify property owners and tenants within a 300-foot radius when no entitlement is required. (3712-6/05) 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding 20% deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements. (3334-6/97, 3410-3/99, 3712-6/05) 241.06 Initiation Applications for conditional use permits and variances shall be initiated by submitting an application and necessary accompanying data as prescribed by the director and the required fee. 241.08 Notice and Public Hearing A. Public Hearing and Notice Required. The Planning Commission or Zoning Administrator shall hold a duly-noticed public hearing on an application for a conditional use permit or variance consistent with the requirements of Chapter 248. B. Multiple Applications. When applications for multiple conditional use permits or variances on a single site are filed at the same time, the director may schedule a combined public hearing. 241.10 Required Findings An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or Zoning Administrator finds that: A. For All Conditional Use Permits. 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. 473 City of Huntington Beach Technical Background Analysis 41 2. The granting of the conditional use permit will not adversely affect the General Plan. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 and any specific condition required for the proposed use in the district in which it would be located. B. For Variances. 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. C. Mandatory Denial. Failure to make all the required findings under subsection A or B of this section shall require denial of the application. 241.12 Conditions of Approval In approving a conditional use permit or variance, conditions may be imposed as necessary to: A. Make it consistent with the General Plan; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. 241.14 Effective Date—Appeals A conditional use permit or variance shall become effective 10 days after action by the Planning Commission or Zoning Administrator, unless appealed in accord with Chapter 248. 241.16 Time Limit—Transferability—Discontinuance—Revocation A. Time Limit. A conditional use permit or variance shall become null and void one year after its date of approval or at an alternative time specified as a condition of approval after its date of approval unless: 1. Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or 2. The use is established; or 3. The conditional use permit or variance is extended. 474 February 2019 42 B. Transferability. The validity of a conditional use permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the director for a transfer. No notice or public hearing on a transfer shall be required. C. Discontinuance. A conditional use permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. D. Revocation. A conditional use permit that is exercised in violation of a condition of approval or a provision of this ordinance may be revoked, as provided in Section 249.06. E. Extension of Time. A conditional use permit or variance may be extended by the director for a one-year period without notice or public hearing, if the findings required by Section 241.10 remain valid. 241.18 Changed Plans—New Application A. Changed Plans. A request for changes in conditions of approval of a conditional use permit or variance, or a change to development plans that would affect a condition of approval shall be treated as a new application. A request for changes to plans which will not affect a condition of approval may be approved by the director if the change is not substantial, use of property remains the same, the revision results in an improved development, and the density remains the same. Notice of the director’s approval shall be posted and distributed to the Planning Commission and the City Council within 48 hours of such decision. B. New Application. If an application for a conditional use permit or variance is disapproved, no new application for the same, or substantially the same, conditional use permit or variance shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. 241.20 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices, shall be subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the director. The director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Director. The director shall act on temporary uses held for four or fewer consecutive days that do not include live entertainment. The director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for four or fewer consecutive days. Such uses shall be approved with a temporary activity permit. C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held for more than four days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete application within a reasonable time. D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: 475 City of Huntington Beach Technical Background Analysis 43 1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan, and if located within the coastal zone, consistent with the policies of the Local Coastal Program, and the provisions of this chapter; and 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. E. Conditions of Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to: 1. Be consistent with the General Plan and in the coastal zone to be consistent with the Local Coastal Program; 2. Protect the public health, safety, and general welfare; or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. F. Bond for Temporary Uses. A $500.00 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A $1,000.00 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25. G. Effective Date—Duration—Appeals. An approved temporary (conditional) use permit shall be effective 10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit. (3528B-2/02, 3712-6/05) 241.22 Waiver of Development Standards A. Standards Which Can Be Waived. The director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he or she finds that such a waiver improves project design and does not exceed 10% deviation. No other standards shall be subject to this waiver provision. B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, Coastal Development Permit, or subdivision approval) may not apply for waiver. 476 February 2019 44 E. Decisions and Appeals. The director’s decision may be appealed in accord with Chapter 248. The director’s decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. (3528B-2/02, 3712-6/05) 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance or Downtown Specific Plan, the review and approval process shall include an Administrative Permit and notification to property owners and tenants within a 300-foot radius of the subject property. Notification requirements are as follows: A. Notification. Ten working days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the use, the applicant shall notice property owners and tenants by first class mail. B. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address (map is optional). 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. The Community Development Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Community Development Department and City appeal procedures. 6. The Community Development Department shall receive entire list including name and address of those receiving the mailing. C. Notice of Action. The director’s decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted on the City’s website. D. Appeals. The director’s decision may be appealed in accord with Chapter 248. (3712-6/05, 4098-10/16) 477 City of Huntington Beach File #:19-870 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Receive and File a Status Update on the 6th Cycle Regional Housing Needs Assessment (RHNA) Process Statement of Issue: During the July 15, 2019, City Council Study Session, Community Development staff presented an overview of the 6 th Cycle RHNA process and related items of information as directed by the City Council. At the end of the study session, the City Council requested monthly updates on the 6 th Cycle RHNA process. Financial Impact: There is no fiscal impact. Recommended Action: Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Alternative Action(s): Provide alternative direction to staff. Analysis: Since the July 15 City Council Study Session on the 6 th Cycle RHNA process, the following meetings and actions have occurred: ·July 22, 2019 - SCAG RHNA subcommittee meeting o The subcommittee recommended three RHNA methodology options to the SCAG Community, Economic and Human Development (CEHD) Committee and Regional Council ·August 1, 2019 - SCAG CEHD and Regional Council meeting o The CEHD and Regional Council approved the release of three draft RHNA methodology options for public review and comment. Mayor Pro-tem Semeta attended the meeting and represented the City on the CEHD Committee and Regional Council. ·August 2, 2019 - Start of the SCAG public review and comment period on the draft City of Huntington Beach Printed on 8/14/2019Page 1 of 2 powered by Legistar™478 File #:19-870 MEETING DATE:8/19/2019 ·August 2, 2019 - Start of the SCAG public review and comment period on the draft RHNA methodologies o The public review and comment period will be held from August 2, 2019,through September 3, 2019. Upcoming events and important dates: ·August 22, 2019 - SCAG public hearing on the proposed RHNA methodologies o City staff will attend the meeting. This meeting is open to the public and will be held from 1:00p.m. to 3:00p.m. at the City of Irvine Conference and Training Center, 1 Civic Center Plaza, Irvine, CA 92606. ·September 3, 2019 - Close of SCAG public review and comment period on the draft RHNA methodologies o City staff, in coordination with Mayor Pro-tem Semeta as the City’s SCAG representative, will review the three draft RHNA methodologies as proposed by SCAG and submit a written comment letter by the close of the comment period. Environmental Status: The filing of a status update on the 6 th Cycle RHNA process is not a project as defined by Section 15378 of the CEQA Guidelines and is not subject to CEQA. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): None City of Huntington Beach Printed on 8/14/2019Page 2 of 2 powered by Legistar™479 City of Huntington Beach File #:19-880 MEETING DATE:8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Dave Kiff, Interim City Manager PREPARED BY:Michele Warren, Director of Human Resources Subject: Approval of Tentative Agreement and introduction of proposed Memorandum of Understanding between the Huntington Beach Police Management Association (HBPMA) and the City of Huntington Beach for the period of January 1, 2018, through June 30, 2020 Statement of Issue: The City and the Huntington Beach Police Management Association (HBPMA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period January 1, 2018 , through June 30, 2020. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will come from the General Fund. The additional fiscal impact over the term of the agreement for recurring items is estimated at $26,054. The fiscal impact for one-time costs is estimated at $14,400. Recommended Action: Approve the “Tentative Agreement” and the introduction of the proposed Memorandum of Understanding between the Huntington Beach Police Management Association and the City of Huntington Beach for the period January 1, 2018, through June 30, 2020. Alternative Action(s): Do not approve the tentative agreement and the introduction of the proposed successor MOU for PMA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City’s Employer-Employee Relations Resolution. Analysis: Representatives for the City and HBPMA have been involved in active negotiations over an extended period and have successfully completed the meet and confer process with a tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of January 1, 2018, through June 30, 2020. City of Huntington Beach Printed on 8/14/2019Page 1 of 2 powered by Legistar™480 File #:19-880 MEETING DATE:8/19/2019 Highlights from the listing of tentatively agreed upon contract changes include the following: Term of Agreement January 1, 2018, through June 30, 2020 Medical Benefits Effective the beginning of the pay period of September 7, 2019, the City’s monthly contribution towards PMA medical plan premiums will increase as follows upon City Council final approval: ·Single $75 (City pays $774 per month to PORAC Plans) ·Two Party $224 (City pays $1623 per month to PORAC Plans) ·Family $287 (City pays $2076 per month to PORAC Plans) ·Opt-Out $75 (City pays $774 per month for OPT-OUT) City contributions to dental and vision benefits will not increase during the term of the agreement. One Time Reimbursement for the Purchase of Law Enforcement Related Equipment Effective the beginning of the pay period following City Council final approval of this 2018-2020 MOU, the City and Association agree to a one-time lump sum reimbursement payment of one thousand two hundred dollars ($1,200.00) for each employee covered by this agreement on the effective date of the provision, regarding the purchase of law enforcement related equipment. A summary of these and all other negotiated provisions are included in the legislative draft of the successor Memorandum of Understanding. Environmental Status: N/A Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Tentative Agreement 2. Fiscal Impact Report 3. Legislative Draft - PMA Memorandum of Understanding - Exhibit A 4. PowerPoint Presentation - PMA City of Huntington Beach Printed on 8/14/2019Page 2 of 2 powered by Legistar™481 482 City of Huntington BeachPMA Tentative AgreementAugust 08, 2019MOU Item #Description  Rate / $  Estimated Annual Impact  One‐Time  Estimated Impact  Note:1 Term: January 1, 2018 to June 30, 20202 Increase monthly maximum employer medical contribution $             287  $26,054         26,054  Based on current contributions3 One Time Payment for the Purchase of Law Enforcement Related Equipment1,200$           15,600   15,600       Must be used for the purchase of law enforcement related equipmentTotal Budget Impact 26,054         15,600 41,654    These estimates are subject to change and represent Management's best estimate and analysis of the fiscal impact and costs of the above proposal given the information that is available at this time.These estimates are subject to change.For Discussion Purposes Only483 Memorandum of Understanding Between Huntington Beach Police Management Association and City of Huntington Beach April 1, 2016 – December 31, 2017 January 1, 2018 - June 30, 2020 484 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 i PREAMBLE ................................................................................................................ 1 ARTICLE I -- REPRESENTATIONAL UNIT ................................................................... 1 ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT ......................................... 1 ARTICLE III -- SALARY SCHEDULES ........................................................................... 2 1. Wage Increase ............................................................................................................................. 2 ARTICLE IV - RETIREMENT .......................................................................................... 3 A. CLASSIC SAFETY EMPLOYEE RETIREMENT BENEFITS ....................................................... 2 1. 3 @ Age 50 Plan .......................................................................................................................... 2 2. 1959 Survivors' Benefits .............................................................................................................. 2 3. Pre-retirement Optional 2 Death Benefit ...................................................................................... 2 4. One Year Final Compensation ..................................................................................................... 2 5. Classic Safety CalPERS Member Contribution ........................................................................... 2 B. Self-Funded Supplemental Retirement Benefit ........................................................................................ 3 C. CalPERS "New Member" Retirement Benefits ......................................................................................... 3 D. "New Member" Safety Retirement Benefits .............................................................................................. 3 1. CalPERS "New Member" Safety Retirement Formulas ............................................................... 3 2. Employee Contributions ............................................................................................................... 3 3. 1959 Survivors' Benefit Level IV .................................................................................................. 3 4. Pre-Retirement Optional Settlement 2 Death Benefit .................................................................. 4 5.Three Year Final Compensation ................................................................................................... 4 ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS ................................... 4 A. HEALTH .................................................................................................................. 4 1. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA) .................................. 4 a. PEMHCA Employer Contributions .......................................................................................... 4 b. Maximum Employer Contributions Towards Flex Benefits ..................................................... 4 2. Dental Insurance .......................................................................................................................... 5 3. Retiree (Annuitant) Coverage ...................................................................................................... 5 a. City Contribution (Unequal Contribution Method) for Retirees ............................................... 6 b. Termination of Participation in the CalPERS PEMHCA program - Impact to Retirees .......... 6 c. Termination Clause ................................................................................................................. 6 4. Medical/Vision Cash-Out ............................................................................................................. 6 B. SECTION 125 EMPLOYEE PLAN ................................................................................ 7 C. LIFE INSURANCE ..................................................................................................... 7 D. CITY CONTRIBUTION TOWARDS LTD INSURANCE AND LTC PROGRAM ........................ 7 E. EMPLOYEE W ELFARE BENEFIT TRUST FUND ............................................................. 8 485 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 ii ARTICLE VI -- BEREAVEMENT LEAVE ........................................................................ 9 ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS ........................................... 9 A. TAKE HOME VEHICLE USE ....................................................................................... 9 B. BILINGUAL PAY ....................................................................................................... 9 C. UNIFORM ALLOWANCE ........................................................................................... 10 D. MEAL ALLOWANCE ................................................................................................ 10 1. Per Diem .................................................................................................................................... 11 2. Per Diem Schedule .................................................................................................................... 11 E. MILEAGE ALLOWANCE ........................................................................................... 11 F. ONE TIME PAYMENT FOR LAW ENFORCEMENT EQUIPMENT FG. EFFECTIVE DATE OF ADDITIONAL MANAGEMENT BENEFITS ....................................... 11 ARTICLE VIII -- CONTROLLED SUBSTANCE AND ALCOHOL TESTING ............ 1211 ARTICLE IX–LEAVE BENEFITS .................................................................................. 12 A. ANNIVERSARY DATE .............................................................................................. 12 B. GENERAL LEAVE ................................................................................................... 12 1. Accrual ...................................................................................................................................... 12 2. Eligibility and Approval............................................................................................................... 12 3. General Leave Pay at Termination ............................................................................................ 13 4. Conversion to Cash ................................................................................................................... 13 C. SICK LEAVE .......................................................................................................... 13 1. Accrual ....................................................................................................................................... 13 2. Credit ......................................................................................................................................... 13 3. Usage ........................................................................................................................................ 13 D. POLICE LIEUTENANT SICK LEAVE (PROBATIONARY PERIOD) .................................... 13 E. LEAVE BENEFIT ENTITLEMENTS .............................................................................. 13 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................................ 14 ARTICLE X SICK LEAVE PAY OUT ........................................................................... 14 ARTICLE XI -- HOLIDAYS ........................................................................................... 14 A. CITY PAID HOLIDAYS ............................................................................................. 14 B. HOLIDAY COMPENSATION ...................................................................................... 15 ARTICLE XII -- WORK SCHEDULE / EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ............................................................................. 16 A. WORK SCHEDULE ................................................................................................. 16 1. 4-10 Plan ................................................................................................................................... 16 486 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 iii 2. 7-11.5 Plan ................................................................................................................................ 16 a. Work Day .............................................................................................................................. 17 b. Work Period .......................................................................................................................... 17 B. DEDUCTIONS FROM PAY, EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE ..... 17 ARTICLE XIII -- SPECIAL PAY .................................................................................... 18 A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM ................................................. 18 B. EXECUTIVE DEVELOPMENT INCENTIVE PROGRAM .................................................... 18 C. LONGEVITY PAY ....................................................................................................... 18 D. ACTING ASSIGNMENT ............................................................................................... 18 ARTICLE XIV-- MANAGEMENT RIGHTS .................................................................... 19 ARTICLE XV-- MISCELLANEOUS PROVISIONS ....................................................... 19 A. RE-OPENER ......................................................................................................... 19 B. PERSONNEL RULE CHANGES ................................................................................. 19 1. Personnel Rule 5-21 Reemployment Lists ............................................................................ 20 C. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION (EERR) ........................................ 20 1. Amendments to the EERR ........................................................................................................ 20 a. Modification of Section 7 - Decertification and Modification ................................................. 20 D. WEAPONS VESTING............................................................................................... 21 E. ASSOCIATION BUSINESS ........................................................................................ 21 F. DEFERRED COMPENSATION/LEAVE CASH-OUT ........................................................ 21 G. COLLECTION OF PAYROLL OVER PAYMENTS............................................................ 22 H. DIRECT DEPOSIT ................................................................................................... 23 I. ADMINISTRATION APPEAL PROCEDURE ................................................................... 23 J. GRIEVANCE HEARING COST SHARING ..................................................................... 23 K. ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ................................................... 23 ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING ......................... 23 ARTICLE XVII -- CITY COUNCIL APPROVAL ............................................................ 24 LIST OF MOU EXHIBITS .............................................................................................. 25 487 POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 iv EXHIBIT A – SALARY SCHEDULE ............................................................................. 26 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ........................................................ 27 EXHIBIT C - ADMINISTRATIVE APPEAL PROCEDURE ............................................ 30 EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ......... 33 EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION AGREEEMENT ..................... 37 EXHIBIT F - HEALTH PREMIUMS AND CONTRIBUTIONS ....................................... 42 488 DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS the designated representative of the City of Huntington Beach and the Huntington Beach Police Management Association (PMA) have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; NOW THEREFORE, this Memorandum of Understanding (MOU) is made, to become effective April 1, 2016 through December 31, 2017 January 1, 2018 through June 30, 2020. ARTICLE I -- REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police Management Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of represented employees of the Huntington Beach Police Departmen t within the classification titles of Police Captain and Police Lieutenant as outlined in Exhibit A attached hereto and incorporated herein. ARTICLE II -- EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this MOU s hall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association. 489 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 2 ARTICLE III -- SALARY SCHEDULES A. Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU. 1. Wage Increases a. Effective the beginning of the pay period that includes January 1, 2017, unit members shall receive a three percent (3%) salary increase. ARTICLE IV – RETIREMENT A. Classic Safety Employee Retirement Benefits: 1. 3% @ Age 50 Plan - The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees defined as “classic members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574) - Members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 3. Pre-retirement Optional 2 Death Benefit (California Government Code Section 21548) – Safety Employees) 4. One-Year Final Compensation (California Government Code Section 20042) 5. Classic Safety CalPERS Member Contribution - b. Effective at the beginning of the pay period that includes January 1, 2017, a. aAll “classic members” shall pay to PERS as part of the required member retirement contribution, an additional two percent (2%) of pensionable compensation for a total of eleven percent (11%) of pensionable compensation. c.b. This provision shall not sunset at the expiration of this agreement. i. This cost-sharing provision is pursuant to Government Code Section 20516(f). d.c. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a 490 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 3 pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. B. Self-Funded Supplemental Retirement Benefit – In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement law, and the member is a unit employee who was hired prior to July 6, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, an d 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member’s death, the City’s obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. All unit employees hired after July 6, 1998 shall not be eligible for th is benefit). C. CalPERS “New Member” Retirement Benefits: For “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 as defined in California Government Code Section 7522.04(f). The PEPRA went into effect on January 1, 2013. The parties agree if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact., provided that no changes to this MOU can be implemented without the mutual agreement of both parties. D. “New Members” Safety Retirement Benefits 1. CalPERS “New Member” Safety Retirement Formula: 2.7% @ Age 57 Plan - The City shall provide the 2.7% @ Age 57 retirement formula set forth in California Government Code Section 7522.25(d) for all safety employees defined as “new members” per the Public Employees’ Pension Reform Act of 2013 (PEPRA) represented by the Association. 2. Effective October 1, 2013, sSworn employees covered by this agreement shall pay one half (50%) of the normal cost rate, as established by CalPERS, as required by California Government Code Section 7522.30(c). 3. 1959 Survivors’ Benefit Level IV (California Government Code Section 21574 ) – these members of the City’s safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 491 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 4 4. Pre-Retirement Optional Settlement 2 Death Benefit (California Government Code Section 21548) these members of the City’s safety retirement plan shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit. 5. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member, as required by California Government Code Section 7522.32(a). ARTICLE V -- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all employees and qualified dependents. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee’s date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by the CalPERS Public Employees’ Medical and Hospital Care Act (PEMHCA). All employee contributions shall be deducted on a pre-tax basis. 1. CalPERS PEMHCA The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree’s right to receive a City contribution, and the City’s obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub - section. b. Maximum Employer Contributions Towards Flex Benefits For the term of this Agreement, the City’s maximum monthly employer contributions for each employee’s medical and vision insurance premiums are set forth as follows: 492 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 5 i. Employee only (“EE”) – The cost of the premium up to a maximum of $699.00774.00 ii. Employee + one dependent (“EE” + 1) – The cost of the premium up to a maximum of $1,399.001,623.00 iii. Employee + two or more dependents (“EE” + 2) – The cost of the premium up to a maximum of $1,789.002,076.00 iv. The City shall also pay up to $23.50 per month for each employee for the VSP Vision Plan. The maximum City contribution shall be based on the em ployee’s enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub-section above. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Effective January 1, 201720, the City contribution in each category shall not increase. Any increase in premiums above the City’s April 2016 September 7, 2019 contribution cap will be the responsibility of the employee. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is two thousand dollars ($2,000). 1. Effective October 1, 2014, tThe maximum monthly City Contribution for dental insurance shall be as follows: 1) employee only (“EE”) - $57.86; 2) employee plus one dependent (“EE+1”) - $108.02 or 3) employee plus two or more dependents (“EE+2”) - $142.36. 2. Effective January 1, 2017, tThe City’s contribution to dental insurance shall not increase. Any increase in dental premiums above the City’s current contribution cap as listed herein,will be the responsibility of the employee. [Health Premiums and Contributions Tables in Exhibit F] 3. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City’s requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS 493 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 6 to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contribution method is 2004 at $1.00 per month. The City’s contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1 st by an amount equal to any required amounts to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA program – Impact to Retirees The City’s requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the Retiree Medical Subsidy program in place per Resolution No. 2000-116, Exhibit B, to the MOU shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. c. Termination Clause The City and Association may each request termination of the City’s contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer’s contribution, insurance premiums, or program changes to the CalPERS medical plan. The City and Association may elect to term inate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 4. Medical/Vision Cash-Out a. Employees covered by a medical program outside of a City-provided program (evidence of which must be supplied to the Human Resources 494 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 7 Department), may elect to discontinue City medical coverage and either direct the cash value of the City’s Contribution Cap for the lowest-cost employee only (“EE”) medical coverage as described in Article V.A.1.(b) be deposited into their Deferred Compensation account, or any other pre-tax program offered, or approved by the City, or the employee may elect to receive this amount as a cash medical-opt out benefit. b. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. C. Life Insurance The City will provide fifty thousand dollars ($50,000) term life insurance and fifty thousand dollars ($50,000) accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. An additional ten thousand dollars ($10,000) of life insurance may be purchased, at the employee’s cost, with evidence of insurability. D. City Contribution Towards Long-Term Disability (LTD) Insurance and Long-Term Care (LTC) Program The City authorizes the Association to enroll in the Long-Term Disability (LTD) Insurance Program and the Long-Term Care (LTC) Program provided to the Huntington Beach Police Officers’ Association (HBPOA). 1. The City shall pay the HBPOA on the Associatio n’s behalf the cost of LTD premiums not to exceed thirty-eight dollars ($38.00) per month per covered members of the PMA. 2. The City shall pay the HBPOA on the Association’s behalf the cost of LTC premiums not to exceed twenty-five dollars ($25.00) per month per covered members of the PMA. 3. The City and the Association agree that the City shall no longer provide LTD insurance coverage to Association members. Employee coverage under the City’s sponsored program was terminated July 31, 2006. 4. The City and the Association agree that HBPOA contracts with an authorized LTD and LTC provider and that the City is not responsible for paying the cost of premiums and any expenses incurred for administering both programs. 495 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 8 5. The City and the Association agree that the PMA coverage for LTD insurance and LTC is authorized under the same existing conditions under which the HBPOA is authorized by the City to provide such coverage to its members. The City and the Association agree that in the event the HBPOA does not meet its obligation and reporting requirements to the City for PMA members, the City’s contribution amounts of thirty-eight dollars ($38.00) and/or twenty-five dollars ($25.00) may cease without retroactive payments. 6. The Association agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, penalties, interest, taxes, or liability of any kind whatsoever, which may result from the HBPOA sponsored and administered LTD insurance and LTC programs. E. Employee Welfare Benefit Trust Fund The City authorizes the HBPMA to participate in an employee welfare medical benefit trust fund program, called that PORAC Retiree Medical Trust, providing the following conditions are adhered to: 1. The City and HBPMA agree that the City shall not provide any contribution to the program. 2. Effective 5/31/08, the City shall withhold $100.00 monthly for each represented employee. Thereafter, said withholding shall be in an amount as designated by the HBPMA. Deductions shall be taken on the first two checks of each month. 3. HBPMA shall pay all associated expenses incurre d for participation in the program. 4. Upon request, the HBPMA shall provide documentation to the City as follows: a. A copy of the in-force employee medical welfare benefit trust fund program; b. A statement certifying that funds collected are for employee welfare medical benefits for HBPMA represented employees only; c. A copy of the current program document as well as any changes of amendments, or written confirmation that there have been no changes as employee medical welfare benefit trust fund program provider; d. Verification of the funds submitted to the PORAC Retiree Medical Trust by the HBPMA, and 496 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 9 e. A statement certifying that the submitted funds are only being utilized to provide employee welfare medical benefit trust funds for participating members including members of the HBPMA. 5. City shall submit the withheld funds to the PORAC Retiree Medical Trust bi-weekly. 6. All Federal and State laws regarding employee medical welfare benefit trust funds coverage shall be followed. 7. HBPMA agrees that it will indemnify and hold harmless the City as well as all direct or indirect successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys, representatives, and each of them, past and present, from and against any claims, lawsuits, p enalties, interest, taxes, or liability of any kind whatsoever, which may result from the qualified employee welfare benefit trust fund program. ARTICLE VI -- BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three (3) working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. ARTICLE VII -- ADDITIONAL MANAGEMENT BENEFITS A. Take Home Vehicle Use 1. Employees must reside within thirty-five (35) miles of the City limits in order to be assigned a take home City vehicle. An employee assigned an unmarked vehicle is required to be able to report directly to work or any emergen cy situation, at any time, at the direction of the Chief of Police or his delegate. Use of an unmarked vehicle for more than minimal personal use is not authorized. B. Bilingual Pay Qualified employees who meet the criteria shall receive five percent (5%) of their base monthly rate of pay for bilingual skills paid on a bi -weekly basis. Human Resources will have written and oral tests designed and administered to test for qualifications. The qualifications will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action. 497 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 10 1. The languages included will be Spanish, Vietnamese and American Sign Language. Additional languages may be approved at the discretion of the Chief of Police. 2. Authorization of qualified employees for bilingual compensation will be based on the following: a. A need for the employee to use the language in the City to support the implementation of police operations. b. At the discretion of the Chief of Police, the number of employees qualified in each category may be limited based on department needs. 3. Successful completion of tests authorized by the Chief of Police will be required to qualify for bilingual pay for any of the languages. Retesting may be done on an annual basis. C. Uniform Allowance 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees. The uniform allowance is one thousand two hundred and seventy -five dollars ($1,275) per year for all employees and shall be paid in December on a separate payroll check. Employees hired after January 1st shall have their uniform allowance pro -rated for each month in which they were on active duty for at least one full shift. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty. The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police. 2. The City shall report to the CalPERS the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). a. Employees subject to PEPRA will have uniform allowance paid and will be subject to Government Code Section 7522.34(C)7 related to the treatment thereof regarding pensionable compensation. D. Meal Allowance 1. Per Diem 498 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 11 Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor and on work assignments, or attending meetings or training in excess of a twenty- five (25) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule The General Services Administration (GSA) establishes per diem rates. Employees may be reimbursed for meals in amounts that do not exceed the breakdown per meal as established at www.gsa.gov/mie. E. Mileage Allowance The City shall reimburse employees for the use of personal automobiles at the existing IRS reimbursable rate. F. One Time Payment for Law Enforcement Equipment Effective the beginning of the pay period following final City Council approval of the 1/1/18 – 6/30/20 MOU, all employees in the bargaining unit on that date will receive a one-time lump sum payment of one thousand two hundred dollars ($1,200.00) which is to reimburse employees for the previous and future purchases of law enforcement related equipment. This payment will only be made to employees in the bargaining unit at the beginning of the pay period following City Council final approval of this MOU. The employees in the unit acknowledge that the reimbursement will be used solely for out of pocket costs they have and will incur for equipment related to their job. The parties agree and acknowledge that since this one time lump sum payment is specifically being made for the reimbursement of out of pocket costs of work related equipment, it is not special compensation (as defined under Title 2 Section 571 for classic member employees) and therefore will not be reported to CalPERS as compensation earnable. This payment will be made one-time and the City is not obligated to make it again unless the parties affirmatively agree to such a payment in the future. 499 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 12 A.G. Effective Date of Additional Management Benefits All additional management benefits shall be effective the first full pay period following certification and verification as approved by the Chief of Police or designee. It is agreed that any PERSable benefits shall be reported to CalPERS; however, the treatment of any special pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS determination shall prevail. ARTICLE VIII – CONTROLLED SUBSTANCE AND ALCOHOL TESTING The City maintains the right to conduct a controlled substance and alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. ARTICLE IX– LEAVE BENEFITS A. Anniversary Date For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. B. General Leave 1. Accrual Effective December 23, 2000, employees ceased to accrue Sick Leave and Vacation Leave, and the Long-Term Disability insurance waiting period was reduced from sixty (60) to thirty (30) days. Instead, employees began accruing General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Vacation time accrued through December 23, 2000 was added to the employee’s General Leave account effective December 24, 2000. General Leave shall be accrued as follows: Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 2. Eligibility and Approval General Leave accrued time is - computed from the hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six 500 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 13 hundred and forty (640) hours. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. General Leave must be pre-approved except for illness, injury or family sickness, which may require a physician’s statement for approval. General Leave accumulated in excess of the six hundred and forty (640) hour cap shall be paid in cash at the base monthly rate of pay on the first pay day following such accumulation. 3. General Leave Pay at Termination An employee shall be paid for unused General Leave upon termination of employment at which time such terminating employee shall receive compensation at his/her current base monthly rate of pay for all unused, earned leave to which he/she is entitled up to and including the eff ective date of his/her termination. 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (120) hours of pay per calendar year for accrued General Leave in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. An employee, who has submitted an irrevocable notice of intent to retire, may, at least one (1) pay period prior to separation, but no greater than three (3) pay periods prior to separation, elect to take a one time op tion of up to three hundred and twenty (320) hours of pay for accrued General Leave in lieu of time off prior to the established date of retirement. C. Sick Leave 1. Accrual No employee shall accrue Sick Leave after December 22, 2000. 2. Credit Employees hired prior to December 23, 2000 shall be credited with their Sick Leave accrued as of December 22, 2000. 3. Usage Employees may use accrued Sick Leave for the same purposes for which it was used prior to December 23, 2000. D. Police Lieutenant Sick Leave (Probationary Period) Effective from the date of appointment to the rank of Police Lieutenant until the last day of the pay period in which the employee completes a one (1) calendar year probationary period, the employee shall be eligible to receive a maximum of si xty (60) calendar days paid sick leave per incident or illness. This leave does not accrue or accumulate beyond the one (1) year period. This probationary period 501 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 14 Sick Leave may not be cashed out or used after completion of the one (1) year probationary period. E. Leave Benefit Entitlements The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Exempt Compensatory Time for serious and non -serious family or personal health issues. F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this MOU. ARTICLE X -- SICK LEAVE PAY OUT A. Employees covered by this Agreement and on the payroll on November 20, 1978 shall be entitled to the following Sick Leave cash out plan: At termination, employees shall be compensated at their then current base monthly rate of pay for fifty percent (50%) of unused Sick Leave, up to a maximum of seven hundred twenty (720) hours of unused, accumulated Sick Leave . B. Employees hired after November 20, 1978 shall be entitled to the following Sick Leave cash out plan: Upon termination, all employees shall be paid at their then current base monthly rate of pay, for twenty-five percent (25%) of unused, earned Sick Leave to four hundred eighty hours (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours. C. No employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. ARTICLE XI -- HOLIDAYS A. City Paid Holidays 502 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 15 The City shall provide the following paid holidays in a calendar year: 1. New Year's Day (January 1) 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. B. Holiday Compensation Compensation for holidays shall be provided as follows (see examples): 1. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. 2. If the holiday designated above falls on an employee's regularly scheduled workday, the employee will receive the day off and receive pay for their regularly scheduled workday. Example: Work Work Work Holiday = Work 30 hours & compensated for 40 10 10 10 10 3. If the holiday designated above falls on an employee's regularly scheduled day off, the employee will be compensated with eight (8) hours of Exempt 503 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 16 Compensatory Time or the employee may elect to receive eight (8) hours of pay. Example: Work Work Work Work Holiday = Work 40 hours & compensated for 48 10 10 10 10 8 4. Employees who are required to work on a actual holiday desi gnated above shall be compensated at the rate of one and one -half (1 ½) hours for each hour worked in the form of pay or Exempt Compensatory Time in addition to B2 or B3 above. Example if Holiday falls on scheduled day off: Work Work Work Work Work the Holiday = Work 40 hours & compensated for 63 10 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) Example if Holiday falls on scheduled workday: Work Work Work Work the Holiday = Work 40 hours & compensated for 53 10 10 10 10 @ 1.5 = 15 hrs + 8 (Holiday) C. All holiday pay shall be reported as Shift Differential Pay when required in accordance with CALPERS law. Holiday Shift Differential Pay is available to all members of the HBPMA that are required to work a recognized holiday. 1. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential. ARTICLE XII – WORK SCHEDULE/ EXEMPT COMPENSATORY TIME AND EXECUTIVE LEAVE A. Work Schedule 1. 4-10 Plan 504 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 17 Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be included during the ten (10) hour shift, with three (3) consecutive days off. 2. 7-11.5 Plan The “7-11.5” work schedule will be implemented for designated employees of the Patrol Bureau only and shall consist of a fourteen (14) day workweek. a. Workday A workday for employees assigned to the 7-11.5 work schedule will consist of eleven (11) hours and twenty-five (25) minutes of work, meal times to be included in the shift. b. Work Period For those employees working eleven (11) hours and twenty-five (25) minutes a day, the “work period” will consist of two (2) consecutive weeks with three (3) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in one (1) week and four (4) consecutive shifts of eleven (11) hours and twenty-five (25) minutes in the second week. The total hours of these two (2) consecutive weeks shall be considered equaling eighty (80) hours. The two (2) week cycle then repeats itself. B. Deductions from Pay, Exempt Compensatory Time and Executive Leave Employees are considered ‘exempt’ as defined by the Fair Labor Standards Act (FLSA) as such, deductions from pay may be limited in certain circumstances. However, deductions from pay may be provided in 29.C.F.R. 541.602(b) including unpaid disciplinary suspensions of one or more full days i mposed in good faith for violating workplace conduct rules. Such suspension shall be made pursuant to written policy applicable to all employees. An employee is eligible for Exempt Compensatory Time as follows: 1. When such employees are required to fill a full, or partial work shift that is not part of the employee's regular work schedule. Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of one and one -half (1 ½) hours for each hour worked in the form of pay or Exempt Compensatory Time (i.e. non FLSA Exempt Compensatory Time). Such time shall not accrue in excess of one hundred sixty (160) hours. C. Executive Leave Employees will be entitled to seventy (70) hours of Executive Leave per calendar year effective the beginning of the pay period following City Council approval of this MOU. Unused Executive Leave shall not carry over to the next calendar year. 505 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 18 ARTICLE XIII -- SPECIAL PAY A. Professional Achievement Reward Program Employees that have completed the California Peace Officers’ Standards and Training (POST) Supervisory Leadership Institute shall receive eighty dollars ($80.00) per month. B. Executive Development Incentive Program In lieu of pay for completing the POST Supervisory Leadership Institute, an employee who completes either the FBI National Academy or the POST Command College shall receive five percent (5%) of their base monthly rate of pay paid on a bi-weekly basis. In the event that one or both of the executive development programs becomes unavailable to the Association, or new program(s) becomes available, the City and the Association agree the Chief of Police will substitute/add an appropriate program(s). The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. C. Longevity Pay 1. Members of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Department immediately preceding the appointment to a PMA position and with 10+ years of sworn law enforcement experience, but fewer than 20 years of sworn law enforcement experience shall receive a total of five percent (5%) longevity pay. 2. Members of this unit with a minimum of 3 years tenure as a sworn employee with the Huntington Beach Police Department immediately preceding the appointment to a PMA position and with 20+ years of sworn law enforcement experience shall receive a total of elevent percent (11%) longevity pay. ii. There shall be no pyramiding of this special pay. Unit members may only receive one (1) longevity pay under this provision, either five percent (5%) or eleven percent (11%), but not both. 3. Only sworn law enforcement experience as defined by California Penal Code Sections 830.1 and 830.2 or the out-of-state equivalent as determined by the Chief of Police shall be included as qualified sworn law enforcement experience in the calculation of longevity. 506 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 19 4. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay. D. Acting Assignment 1. When a member of this unit in the classification of Lieutenant is assigned by the Chief of Police to work as Captain for a continuous period of twenty eight (28) or more calendar days, he/she shall be compensated “acting” pay in the amount of 10% for all time worked in the acting assignment. The additional acting pay shall become effective upon the determination by the Police Chief. 2. When a member of this unit in the classification of Captain is assigned by the Chief of Police or the City Manager to work as the ac ting or interim Chief of Police for a continuous period of twenty eight (28) or more calendar days, he/she shall be compensated “acting” pay in the amount of 10% for all time worked in the acting assignment. The additional acting pay shall become effective upon the determination by the Police Chief or City Manager. 3. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR 571 (a) 3 Temporary Upgrade Pay. The treatment of any special pay under this provision as “pensionable compensation” shall be subject to CalPERS regulations. Where there is any conflict between the City’s treatment of any special pay and CalPERS, CalPERS determination shall prevail. ARTICLE XIV-- MANAGEMENT RIGHTS The City and the Chief of Police retain all rights, powers and authority to manage and direct the performance of police services and the workforce, except as modified by the Memorandum of Understanding. Nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the City or the Chief of Police the right to make unilateral changes in wages, hours and terms and conditions of employment. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of police services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employ ee performance standards, reasonable work and safety rules and regulations. ARTICLE XV– MISCELLANEOUS PROVISIONS 507 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 20 A. Re-Opener If there is any change to the benefits provided to HBPOA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. B. Personnel Rule Changes All MOU provisions that supersede the City’s Personnel Rules shall automatically be incorporated into the City’s Personnel Rules as applicable. A ll City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City’s Personnel Rules, the Personnel Rules as modified will apply to Association members. 1. Personnel Rule 5-21. Reemployment Lists a) Personnel Rule 5-21 shall be modified during the term of this contract extension to provide that in the event any employee represented by HBPMA is demoted in lieu of layoff, that individual shall be placed at the top of a re- employement list for the classification from which the individual was demoted and shall be given the first opportunity to fill any vacancy in that classification irrespective of how much time transpires between the demotion and the existence of the vacancy. C. Employer-Employee Relations Resolution (EERR) 1. The following amendments to the EERR shall apply: a. Modification of Section 7 – Decertification and Modification i. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his/her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. ii. The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 33 35) upon the City’s having completed its obligation to meet and confer on this issue with all other bargaining units. 508 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 21 iii. 7-3 Human Resources Director’s Motion of Unit Modification – The Human Resources Director may propose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure: iv. The Human Resources Director shall give written notice of the proposed Unit Modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Director’s rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the Unit Modification which may have been received by the City o r from affected employees and/or sent by the City to affected employees; v. Following receipt of the Human Resources Director’s Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive inpu t from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; vi. The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a- granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; vii. Any party who chooses to appeal the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2. During the term of this MOU, the City and the Association agree to update the Employer-Employee Relations Resolution to reflect current State law. D. Weapons Vesting Employees assigned a weapon shall be vested with ten percent (10%) ownership per year so that ten (10) years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. 509 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 22 E. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members in their employment relations. F. Deferred Compensation/Leave Cash-Out In accordance with IRS regulations, the value of any unused earned leave benefits (sick, vacation, general leave) shall be transferred to deferred compensation or a qualified medical retirement trust program in connection with separation from employment, but only during the time that the employee is actively employed with the City. Any transfer to the qualified medical retirement trust program shall be on a pre-tax basis. The employee must request the transfer no later than the pay period prior to the employee’s last day of employment. Any unused earned leave benefits remaining upon separation will be transferred to the qualified medical retirement trust program on a pre-tax basis. 1. Effective the beginning of the pay period following City Council approval of this agreement, each member of this bargaining unit shall receive a one -time deposit to the member’s Deferred Compensation account in the amount of $3,500.00 per member. i. This shall be a one-time only deposit. All appropriate Federal and State legal mandates regarding the tax-treatment of this one-time deposit shall apply. ii. This provision shall sunset at the expiration of this agreement . G. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such ov er payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect 510 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 23 compensation over payments caused by or the result of misinterpretation of a pay provision by non-authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. H. Direct Deposit All employees are required to utilize direct deposit of payroll checks. I. Administrative Appeal Procedure In compliance with Government Code 3304(b), the Administrative Appeal Procedure for all Public Safety Officers is referenced in Exhibit C of this MOU. J. Grievance Hearing Cost Sharing Grievance hearing costs shall be paid equally by the City and the Association. The parties agree that under no circumstances shall the grieva nt(s) be required to pay any part of the grievance hearing costs. K. Alternative Dispute Resolution Agreement The ADR agreement between the City and PMA as executed on March 7, 2013 is herein referenced as Exhibit E. ARTICLE XVI -- TERM OF MEMORANDUM OF UNDERSTANDING (MOU) This MOU shall be in effect for a term commencing on April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020. Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees shall take effect during the term of this Agreement unless agreed upon by the City and the Association. It is understood that the parties may agree to meet and confer regarding non -monetary matters such as Personnel Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this Agreement. This MOU constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and conditions of employment of employees covered hereunder for the term hereof. 511 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 24 ARTICLE XVI -- CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or affect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 20169 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION By: By: Fred A. WilsonDavid Kiff Interim City Manager Dave BunettaDavid Dereszynski PMA Negotiations TeamPresident By: By: Ken DomerTravis Hopkins Acting Assistant City Manager John DomingoBo Svendsbo PMA Negotiations TeamVice President By: By: Michele Warren Director of Human Resources Mitch O’BrienOscar Garcia PMA Negotiations Team By: APPROVED AS TO FORM: By: Michael E. Gates City Attorney 512 POLICE MANAGEMENT ASSOCIATION DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 25 LIST OF EXHIBITS EXHIBIT A SALARY SCHEDULE EXHIBIT B SERVICE CREDIT SUBSIDY PLAN EXHIBIT C ADMINISTRATIVE APPEAL PROCEDURE EXHIBIT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM EXHIBIT E ALTERNATIVE DISPUTE RESOLUTION AGREEMENT EXHIBIT F HEALTH PREMIUMS AND CONTRIBUTIONS 513 POLICE MANAGEMENT ASSOCIATION EXHIBIT A – SALARY SCHEDULE DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 26 3.0% Effective the Beginning of the Payroll Period Including January 1, 2017 Job No Job Description Pay Grade A B C D E 0234 Police Lieutenant PMA234 63.20 66.68 70.35 74.22 78.30 0233 Police Captain PMA233 71.60 75.54 79.69 84.08 88.71 514 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 27 An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement Sys tem (CalPERS). The City’s obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City’s Personnel Rules. To receive the Service Credit Subsidy, retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 515 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 28 5. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed the dollar amount, which is equal to the qualified medic al expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service, shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Years of Service Service Credit Subsidy 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IV.A.4.a. provides an example of expected reductions per retiree per month. 516 POLICE MANAGEMENT ASSOCIATION EXHIBIT B – SERVICE CREDIT SUBSIDY PLAN DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 29 8. Medicare: a. All persons are eligible for Medicare coverage at age sixty-five (65). Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age sixty-five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. 9. Cancellation: a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty- five (65). ii. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application,” whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. 517 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 30 1. Authority a. Personnel Rule 20 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 20 applies to all permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all “Public Safety Officers” (as defined at Government Code § 3301) for the following “punitive actions:” (i) official reprimands; (ii) pu nitive transfers that do not involve a loss of pay, and (iii) non -punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an “Action.” Case law allows such an appeal procedure to be more limited than afforded under Rule 20. c. This administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from Public Safety Officers. This administrative appeal procedure only applies to an “Action” as defined above in “b.” It does not apply to a non-punitive transfer imposed on a Public Safety Officer that does not result in a loss of pay. (Government Code §3304(b). 2. Administrative Arbitration Panel a. Appeals will be heard by a neutral fact finding group of three (3) City employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one (1) employee selected by the Association one (1) employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two (2) Panel members. If no agreement can be reached, the “strike-out” process will be used to select the third Panel member, with the Association and the Chief each submitting four (4) names for consideration. A coin toss will determine the party striking first with the Association reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the Association and the panel member selected by the Chief of Police and the Association shall each select one (1) alternate to the Panel to serve in place of a Panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one (1) year. e. If the Panel member selected to serve on an Administrative Arbitration Panel has direct involvement in the punitive action or is a party to the issue, he/she will be replaced by the alternate. 3. Appeal Notice 518 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 31 a. An appealing Officer has five (5) calendar days from date of receipt of an “Action” to file a written appeal with the Chief of Police; otherwise, the “Action” shall stand as issued with no further rights to appeal. b. If an Officer chooses not to appeal an “Action, ” they may submit a written rebuttal within thirty (30) days from date of receiving the “Action.” The written rebuttal will be filed with the “Action” in the Officer’s official personnel file. 4. Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty (30) days of receiving notice from the Chief of Police. 5. Hearing Procedure a. All hearings shall be closed to the public unless the disciplined Officer requests a public hearing. b. All hearings shall be tape-recorded and may be transcribed. c. The Administrative Arbitration Panel shall hear testimony from the appealing Officer and the Department (specifically, the Officer who investigated the conduct that led to the Written Reprimand). Testimony shall not exceed one (1) hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing Officer wishes to submit a written argument in lieu of oral testimony, the Officer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500) words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3) days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross -examination or representation by third parties, including attorneys, at the hearing. f. In all “Actions” involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that just cause exists for imposing discipline. In all non-punitive “Actions” (e.g., a non-punitive transfer that results in a loss of pay), the burden of proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6. Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. 519 POLICE MANAGEMENT ASSOCIATION EXHIBIT C –ADMINISTRATIVE APPEAL PROCEDURE DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 32 b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing Officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the Association and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following:  Sustained (“Action” stands)  Not Sustained (“Action” does not stand) f. In the event an Officer’s “Action” is Sustained, the Officer may, within five (5) calendar days from the date of the Administrative Arbitration Panel’s decision, file a written rebuttal. The written rebuttal will be filed with the “Action” in the employee’s official personnel file, along with the tape recording of the hearing. 520 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 33 Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or becau se the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation , or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who:  Accrues Vacation or General Leave;  Is not receiving disability benefits or Workers' Compensation payments; and  Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on t he hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient’s hourly wage. An employee needing leave will complete a Leave Request Form and submit it to the Department Director for approval. The Department Director will forward the 521 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 34 form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Department on questions regarding staff participation in this program. 522 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 35 Please return this form to the Human Resources Office for processing. Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT:  A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and  I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature of Support: Date: Human Resources DepartmentUse Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: 523 POLICE MANAGEMENT ASSOCIATION EXHIBIT D - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 36 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: Vacation Compensatory Time General Leave Number of Hours I wish to Donate: Hours of Vacation Hours of Exempt Compensatory Time Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 524 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 37 LABOR MANAGEMENT WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE POLICE MANAGEMENT ASSOCIATION This Labor Management Alternate Dispute Resolution Agreement (“Agreement”) entered into by and between the City of Huntington Beach (“City”) and the Police Management Association (“PMA”) is created pursuant to California Labor Code Section 3201.7(a)(3)(c). Nothing in this Agreement diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, or medical treatment fully paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in this Agreement denies to any employee the right to representation by counsel at all st ages during the alternative dispute resolution process. Article I. Purpose The purposes of this Agreement are: 1. To provide active employees claiming compensable injuries under Division 4 of the California Labor Code (“Workers’ Compensation Law”) with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of this Agreement to facilitate their prompt return to work at either full duties or a transitional duty assignment; 2. To provide retirees claiming a presumptive injury as defined by California Labor Code (hereinafter “Labor Code”) section 3212 et seq. with an expedited procedure to resolve medical disputes in accordance with Article IV, Section D of the Agreement; 3. To reduce the number and severity of disputes between the City and covered employees, when those disputes relate to workers’ compensation; and 4. To provide workers’ compensation coverage in a way that improves labor management relations, improves organizational effectiveness, and reduces costs to the City. These purposes will be achieved by utilizing an exclusive list of medical providers to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7©. Now, therefore, in consideration of the mutual terms, covenants and conditions herein, the parties agree as follows: Article II. Term of Agreement 525 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 38 The City and PMA enter into this Agreement with the understanding that the law authorizing this Agreement is new, untested and evolving. The parties further understand that this Agreement governs a pilot program and that it will become effective after it is executed by the parties, submitted to the Administrative Director of the State of California, Department of Industrial Relations, Division of Workers’ Compensation in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Administrative Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall be in effect for eighteen (18) months from the date of the implementation of the program. Thereafter, it shall be reviewed and, if found to be effective will continue and remain in force from year to year unless terminated by either party. Any claim arising from an industrial injury sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. Any medical issue resolved under this Agreement shall be final and binding. The parties reserve the right to terminate this Agreement at any time for good cause, by mutual agreement or by act of the legislature. The terminating party must give thirty (30) days written notice to the other party. The parties agree to meet and confer in good faith to try and resolve the issues underlying the termination during the thirty day period prior to the termination of the Agreement. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the California law to the same extent as they were prior to the implementation of this Agreement, except as otherwise specified herein. Article III. Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claims by 1) active employees; 2) retirees who claim a presumptive injury as defined by California Labor Code Section 3212 et seq.; and 3) active employees who file a claim and subsequently retire before the claim is resolved. Retirees who filed claims while they were active employees are covered under this Agreement only for the purposes of petitions to reopen a pre-existing claim unless covered under A(2). This Agreement does not apply to any other retired employees. This Agreement does not cover post-retirement amendments to active claims. B. Employees who are covered under this Agreement remain covered during the entire period of active employment. C. Injuries occurring and claims filed after terminatio n of this Agreement are not covered by this Agreement. D. This Agreement is restricted to establishing an exclusive list of medical providers to be used for medical dispute resolution for the above -covered employees in accordance with California Labor Code Section 3201.7(c). Article IV. Medical Provider 526 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 39 A. This Agreement does not constitute a Medical Provider Network (“MPN”). Physicians who act as a covered employee’s independent medical examiner (“IME”) under this Agreement shall not act as the same employe e’s treating physician even if the physician has been pre-designated as the employee’s treating physician, unless otherwise mutually agreed by the parties. Pre-designation of a physician must comply with the requirements set forth in Labor Code section 4600(d)(1). B. All employees with a disputed medical issue as described below in Section D must be evaluated by an approved physician from the exclusive list of approved medical providers. Said physician will serve as an IME. If the IME needs the opinion of a different specialist, the IME shall refer the employee to a physician of the IME’s choice even if that doctor is not on the approved list. The exclusive list of approved medical providers will be established when the Agreement has been approved by all parties. C. The exclusive lists of approved medical providers shall include the specialties as agreed upon by the parties. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including but not limited to determination of causation, the nature and extent of an injury, the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work, including transitional duty, future medical care, and resolution of all disputes arising from utilization review, including need for spinal surgery pursuant to Labor Code section 4062(b). The parties will use the originally chosen IME for all subsequent disputes under this Agreement. In the event that said IME is no longer available, then the parties shall utilize the next specialist on the list pursuant to Article IV G d (below). The IME process will begin when either party gives the other written notice of an objection. Objections from the City will be sent to the employee with a copy to the employee’s legal representative if represented and a copy to PMA. Objections from the employee or employee’s legal representative will be sent to the employee’s assigned Claims Examiner with a copy to the Claims Manager. Objections will be sent within thirty days of receipt of a medical report or a utilization review decision. A letter delaying decision of the claim automatically creates a dispute. A subsequent acceptance of the claim and/or resolution of the dispute issue eliminates the need for completion of the dispute resolution process set forth in this Agreement. E. The exclusive list of approved medical providers shall serve as the exclusive source of medical-legal evaluations as well as all other disputed medical issues arising from a claimed injury. F. The parties hereby agree that from time to time the exclusive list of approved medical providers may be amended. For either party to add an IME to the exclusive 527 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 40 list of medical providers, the party must provide notice, in writing, to the other party of its intent to add a physician to the list. Absent a written objection to the other party within thirty (30) calendar days of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not b e added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. G. Appointments a. The Claims section of the Workers’ Compensation Division shall make appointment(s) with the IME within ten days of the date of the objection and/or notification of delay for employees covered under this Agreement. b. The employee shall be responsible for providing the Claims staff with his/her work schedule prior to an appointment being made so that appointments can be made during an employee’s nonworking hours or the first or last hour of his/her workday. The amount of time allotted for hours spent at a physician’s appointment during working hours will be subject to verification and will be allowed accordingly. c. Mileage reimbursement to covered employees shall be consistent with City policy and in accordance with Labor Code Section 4600 (e)(2) unless transportation is provided by the City. d. For purposes of appointments, the Claims staff will select the IME’s by starting with the first name from the exclusive list of approved medical providers within the pertinent specialty, and continuing down the list, in order, until the list is exhausted, at which time the Claims staff will resume using the first name on the list. e. The City is not liable for the cost of any medical examination used to resolve the parties’ disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations cannot be obtained outside of this Agreement for disputes covered by this Agreement. f. Both parties shall be bound by the opinions and recommendation of the IME selected in accordance with the terms of this Agreement. Article V. Discovery A. Employees covered by this Agreement shall provide the Claims staff with fully executed medical, employment and financial releases and any other documents reasonably necessary for the City to resolve the employee’s claim, when requested. 528 POLICE MANAGEMENT ASSOCIATION EXHIBIT E – ALTERNATIVE DISPUTE RESOLUTION AGREEMENT DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 41 B. The parties agree they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the PMA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party’s request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney’s fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney’s fees for doctor’s depositions. Article VI. General Provisions A. The Agreement constitutes the entire understanding of the parties and supersedes all other Agreements, oral or written, with respect to the subject matter in this Agreement. B. This Agreement shall be governed and construed pursuant to the laws of the State of California. C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing, signed by the parties which expressly refers to this Agreement. D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. E. Notice required under this Agreement shall be provided to the parties as follows: F. In the event that there is any legal proceeding between the parties to enforce or interpret this Agreement or to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees. 529 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 42 City of Huntington Beach 2016 Health Premiums and Contributions Effective 1/1/2016 PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 634.75 634.00 0.75 0.35 Two-Party 1,269.50 1,186.00 83.50 38.54 Family 1,650.35 1,507.00 143.35 66.16 PERS Anthem HMO Traditional Single 710.79 634.00 76.79 35.44 Two-Party 1,421.58 1,186.00 235.58 108.73 Family 1,848.05 1,507.00 341.05 157.41 PERS Blue Shield Access+ Single 654.87 634.00 20.87 9.63 Two-Party 1,309.74 1,186.00 123.74 57.11 Family 1,702.66 1,507.00 195.66 90.30 PERS Blue Shield NetValue Single 666.35 634.00 32.35 14.93 Two-Party 1,332.70 1,186.00 146.70 67.71 Family 1,732.51 1,507.00 225.51 104.08 PERS Health Net Salud y Mas Single 535.98 535.98 0.00 0.00 Two-Party 1,071.96 1,071.96 0.00 0.00 Family 1,393.55 1,393.55 0.00 0.00 PERS Health Net SmartCare Single 596.98 596.98 0.00 0.00 Two-Party 1,193.96 1,186.00 7.96 3.67 Family 1,552.15 1,507.00 45.15 20.84 PERS Kaiser Single 605.05 605.05 0.00 0.00 Two-Party 1,210.10 1,186.00 24.10 11.12 Family 1,573.13 1,507.00 66.13 30.52 PERS UnitedHealthcare Single 493.99 493.99 0.00 0.00 Two-Party 987.98 987.98 0.00 0.00 Family 1,284.37 1,284.37 0.00 0.00 PERS Choice Single 683.71 634.00 49.71 22.94 Two-Party 1,367.42 1,186.00 181.42 83.73 Family 1,777.65 1,507.00 270.65 124.92 PERS Select Single 625.20 625.20 0.00 0.00 Two-Party 1,250.40 1,186.00 64.40 29.72 Family 1,625.52 1,507.00 118.52 54.70 PERS Care Single 761.50 634.00 127.50 58.85 Two-Party 1,523.00 1,186.00 337.00 155.54 Family 1,979.90 1,507.00 472.90 218.26 530 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 43 Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PORAC Single 699.00 634.00 65.00 30.00 Two-Party 1,399.00 1,186.00 213.00 98.31 Family 1,789.00 1,507.00 282.00 130.15 Delta Dental PPO Single 58.10 58.00 0.10 0.05 Two-Party 108.60 108.40 0.20 0.09 Family 143.20 142.90 0.30 0.14 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 VSP Vision Single 25.12 23.50 1.62 0.75 Two-Party 25.12 23.50 1.62 0.75 Family 25.12 23.50 1.62 0.75 Medical Opt Out Benefit: $634.00 per month ($292.62 bi-weekly) CalPERS PEMHCA 2016 employer contribution: $125.00 per month ($57.69 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare City of Huntington Beach 2016 Health Premiums and Contributions Effective 1/1/2016 PMA (Employees who enrolled in Medical but opt out Vision) Plan Tier Monthly Premium Employer Monthly Contrib Employee Monthly Contrib Employee Bi-Weekly Contrib PERS Anthem HMO Select Single 634.75 634.75 0.00 0.00 Two-Party 1,269.50 1,209.50 60.00 27.69 Family 1,650.35 1,530.50 119.85 55.32 PERS Anthem HMO Traditional Single 710.79 657.50 53.29 24.60 Two-Party 1,421.58 1,209.50 212.08 97.88 Family 1,848.05 1,530.50 317.55 146.56 PERS Blue Shield Access+ Single 654.87 654.87 0.00 0.00 Two-Party 1,309.74 1,209.50 100.24 46.26 Family 1,702.66 1,530.50 172.16 79.46 531 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 44 Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Blue Shield NetValue Single 666.35 657.50 8.85 4.08 Two-Party 1,332.70 1,209.50 123.20 56.86 Family 1,732.51 1,530.50 202.01 93.24 PERS Health Net Salud y Mas Single 535.98 535.98 0.00 0.00 Two-Party 1,071.96 1,071.96 0.00 0.00 Family 1,393.55 1,393.55 0.00 0.00 PERS Health Net SmartCare Single 596.98 596.98 0.00 0.00 Two-Party 1,193.96 1,193.96 0.00 0.00 Family 1,552.15 1,530.50 21.65 9.99 PERS Kaiser Single 605.05 605.05 0.00 0.00 Two-Party 1,210.10 1,209.50 0.60 0.28 Family 1,573.13 1,530.50 42.63 19.68 PERS UnitedHealthcare Single 493.99 493.99 0.00 0.00 Two-Party 987.98 987.98 0.00 0.00 Family 1,284.37 1,284.37 0.00 0.00 PERS Choice Single 683.71 657.50 26.21 12.10 Two-Party 1,367.42 1,209.50 157.92 72.89 Family 1,777.65 1,530.50 247.15 114.07 PERS Select Single 625.20 625.20 0.00 0.00 Two-Party 1,250.40 1,209.50 40.90 18.88 Family 1,625.52 1,530.50 95.02 43.86 PERS Care Single 761.50 657.50 104.00 48.00 Two-Party 1,523.00 1,209.50 313.50 144.69 Family 1,979.90 1,530.50 449.40 207.42 PORAC Single 699.00 657.50 41.50 19.15 Two-Party 1,399.00 1,209.50 189.50 87.46 Family 1,789.00 1,530.50 258.50 119.31 Delta Dental PPO Single 58.10 58.00 0.10 0.05 Two-Party 108.60 108.40 0.20 0.09 Family 143.20 142.90 0.30 0.14 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Medical Opt Out Benefit: $634.00 per month ($292.62 bi-weekly) CalPERS PEMHCA 2016 employer contribution: $125.00 per month ($57.69 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare 532 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 45 City of Huntington Beach 2016 Health Premiums and Contributions Effective the First Pay Period Following Council Approval of MOU PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contrib Employee Monthly Contrib Employee Bi-Weekly Contrib PERS Anthem HMO Select Single 634.75 634.00 0.75 0.35 Two-Party 1,269.50 1,186.00 83.50 38.54 Family 1,650.35 1,507.00 143.35 66.16 PERS Anthem HMO Traditional Single 710.79 634.00 76.79 35.44 Two-Party 1,421.58 1,186.00 235.58 108.73 Family 1,848.05 1,507.00 341.05 157.41 PERS Blue Shield Access+ Single 654.87 634.00 20.87 9.63 Two-Party 1,309.74 1,186.00 123.74 57.11 Family 1,702.66 1,507.00 195.66 90.30 PERS Blue Shield NetValue Single 666.35 634.00 32.35 14.93 Two-Party 1,332.70 1,186.00 146.70 67.71 Family 1,732.51 1,507.00 225.51 104.08 PERS Health Net Salud y Mas Single 535.98 535.98 0.00 0.00 Two-Party 1,071.96 1,071.96 0.00 0.00 Family 1,393.55 1,393.55 0.00 0.00 PERS Health Net SmartCare Single 596.98 596.98 0.00 0.00 Two-Party 1,193.96 1,186.00 7.96 3.67 Family 1,552.15 1,507.00 45.15 20.84 PERS Kaiser Single 605.05 605.05 0.00 0.00 Two-Party 1,210.10 1,186.00 24.10 11.12 Family 1,573.13 1,507.00 66.13 30.52 PERS UnitedHealthcare Single 493.99 493.99 0.00 0.00 Two-Party 987.98 987.98 0.00 0.00 Family 1,284.37 1,284.37 0.00 0.00 PERS Choice Single 683.71 634.00 49.71 22.94 Two-Party 1,367.42 1,186.00 181.42 83.73 Family 1,777.65 1,507.00 270.65 124.92 PERS Select Single 625.20 625.20 0.00 0.00 Two-Party 1,250.40 1,186.00 64.40 29.72 Family 1,625.52 1,507.00 118.52 54.70 PERS Care Single 761.50 634.00 127.50 58.85 Two-Party 1,523.00 1,186.00 337.00 155.54 Family 1,979.90 1,507.00 472.90 218.26 533 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 46 Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PORAC Single 699.00 699.00 0.00 0.00 Two-Party 1,399.00 1,399.00 0.00 0.00 Family 1,789.00 1,789.00 0.00 0.00 Delta Dental PPO Single 58.10 58.00 0.10 0.05 Two-Party 108.60 108.40 0.20 0.09 Family 143.20 142.90 0.30 0.14 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 VSP Vision Single 25.12 23.50 1.62 0.75 Two-Party 25.12 23.50 1.62 0.75 Family 25.12 23.50 1.62 0.75 Medical Opt Out Benefit: $699.00 per month ($322.62 bi-weekly) CalPERS PEMHCA 2016 employer contribution: $125.00 per month ($57.69 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare City of Huntington Beach 2016 Health Premiums and Contributions Effective the First Pay Period Following Council Approval of MOU PMA (Employees who enrolled in Medical but opt out Vision) Plan Tier Monthly Premium Employer Monthly Contrib Employee Monthly Contrib Employee Bi-Weekly Contrib PERS Anthem HMO Select Single 634.75 634.75 0.00 0.00 Two-Party 1,269.50 1,209.50 60.00 27.69 Family 1,650.35 1,530.50 119.85 55.32 PERS Anthem HMO Traditional Single 710.79 657.50 53.29 24.60 Two-Party 1,421.58 1,209.50 212.08 97.88 Family 1,848.05 1,530.50 317.55 146.56 PERS Blue Shield Access+ Single 654.87 654.87 0.00 0.00 Two-Party 1,309.74 1,209.50 100.24 46.26 Family 1,702.66 1,530.50 172.16 79.46 534 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 47 Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Blue Shield NetValue Single 666.35 657.50 8.85 4.08 Two-Party 1,332.70 1,209.50 123.20 56.86 Family 1,732.51 1,530.50 202.01 93.24 PERS Health Net Salud y Mas Single 535.98 535.98 0.00 0.00 Two-Party 1,071.96 1,071.96 0.00 0.00 Family 1,393.55 1,393.55 0.00 0.00 PERS Health Net SmartCare Single 596.98 596.98 0.00 0.00 Two-Party 1,193.96 1,193.96 0.00 0.00 Family 1,552.15 1,530.50 21.65 9.99 PERS Kaiser Single 605.05 605.05 0.00 0.00 Two-Party 1,210.10 1,209.50 0.60 0.28 Family 1,573.13 1,530.50 42.63 19.68 PERS UnitedHealthcare Single 493.99 493.99 0.00 0.00 Two-Party 987.98 987.98 0.00 0.00 Family 1,284.37 1,284.37 0.00 0.00 PERS Choice Single 683.71 657.50 26.21 12.10 Two-Party 1,367.42 1,209.50 157.92 72.89 Family 1,777.65 1,530.50 247.15 114.07 PERS Select Single 625.20 625.20 0.00 0.00 Two-Party 1,250.40 1,209.50 40.90 18.88 Family 1,625.52 1,530.50 95.02 43.86 PERS Care Single 761.50 657.50 104.00 48.00 Two-Party 1,523.00 1,209.50 313.50 144.69 Family 1,979.90 1,530.50 449.40 207.42 PORAC Single 699.00 699.00 0.00 0.00 Two-Party 1,399.00 1,399.00 0.00 0.00 Family 1,789.00 1,789.00 0.00 0.00 Delta Dental PPO Single 58.10 58.00 0.10 0.05 Two-Party 108.60 108.40 0.20 0.09 Family 143.20 142.90 0.30 0.14 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Medical Opt Out Benefit: $699.00 per month ($322.62 bi-weekly) CalPERS PEMHCA 2016 employer contribution: $125.00 per month ($57.69 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare 535 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 48 City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA (Employees who enrolled in Medical but opt out Vision) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 625.07 625.07 0.00 0.00 Two-Party 1,250.14 1,250.14 0.00 0.00 Family 1,625.18 1,625.18 0.00 0.00 PERS Anthem HMO Traditional Single 830.89 797.33 33.56 15.49 Two-Party 1,661.78 1,646.33 15.45 7.13 Family 2,160.31 2,099.33 60.98 28.14 PERS Blue Shield Access+ Single 760.04 760.04 0.00 0.00 Two-Party 1,520.08 1,520.08 0.00 0.00 Family 1,976.10 1,976.10 0.00 0.00 PERS Health Net Salud y Mas Single 427.81 427.81 0.00 0.00 Two-Party 855.62 855.62 0.00 0.00 Family 1,112.31 1,112.31 0.00 0.00 PERS Health Net SmartCare Single 642.71 642.71 0.00 0.00 Two-Party 1,285.42 1,285.42 0.00 0.00 Family 1,671.05 1,671.05 0.00 0.00 PERS Kaiser Single 628.63 628.63 0.00 0.00 Two-Party 1,257.26 1,257.26 0.00 0.00 Family 1,634.44 1,634.44 0.00 0.00 PERS UnitedHealthcare Single 646.65 646.65 0.00 0.00 Two-Party 1,293.30 1,293.30 0.00 0.00 Family 1,681.29 1,681.29 0.00 0.00 PERS Choice Single 721.11 721.11 0.00 0.00 Two-Party 1,442.22 1,442.22 0.00 0.00 Family 1,874.89 1,874.89 0.00 0.00 PERS Select Single 462.71 462.71 0.00 0.00 Two-Party 925.42 925.42 0.00 0.00 Family 1,203.05 1,203.05 0.00 0.00 PERS Care Single 907.29 797.33 109.96 50.75 Two-Party 1,814.58 1,646.33 168.25 77.65 Family 2,358.95 2,099.33 259.62 119.82 PORAC Single 774.00 774.00 0.00 0.00 536 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 49 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 625.07 625.07 0.00 0.00 Two-Party 1,250.14 1,250.14 0.00 0.00 Family 1,625.18 1,625.18 0.00 0.00 PERS Anthem HMO Traditional Single 830.89 774.00 56.89 26.26 Two-Party 1,661.78 1,623.00 38.78 17.90 Family 2,160.31 2,076.00 84.31 38.91 PERS Blue Shield Access+ Single 760.04 760.04 0.00 0.00 Two-Party 1,520.08 1,520.08 0.00 0.00 Family 1,976.10 1,976.10 0.00 0.00 PERS Health Net Salud y Mas Single 427.81 427.81 0.00 0.00 Two-Party 855.62 855.62 0.00 0.00 Family 1,112.31 1,112.31 0.00 0.00 PERS Health Net SmartCare Single 642.71 642.71 0.00 0.00 Two-Party 1,285.42 1,285.42 0.00 0.00 Family 1,671.05 1,671.05 0.00 0.00 PERS Kaiser Single 628.63 628.63 0.00 0.00 Two-Party 1,257.26 1,257.26 0.00 0.00 Family 1,634.44 1,634.44 0.00 0.00 Single 646.65 646.65 0.00 0.00 537 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 50 PERS UnitedHealthcare Two-Party 1,293.30 1,293.30 0.00 0.00 Family 1,681.29 1,681.29 0.00 0.00 PERS Choice Single 721.11 721.11 0.00 0.00 Two-Party 1,442.22 1,442.22 0.00 0.00 Family 1,874.89 1,874.89 0.00 0.00 PERS Select Single 462.71 462.71 0.00 0.00 Two-Party 925.42 925.42 0.00 0.00 Family 1,203.05 1,203.05 0.00 0.00 PERS Care Single 907.29 774.00 133.29 61.52 Two-Party 1,814.58 1,623.00 191.58 88.42 Family 2,358.95 2,076.00 282.95 130.59 PORAC Single 774.00 774.00 0.00 0.00 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.56 30.11 0.45 0.21 Two-Party 51.64 51.19 0.45 0.21 Family 78.74 78.29 0.45 0.21 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Other Southern California Region: Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA (Employees who enrolled in Medical but opt out Vision) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 627.07 627.07 0.00 0.00 Two-Party 1,254.14 1,254.14 0.00 0.00 Family 1,630.38 1,630.38 0.00 0.00 PERS Anthem HMO Traditional Single 878.48 797.33 81.15 37.45 Two-Party 1,756.96 1,646.33 110.63 51.06 Family 2,284.05 2,099.33 184.72 85.26 538 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 51 PERS Blue Shield Access+ Single 669.75 669.75 0.00 0.00 Two-Party 1,339.50 1,339.50 0.00 0.00 Family 1,741.35 1,741.35 0.00 0.00 PERS Health Net Salud y Mas Single 356.50 356.50 0.00 0.00 Two-Party 713.00 713.00 0.00 0.00 Family 926.90 926.90 0.00 0.00 PERS Health Net SmartCare Single 584.27 584.27 0.00 0.00 Two-Party 1,168.54 1,168.54 0.00 0.00 Family 1,519.10 1,519.10 0.00 0.00 PERS Kaiser Single 618.64 618.64 0.00 0.00 Two-Party 1,237.28 1,237.28 0.00 0.00 Family 1,608.46 1,608.46 0.00 0.00 PERS UnitedHealthcare Single 669.61 669.61 0.00 0.00 Two-Party 1,339.22 1,339.22 0.00 0.00 Family 1,740.99 1,740.99 0.00 0.00 PERS Choice Single 654.50 654.50 0.00 0.00 Two-Party 1,309.00 1,309.00 0.00 0.00 Family 1,701.70 1,701.70 0.00 0.00 PERS Select Single 420.77 420.77 0.00 0.00 Two-Party 841.54 841.54 0.00 0.00 Family 1,094.00 1,094.00 0.00 0.00 PERS Care Single 843.78 797.33 46.45 21.44 Two-Party 1,687.56 1,646.33 41.23 19.03 Family 2,193.83 2,099.33 94.50 43.62 PORAC Single 774.00 774.00 0.00 0.00 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 Family 78.29 78.29 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura City of Huntington Beach 2019 Health Premiums and Contributions Effective 9/7/2019 PMA 539 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 52 (Employees who enrolled in Medical and Vision plans) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution PERS Anthem HMO Select Single 627.07 627.07 0.00 0.00 Two-Party 1,254.14 1,254.14 0.00 0.00 Family 1,630.38 1,630.38 0.00 0.00 PERS Anthem HMO Traditional Single 878.48 774.00 104.48 48.22 Two-Party 1,756.96 1,623.00 133.96 61.83 Family 2,284.05 2,076.00 208.05 96.02 PERS Blue Shield Access+ Single 669.75 669.75 0.00 0.00 Two-Party 1,339.50 1,339.50 0.00 0.00 Family 1,741.35 1,741.35 0.00 0.00 PERS Health Net Salud y Mas Single 356.50 356.50 0.00 0.00 Two-Party 713.00 713.00 0.00 0.00 Family 926.90 926.90 0.00 0.00 PERS Health Net SmartCare Single 584.27 584.27 0.00 0.00 Two-Party 1,168.54 1,168.54 0.00 0.00 Family 1,519.10 1,519.10 0.00 0.00 PERS Kaiser Single 618.64 618.64 0.00 0.00 Two-Party 1,237.28 1,237.28 0.00 0.00 Family 1,608.46 1,608.46 0.00 0.00 PERS UnitedHealthcare Single 669.61 669.61 0.00 0.00 Two-Party 1,339.22 1,339.22 0.00 0.00 Family 1,740.99 1,740.99 0.00 0.00 PERS Choice Single 654.50 654.50 0.00 0.00 Two-Party 1,309.00 1,309.00 0.00 0.00 Family 1,701.70 1,701.70 0.00 0.00 PERS Select Single 420.77 420.77 0.00 0.00 Two-Party 841.54 841.54 0.00 0.00 Family 1,094.00 1,094.00 0.00 0.00 PERS Care Single 843.78 774.00 69.78 32.21 Two-Party 1,687.56 1,623.00 64.56 29.80 Family 2,193.83 2,076.00 117.83 54.38 PORAC Single 774.00 774.00 0.00 0.00 Two-Party 1,623.00 1,623.00 0.00 0.00 Family 2,076.00 2,076.00 0.00 0.00 Delta Dental PPO Single 56.00 56.00 0.00 0.00 Two-Party 104.60 104.60 0.00 0.00 Family 137.90 137.90 0.00 0.00 Delta Care HMO Single 30.11 30.11 0.00 0.00 Two-Party 51.19 51.19 0.00 0.00 540 POLICE MANAGEMENT ASSOCIATION EXHIBIT F – HEALTH PREMIUMS AND CONTRIBUTIONS DRAFT PMA MOU April 1, 2016 through December 31, 2017January 1, 2018 through June 30, 2020 53 Family 78.29 78.29 0.00 0.00 VSP Vision Single 23.33 23.33 0.00 0.00 Two-Party 23.33 23.33 0.00 0.00 Family 23.33 23.33 0.00 0.00 Medical Opt Out Benefit: $774.00 per month ($357.23 bi-weekly) CalPERS PEMHCA 2019 employer contribution: $136.00 per month ($62.77 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations Los Angeles Area Region: Los Angeles, San Bernardino, Ventura 541 Huntington Beach Police Management Association Tentative Agreement and Proposed MOU 2019-2020 HUNTINGTON BEACH CITY COUNCIL MEETING 08/19/19 542 HBPMA –Tentative Agreement Term –30 Months January 1, 2018 –June 30, 2020 Medical City to increase the employer-paid monthly contribution to medical premium (only); Single –from $699 to $774 Two-Party –from $1,399 to $1,624 Family –from $1,789 to $2,076 Medical Opt Out Cash –from $699 to $774 543 HBPMA –Tentative Agreement Law Enforcement Related Equipment Allowance $1,200 one-time allocation of funds for reimbursement for purchase of law enforcement related equipment Recurring Fiscal Impact = $25,154 One Time Fiscal Impact = $15,600 Total Fiscal Impact = $41,654 544