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HomeMy WebLinkAboutGeneral Plan Amendment GPA2008006 - Supporting DocumentsPage 1 of 1 Nguyen, Tess From: Bogart, Steve Sent: Thursday, March 26, 2009 2:45 PM To: Nguyen, Tess Cc: Olmos, Tony; Kelley, Jason; McDonald, Joshua Subject: CVS Pharmacy (McFadden and Goldenwest) - plan and map check status Attachments: CVS (15520 Goldenwest) plan check chronology 3-25-09.doc To All: Attached is the current status of project's associated plan checks (Grading, Storm Drain Improvement, Parcel Map, etc.). In summary, the Grading and Storm Drain Imp. Plans are close to approval (probably within the next two weeks). However, the Parcel Map is still in check and staff has inferred that further corrections are required (may take up to one month to achieve approval and recordation). As to the possibility of issuance of a grading permit prior to recordation of the Parcel Map, the following are pertinent excerpts from the code that apply to this project: 1. The Subdivision Map Act (66424) defines a "Subdivision" as, "the division, by any subdivider, of any unit or units of improved or unimproved land.....for the purpose of sale, lease or financing, whether immediate or future." 2. The Subdivision Map Act (66426) also lists types of projects requiring tentative and final maps (and parcel maps). 3. The Subdivision Map Act (66499.30.b) states, "No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this subdivision or local ordinance, until the parcel map thereof in full compliance with this division and any local ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located." 4. The project's Code Requirements Letter, dated October 10, 2008, explicitly states that the required Parcel Map shall be recorded prior to issuance of a Precise Grading Permit. Steven Boga rt - Acting Principal Civil Engineer City of Huntington Beach - Dept. of Public Works 2000 Main Street, Huntington Beach, CA 92648 Voice - 714. 536.5431 Fax - 714.374.1573 3/30/2009 15520 Goldenwest Street - Plan Check & Project Status PW 08-062 Page 1 of 1 3/25/09 Grading Plan 1st submittal to PW on 12/4/08 Comments returned to Engineer on 1/7/09 2nd submittal to PW on 1/29/09 Comments returned to Engineer on 2/27/09 3rd submittal to PW on 3/13/09 Review still in progress W MP H drolo / Draina e Stud and Storm Drain Im rovement Plans 1st submittal to PW on 12/4/08 Comments returned to Engineer on 12/30/08 2nd submittal to PW on 1/29/09 Comments returned to Engineer on 2/11/09 3rd submittal to PW on 3/13/09 Comments returned to Engineer on 3/25/09 Landsca e and Irri ation Ian 1st submittal to PW on 12/4/08 Comments returned to Engineer on 1/7/09 2nd submittal to PW on 1/29/09 Comments returned to Engineer on 3/7/09 3rd submittal to PW on 3/13/09 Review still in progress SWPPP 1st submittal to PW on 12/4/08 Comments returned to Engineer on 12/30/09 2nd submittal to PW on 1/29/09 Approved on 2/11/09 Parcel Map 1st submittal to PW on 12/4/08 Comments returned to Engineer on 1/8/09 2nd submittal to PW on 1/29/09 Comments returned to Engineer on 2/25/09 3rd submittal to PW on 3/20/09 Review still in progress JOE SHAW RETURNS ........................................................................................................................................................................................... We've lost our hometown innocence Pumpkin patch memories have more value than CVS By Joe Shaw WE ALL have childhood memories of innocent fun things we had and did that are now lost forever. We can see them dimly now, in a golden glow of nostal- gia, in this world of the ever-present cold silver glow of a computer screen. I remember a couple of things viv- rushing down to Gerry's for candy with my friend Andra, who lived on the corner. My mom would send us to Gerry's for a half-gallon of milk, ice cream or a loaf of Rainbo or Wonder bread, and she'd write it down, we'd take it home and my dad would pay for it once a week on payday. Sometimes, though, we'd go to the Peo- ria Dairy which was a little fu rther-two blocks away-and get a 10-cent ice cream cone. If we had 35 cents we could buy a paper kite and string, and in the spring when the wind was blowing, we flew our kites at Bullette Park, a half block away. These kinds of litt le neighborhood stores and the kind of communities like the one I grew up in are long gone.They provided us with a sense of togetherness, and of place. In Huntington Beach, we are luckier than most, because we have neighborhood to develop a litt le parcel of land at the corner of Goldenwest and McFadden. The college will lease the site for 55 years to CVS Pharmacy. There are eight CVS pharmacies in Huntington Beach. Near my home at Beach andYorktown,there are TWO CVS Pharmacies just over a foot- ball field away from each other. This CVS will replace another CVS nearby on Warner. There are 117 pharmacies in a five- mile radius of this location. Considering that and the sheer waste of effort and re- sources to shutter one pharmacy just to open another on a vacant plot of land, do we really need another pharmacy? But it gets worse. On the site now, there are 15 or so mature trees, and a nearby neighborsaysthere'sa hawk seen from time to time circling the sky lazily, as hawks do. You may not know exactly what years, is at this time, clearing away to get ready for the annual Christmas tree lot. In the future, there will be some grand- mothers who will remember when they took their children to the pumpkin patch there on the corner, and there will be mothers who remember as children, going to the pumpkin patch each year to get a pumpkin to make jack-o'-lanterns or har- vest displays. And there will be those who will remember going to that lot each year to pick out a Christmas tree, taking it home and decorating itand manywho will bask in the warm glow of their holiday memories. Some say that it's progress to tear down some old trees on a dirt lot to build another pharmacy we don't need. Some say it will bring revenue to the city, create jobs and revenue for the struggling communi ty col- PHARMACY LOST FOREVER: Main Street. Huntington Beach, circa 1950s.Taken from the Pier entrance looking up Main Street.Jwww.yesterdayla.com idly. Gerry's Store was a little brick build- ing a block away from my house. The proprietor Gerry was there all the time, remembered all our names and was always friendly, and never grumpy. At Gerry's, if you had a quarter you were rich. You could buy 25 pieces of candy and there was a whole rack full of the "penny candy" to choose from. I can remember the excitement of having a nickel and schools and parks, little league, commu- nity events and a great Fourth of July cel- ebration. We still have a sense of the com- munity, a sense of community spirit and places that will create the kinds of memo- ries that I've spoken of in my column today. Unfortunately, we just lost a little sense of community this past week, when the Planning Commission vot- ed 4-3 to allow Golden West College spot I'm speaking of, but this "little plot of dirt" as one planning commis- sioner called it, is north of where the college holds its weekly swap meets. At this time of the year, the site hosts a pumpkin patch. It's familiar to the fami- lies who live nearby and to those of us who come home via the 405 on Gold- enwest. The pumpkin patch, which has been at that location for some 20 odd lege. Fine. They can believe that. One thing I can guarantee you: this unneeded CVS Pharmacy will not cre- ate enough revenue for anyone to re- place the lost memories, the smiles, the laughter, the family togetherness, or the sense of community that the pumpkin patch and Christmas tree lot create for us. We put value on the wrong things these days. le_ r IMMIGRANT UCI credits often ignored immigrant contributions to Orange County history Library exhibit continues through early May By Daniel C. Tsang IN RECENT years Orange County has become widely known via television and other media portrayals as "The OC" pro- moting perceptions of a largely homo- geneous and wealthy "white" populace. In reality, the county has experienced dramatic demographic change in re- cent decades, largely due to the impact of immigrants from all over the world. A new UC Irvine Libraries exhibit, which opened Nov. 18, depicts the lives of im- migrants in southern California, with a focus on Orange County, from the late 1 9thcentury to the present. Topics include the legacy of an often turbulent past, the changing face of the population, the con- temporary debate about immigration, and issues affecting immigrant workers. The exhibit also highlights immigrants' own stories, the plight of the undocumented, public policy issues, and the role of gender in migration. Numerous books and papers written by UCI faculty authors are included. According to the Public Policy Institute of California, the state's immigrant population increased fivefold between 1970 and 2006, from 1.8 million to 9.9 million, including those who were naturalized as U.S. citizens. Today one in four Californians is an immi- grant, a higher proportion than in any other state. Most are from Latin America or Asia. In researching materials from the UCI Li- braries' collections for the exhibit, which I am curating, I realized it was a need for for- eign labor that led to the first wave of im- migrants to the United States from China. Chinese farm workers were hired by Ger- Long known as an agriculture center, Orange County owes its prosperity not just to the well-to-do, but also to the sweat and toil of farmhands working the citrus fields in the days past. Today, immigrant domestic workers, janitors, and grounds keepers labor often unseen and ignored as we go about our daily suburban routines. Throughout Orange County history, many workers have organized for the rights. Indeed, a tumultuous 1936 citrus strike ended the myth of "contented Mexican la- bor;" according to UCI labor historian Gil- bert Gonzalez, who called it one of the "most violently suppressed" labor disputes of the period The photo on the right shows cit- rus workers at Hewes ranch in Tustin circa w V • RECORDING RE UESTED BY AND WHEN RECORDED MAIL TO: Burke, Williams & Sorensen, LLP 4 Park Plaza, Suite 850 Irvine, CA 92614 Attention: Jack P. Lipton, Ph.D., Esq. • Recorded in Official Records , Orange County Tom Daly, Clerk -Recorder 1111111 1111 l llil l 1111 11111 l 111111111111[111111 [11111111111111111111111111145.00 2009000155911 10:24am 04/01109 111 159 E01 14 0.00 0.00 0.00 0.00 39.00 0.00 0.00 0.00 (Space above line for Recorder's use) FIRST AMENDED EASEMENT DEED Assessor 's Parcel Number: 142-072-01 Gv;3%-t,1 t V 2.Jr This First Amended Easement Deed ("Deed") is made as of November 3, 2008 by COAST COMMUNITY COLLEGE DISTRICT ("Grantor ") in favor of GARFIELD BEACH CVS, L.L.C. ("Grantee"). RECITALS A. Grantor is the owner of certain real property (the "Property") situated at 15520 Golden West Street in the City of Huntington Beach, County of Orange, State of California. The Property is adjacent to a community college campus owned and operated by Grantor known as Golden West College ("Campus "). The legal description of the Property is set forth on Exhibit "A". The collective legal description of the Campus and the Property is set forth on Exhibit "B". B. Grantor and Grantee entered into a ground lease of the Property on February 19, 2008 ("Ground Lease"). C. Grantor desires to grant Grantee certain easement rights over portions of the Campus in connection with Grantee's use of the Property under the Ground Lease, which easement rights shall benefit Grantee. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: AGREEMENT 1. Grant of Easements. 1.1 Reci rocal Access Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a reciprocal, non-exclusive easement for vehicular access purposes ("Reciprocal Access Easement ") across a portion of the Campus' western parking lot as necessary to allow vehicular access to the Property from Golden West Street by way of the existing driveway in that parking lot located closest to the Property ("Existing Driveway"). The approximate location of the Reciprocal Access Easement is shown on the site plan attached 1061256.5 IRV #4816-6748.2115 v2 1 hereto as Exhibit "C" ("Reciprocal Access Easement Area"). This Agreement shall be irrevocable during the term identified in Section 3 below. 1.2 Landsca e Maintenance Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for landscape maintenance purposes ("Landscape Maintenance Easement ") in the location indicated by Exhibit "C" ("Landscape Maintenance Easement Area"). 1.3 Construction Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for construction purposes ("Construction Easement ") in the location indicated by Exhibit "C" ("Construction Easement Area"). 1.4 Easements - Easement Areas. The Reciprocal Access Easement, the Landscape Maintenance Easement and the Construction Easement shall and from time to time be collectively referred to as the Easements ("Easements "). The Reciprocal Access Easement Area, the Landscape Maintenance Easement Area and the Construction Easement Area shall and from time to time be collectively referred to as the Easement Areas ("Easement Areas"). 2. Pur ose of Easements - Uses of Easement Areas. The rights to use the Easement Areas granted by this Deed are limited to the following specified uses: 2.1 Reei rocal Access Easement. The Reciprocal Access Easement granted herein shall be for the purposes of ingress and egress to the Property by Grantee and its employees, customers and invitees in connection with Grantee's operation of a retail drug store and related uses on the Property pursuant to the Ground Lease. 2.2 Landsca a Maintenance Easement . The Landscape Maintenance Easement granted herein shall be for the purposes of entering portions of the Campus within the Landscape Maintenance Easement Area as necessary to maintain and replace Grantee's landscaping of the Property as part of Grantee's rights and obligations under the Ground Lease. 2.3 Construction Easement . The Construction Easement granted herein shall be for the purposes of (i) entering portions of the Campus within the Construction Easement Area as necessary to construct a wall around the Property subject to the terms and conditions of Section 2(b) of the Ground Lease and (ii) entering portions of the Campus as necessary to modify the Existing Driveway in the Reciprocal Access Easement Area so as to meet certain requirements and specifications of the City of Huntington Beach. Grantee's use of the Construction Easement Area shall be subject to reasonable restrictions as to time, noise, dust and other restrictions which may be imposed from time to time by Grantor to prevent disruption of Grantor's educational and other activities on the Campus. Not later than the date on which the Construction Easement terminates as set forth in Section 3 below, Grantee shall remove all construction equipment, materials and debris from the Construction Easement Area, and shall restore the Construction Easement Area to the condition in which it existed as of the date of this Deed. 3. Duration of Easements . The Landscape Maintenance Easement and the Construction Easement shall terminate concurrently with the expiration or earlier termination of 2 1061256.5 I R V #4816-6748-2115 v2 the Ground Lease. The Reciprocal Access Easement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of City of Huntington Beach. The Construction Easement shall terminate on the earliest to occur of (a) completion of Grantee's construction of a wall separating the Property from the Campus pursuant to Section 2(b) of the Ground Lease and Grantee's completion of any realignment and/or modification to the Existing Driveway required by the City of Huntington Beach in connection with Grantee's development and use of the Premises, (b) the Date of Rent Commencement established under Section 2.3(a) of the Ground Lease, or (c) the termination of the Ground Lease. Notwithstanding the foregoing, any or all of the Easements may be immediately terminated by Grantor in the case of a breach by Grantee of its obligations under this Deed, where such breach continues uncured for more than thirty (30) days following written notice from Grantor. 4. Restrictions and Conditions to Relocation of Reci rocal Access Easement. Grantor shall not change or alter the location of the Existing Driveway or the curb cuts between the Existing Driveway and Golden West Street without the prior written consent of Grantee and the City of Huntington Beach. If, having Grantee's prior written consent, Grantor elects to relocate or remove the Existing Driveway, Grantor shall endeavor to conduct such relocation or removal so as to minimize, to the extent reasonably practical, interruption of Grantee's use of the Reciprocal Access Easement Area. Upon any such relocation or removal, at Grantor's option, Grantor and Grantee shall execute and record documentation as necessary to either: (a) modify the location of the Reciprocal Access Easement Area as described herein, or (b) revoke the Reciprocal Access Easement and create a new easement which relates to the relocated Reciprocal Access Easement Area but which otherwise contains all of the terms and conditions set forth in this Deed. 5. No Liens. Grantee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Grantee, operation of law or otherwise, to attach to or be placed upon the Easement Areas or any other portion of the Campus, and any and all liens and encumbrances created by Grantee shall attach to Grantee's interest only. Grantor shall have the right at all times to post and keep posted on the Campus and/or the Easement Areas any notice which Grantor deems necessary for protection from such liens. Grantee covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Easement Areas and/or the Campus, or any portion thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Grantee or the Easement Areas, and, in case of any such lien attaching or notice of any lien, Grantee covenants and agrees to cause it to be immediately released and removed of record. Notwithstanding anything to the contrary set forth in this Deed, if any such lien is not released and removed or bonded over on or before the date occurring thirty (30) days after notice of such lien is delivered by Grantor to Grantee, then Grantor, at its sole option, may immediately take all action necessary to release and remove such lien, without any duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorneys' fees and costs, incurred by Grantor in connection with such lien shall immediately be due and payable by Grantee. 6. Liabili Insurance . Grantor's grant of the Easements to Grantee, and Grantee's right to use and possess the Easement Areas pursuant to this Deed, are contingent upon Grantee's 3 1061256.5 1RV 94816-6748-2115 v2 maintaining in effect at all times during the duration of the Easements liability insurance of the type and in the amounts specified in Section 16 of the Ground Lease. 7. Standard of Care. Grantee agrees to exercise due care when using the Easement Areas so as to prevent any damage or injury to the Easement Areas, the Property, or persons or property thereon. 8. Indemnification . Grantee agrees to protect, defend, indemnify, and hold Grantor harmless from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders that may at any time be asserted against Grantor by any third party as a result of (i) Grantee's failure to perform any of the covenants, provisions, or conditions contained in this Deed to be performed by Grantee, or (ii) use or occupancy of the Easement Areas by Grantee or its employees, customers and/or invitees, except as, if and to the extent caused by the act or negligence of Grantor. The provisions of this Section 8 shall survive any revocation of the Easements. 9. Taxes. If the Easement Areas and/or the Property are assessed any taxes or similar fees or charges due to Grantee's use or occupancy thereof, then Grantor shall so notify Grantee and shall provide Grantee with a copy of the invoice from the taxing authority, and Grantee shall, not later than thirty (30) days prior to the due date of said taxes, fees or charges, either (a) deliver the full amount thereof to Grantor, or (b) pay the same to the taxing authority and deliver to Grantor proof of such payment. 10. Cross-Default . Any Default by Grantee as the tenant under the Ground Lease shall also constitute a default by Grantee under this Deed. Upon such a default, Grantor shall be entitled to exercise any and all remedies available to it hereunder, at law, or in equity, including without limitation the termination right set forth at Section 3 above. 11.Miscellaneous. 11.1 Notices. All written notices required to be given pursuant to the terms hereof shall be delivered in accordance with the notice provisions set forth in Section 22 of the Ground Lease. 11.2 Attorne 's Fees. In the event any dispute between the parties hereto should result in arbitration or litigation, or if any action at law or in equity is taken to enforce or interpret the terms and conditions of this Deed, the prevailing party shall (in addition to any other relief to which that party may be entitled) be reimbursed for all reasonable costs and expenses incurred in connection with such arbitration or litigation, including, without limitation, reasonable attorneys' fees, accountants' fees and experts' fees. As used herein, the term "prevailing party" shall include any party against whom a cause of action, complaint, cross- complaint, counter-claim, cross-claim or third party complaint is voluntarily dismissed, with or without prejudice. 11.3 Entire A reement . This Deed contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral 4 1061256.5 I R V #4816-6748-2115 v2 representations or modifications concerning this Deed shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 11.4 Incor oration of Recitals and Exhibits . All of the recitals and Exhibits set forth in and/or attached to this Deed are by this reference incorporated in and made a part of this Deed as if set forth fully herein. 11.5 Construction . Grantor and Grantee acknowledge that each party and its counsel have reviewed and revised this Deed and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Deed or any amendments hereto. 11.6 Governin Law. This Deed shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 11.7 Consent to Jurisdiction and Service of Process . All judicial proceedings brought against any party hereto arising out of or relating to this Deed may be brought in any state or federal court of competent jurisdiction in the County of Orange, State of California, and by execution and delivery of this Deed each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Deed. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law. 11.8 Captions . Any captions or headings to the Sections and subsections in this Deed are solely for the convenience of the parties hereto, are not a part of this Deed, and shall not be used for the interpretation or determination of validity of this Deed or any provision hereof. 11.9 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Deed. 1 1.10 No Waiver. Any waiver, consent or approval by one party of any breach, default or event of default by or on the part of the other party of any provision, condition or covenant of this Deed must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Deed. Any failure or delay on the part of a party in exercising any power, right or privilege under this Deed shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 5 1061256.5 IRV #4816-6748-2115 v2 11.11 Ri hts and Remedies . No right or remedy conferred by any of the specific provisions of this Deed is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 Joint and Several Liabili . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties . Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Communi ty College District , Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By: Name: Jim,jfl oreno, Board President Title: And approved o Form: By: Jack . i to .D., Esq. Gen ra ou el APP ED AS TO FORM JEN FER McORA ,CityAttorncy 1*3o\ocr CVS Legal Approval: 6 10612565 IRV x14816-6748-2115 v2 11.11 Ri hts and Remedies . No right or remcdy conferred by any of the specific provisions of this Deed is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 Joint and Several Liabili . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties. Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Community College District , Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By: Name: C.M. Brahmbhatt, Vice Chancellor, Title: Administrative Services - CVS Legal Approval: APPROVED AS TO FORM JENNIFER McGRATH,,C,'ityAttornoy 6 1061256.5 STATE OF CALIFORNIA COUNTY OF ORANGE On 2009, before me, ,.)vllet L_ be?! eiNotary Public, personal y appeared ' , who proved me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/ h /tVy executed the same in his/ 'r/tt r authorized capacity, and that by his/hpf/th?fr signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. STATE OF Mycoar t BwsJan 20. .111M L COMMIWon 1163""SignatureNotary hole - ca1A>Rro 0=90 COU* COUNTY OF t On , 2009, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) 1061256.5 IRV i4816-6748-2115 v2 Signature 7 STATE OF CALIFORNIA COUNTY OF ORANGE On November 2008, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature STATE OF r l- << t1 COUNTY OF Itr On ber )U , 200q, before me, 11 {) Notary Public, personally111vI +e appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/shek-key executed the same in his/her, h€ir authorized capaci ty, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ii 1 (seal) Signa c Dawn M. Bucci NotaryPublic State of Rhode Island My Commission Expires 07/24/2010 8 1061256.5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Being a portion of the Northwest Quarter of the Southwest Quarter of Section 14, Township 5 South, Range I I West, M.D.B. & M. in the Rancho La Bolsa Chica, in the City of Huntington Beach, County of Orange, State of California, as said section is shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, being more particularly described as follows: Beginning at a found PK Nail with tag stamped "LS 5411" in the North line of said Northwest Quarter, accepted as point "GPS# 512681" per the "County of Orange, P.F.R.D./Geomatics - Land Information Systems Horizontal Control Data Sheet", said point bears North 89°3 I'll" West a distance of 4986.78 feet to a found spike at the centerline intersection of McFadden Avenue and Edwards Street, accepted as point "GPS# 5124" per said Horizontal Control Data Sheet; thence Westerly along said North line, North 89°32'39" West 2291.33 feet to the East line of "Parcel 1" as described in the Street and Public Utility Easement Document recoded October 8, 1964 as Instrument No. 7771 in Book 7252, Page 378, Official Records, said document hereinafter referred to as "Street Easement Document"; thence Southerly along said East line, South 00°15'57" West 313.52 feet to the TRUE POINT OF BEGINNING; thence retracing a portion of said East line, North 00°15'57" East 243.42 feet to a point in the Easterly line of "Parcel 3" as described in said "Street Easement Document", said point being the beginning of a tangent 30.00 foot radius curve concave Southeasterly; thence Northeasterly along said "Parcel 3" and along the arc of said curve through a central angle of 90°11'24" a distance of 47.22 feet to a point in the South line of "Parcel 2" as described in said "Street Easement Document"; thence Easterly along said South line, South 89°32'39" East 211.00 feet; thence leaving said South line, South 00°07'05" East 143.67 feet; thence South 89°52'55" West 9 feet; thence South 00°07'05" East 45.50 feet; thence South 16°51'39" East 22.08 feet; thence South 00°15'59" West 62.39 feet; thence North 89°44'03" West 239.87 feet to the TRUE POINT OF BEGINNING. Containing 1.50 acres, more or less. 8 1061256.5 IRV 04916-6748-2115 v2 EXHIBIT "B" LEGAL DESCRIPTION OF CAMPUS AND PROPERTY PARCEL 1: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER. PARCEL 2: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTI-I, RANGE 1 I WEST, IN THE RANCHO LA BOLSA CHICA, PARTLY IN THE CITY OF HUNTINGTON BEACH AND PARTLY IN THE CITY OF WESTMINSTER, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE 150.00 FOOT STRIP OF LAND DESCRIBED IN A DEED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 7, 1956, IN BOOK 3428 PAGE 382 OF OFFICIAL RECORDS OF SAID COUNTY. 9 1061256.5 IRV 94816-6748-2115 v2 EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER. PARCEL 3: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE I I WEST, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SI-IALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR ANY PRUPOSE WHATSOEVER. 10 1061256.5 IRV #4816-6748-2115 v2 PARCEL 4: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, PARTLY IN THE CITY OF WESTMINSTER AND PARTLY IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PERSENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND, FOR ANY PURPOSE WHATSOEVER. 11 1061256.5 IRV #4816-6748-2115 v2 • EXHIBIT "C" SITE PLAN OF EASEMENT AREAS - MCFADDEN AVENUE EX. R/W rv EXISTIN DRIYENIAY -'' ACCESS I tlj) rSEMN1 DEVELOPER: SUITE 750. RYIIE.C Av921 2NS/4147700N)/47{-2717-, [ PREPARED BY: ENODJEERINO COMPANY 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAX)619.291.4165 LANDSCAPE MAINTENANCE EASEMENT wLD O w Qa. U PROPOSED CVS PHARMACY PROP. PL •tE-i F { i LANDSCAPE C911$TRl IQ31QN_ _ _. _ _ MAINTENANCE EASEMENT NO SCALE ((EASEM NT ( I I CONSTRUCTION EASEMENT lP*i:"• . LANDSCAPE MAINTENANCE EASEMENT r. I IJSLCISL'ACCESS EASEMENT pfd&TU 1@y GOLDEN WEST ST.& MCFADDEN AVE. HUNTINGTON BEACH, CA TITLEi EASEMENT EXHIBIT W Y. KAHLEN DATE, 10/31/08 JOB NUMBERI 1547BA REVISIONS: 12 1061256.5 IRV 114816-6748-2I 15 v2 0 STATE OF CALIFORNIA 0 GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT ARNOLD SCHWARZENEGGER GOVERNOR March 17, 2009 Tess Nguyen City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 Subject: CVS Pharmacy SCH#: 2008071047 Dear Tess Nguyen: CYNTHIA BRYANT DIRECTOR The enclosed comment (s) on your Mitigated Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on October 10, 2008. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten-digit State Clearinghouse number (2008071047) when contacting this office. Terry Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 10th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov r STATE OF CALIFORNIA-BUSINESS TRA TATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION District 12 3337 Michelson Drive, Suite 380 Irvine, CA 92612-8894 Tel: (949) 724-2267 Fax: (949) 724-2592 July 21, 2008 eeL- - lo.rm,&g-RECEIVED MAR 1 6-2009 STATE CLEARING HOUSE Mr. Tess Nguyen City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject : CVS Pharmacy Dear Mr. Nguyen, I Flex your power! Be energy efcient! File: IGRICEQA SCH#: 2008071047 Log #: 2092 1-405 Thank you for the opportunity to review and comment on the Initial Study and Mitigated Negative Declaration for a proposed CVS Pharmacy. The project consists of construction of a 12,900 square- foot one-story building on a currently vacant lot with 63 parking spaces. The nearest State route to the project site is 1-405. The California Department of Transportation (Department), District 12 is a commenting agency on this project and has no comment at this time. However, in the event of any activity within the Department's' right-of-way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Damon Davis at (949) 440-3487. Since Ryan Chamberlain, Branch Chief Local Development/Intergovernmental Review C: Terry Roberts, Office of Planning and Research "Caltrans improves mobility across California" July 21, 2008 Mr. Tess Nguyen City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject : CVS Pharmacy BC: Jane Perez, Acting Deputy District Director 0 File: IGR/CEQA SCH#: 2008071047 Log #: 2092 1-405 "Caltrans improves mobility across California" GLENN LUKOS ASSOCIATES Regulatory Services March 13, 2009 Austin Rogers Curt Pringle & Associates 2400 East Katella Avenue Suite 350 Anaheim, California 92806 SUBJECT: Proposal to Provide a Nesting Bird Survey for CVS Pharmacy Site, Huntington Beach, California. Dear Mr. Rogers: Glenn Lukos Associates, Inc. (GLA) is pleased to submit this proposal for provision of Nesting Bird Surveys consistent with the requirements as set forth in the City's Conditions of Approval. Specifically, a qualified GLA Biologist will survey the project site for nesting birds, including all trees, shrubs, or other areas where birds could potentially nest. In addition, GLA will survey trees and large shrubs where possible within 500 feet using binoculars. Upon completion of the survey, a GLA Biologist will prepare a brief letter report that summarizes the results of the surveys. PERSONNEL Mr. Glenn C. Lukos and Mr. Tony Bomkamp will lead a staff of carefully selected environmental professionals in conducting the work proposed in the attached scope. Mr. Lukos has over 20 years of experience in the regulatory field, four of which were spent managing the regulatory program for the U.S. Army Corps of Engineers in Southern California and Arizona. His principal focus at the Corps was supervision of the Section 10 and 404 programs for this region, including permit processing, jurisdictional determination, policy formulation, and preparation of Environmental Assessments and Environmental Impact Statements. Mr. Bomkamp is a field biologist, wetlands ecologist, and regulatory specialist with an extensive background in environmental studies. As a botanist, Mr. Bomkamp has diverse field experience extending back over 20 years in all of the major vegetation communities in Southern California. He is a recognized expert in the Southern California flora and is past President of the Orange County Chapter of the California Native Plant Society (CNPS). Mr. Bomkamp also serves as part-time 29 Orchard ®Lake Forest o California 92630-8300 Telephone: (949) 837-0404 Facsimile: (949) 837-5834 Austin Rogers Curt Pringle & Associates March 13, 2009 Page 2 faculty at California State University, Fullerton, for the graduate Environmental Studies Program, teaching courses on wetlands and endangered habitats. COST The proposed fee for performance of the attached scope of work is $1,230 including direct costs, but not including meetings or other tasks not specifically addressed in the scope of work. SCHEDULE Work will begin within three days following receipt of formal authorization to proceed (unless arranged otherwise with the client). Providing this proposal is acceptable, please so indicate by signing the attached Authorization for Professional Services and returning it to GLA. Your signature will constitute agreement to the terms set forth therein and will represent formal authorization to proceed. Should you have any questions regarding this proposal please call me at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. &-4c"-Zo V Tony Bon±amp Senior Biologist s:0896-1 a.pro.doc JA Enclosure SCOPE OF WORK BIOLOGICAL/REGULATORY OVERVIEW FOR NESTING BIRD SURVEYS PROPOSED CVS PHARMACY SITE HUNTINGTON BEACH, CALIFORNIA A qualified GLA Biologist will survey the project site for nesting birds, including all trees, shrubs, or other areas where birds could potentially nest. In addition, GLA will survey trees and large shrubs (where possible) within 500 feet of the project site using binoculars. Upon completion of the survey, a GLA Biologist will prepare a brief letter report that summarizes the results of the surveys. A draft of the letter report will be submitted to the client prior to finalization. While GLA will adhere to City's requirements as closely as possible, it is important to note that strict adherence to the City's condition for nesting bird surveys may not be fully possible due to the presence of private residences within the 500-foot survey area. Nevertheless, GLA's letter report will note that avifauna nesting in residential areas are fully adapted to the urban environment and do not require the same buffers as species such as raptors that require large areas of open space. DIRECT EXPENSES GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but not limited to, necessary transportation costs including mileage by automobile at the current rate allowed by IRS, meals and lodging, laboratory tests and analyses, retention and management of technical consultants, printing, and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be applied to all direct expense charges. The table below has been developed to aid us in estimating the total cost of the proposed work and is provided for your information only. Unless otherwise arranged with the client, the cost of each task is not meant to be precise and we may find it necessary to shift costs between tasks as the work proceeds. TASK TOTAL COSTS Review Existin Information $120 Conduct Nesting Bird Surve 's $580 Prepare Report $530 TOTAL $1,230 • GLENN LUKOS ASSOCIATES Regulatory Services Date: March 13, 2009 Project Number: 0896-0001cvs Project Name: Provide a Nesting Bird Survey for CVS Pharmacy Site, Huntington Beach Client: Curt Pringle & Associates Address: 2400 East Katella Avenue, Suite 350, Anaheim, California 92806 hereby requests and authorizes GLA to perform the following services: SCOPE OF SERVICES See proposal letter dated March 13, 2009. SCHEDULE To begin immediately upon receipt of formal authorization to proceed. COMPENSATION The proposed fee is 51,230 including direct costs, but not including meetings or other tasks not specifically addressed in the scope of work. amo MISCELLANEOUS e-a}me FLatien-to--proeeed. This pletion-and.,.:'a .,;ducte em-theA,nl in;oiee: The services covered under this agreement are subject to federal agency involvement beyond the control of GLA. The proposed fee reflected in this agreement is based on our best estimates, as of this date, of the nature and results ofthis agency involvement. Should agency actions during the life of this agreement require readjustment of the fee, the client will be advised and a new fee will be mutually agreed upon. Services covered by this authorization shall be performed in accordance with STANDARD PROVISIONS stated herein. Approved for CLIENT Accepted for GLA By By Name Name Ton Bom am Title Title Senior Biolo ist Date Date March 13. 2009 s:0896-1 a.con.doc 29 Orchard o Lake Forest California 92630-8300 Telephone: (949) 837-0404 Facsimile: (949) 837-5834 AUTHORIZATION FOR PROFESSIONAL SVICES •• STANDARD PROVISIONS 1. Authorization to Proceed Signing this form shall be construed as authorization by CLIENT for GLA to proceed with the work, unless otherwise provided for in the authorization. 2. Direct Expenses GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but not limited to, necessary transportation costs including mileage by automobile at the maximum rate allowed by IRS, meals and lodging, laboratory tests and analyses, computer services, retention and management of technical consultants, telephone, printing, and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be applied to all direct expense charges. 3. Professional Standards 4. Termination Either CLIENT or GLA may terminate this authorization by giving 30 days written notice to the other party. In such event, CLIENT shall pay GLA in full for all work previously authorized and performed prior to effective date of termination. Such payment shall be made within two weeks unless otherwise agreed. If no notice of termination is given, relationships and obligations created by this authorization shall be terminated upon completion of all applicable requirements of this authorization. 5. Legal Expenses In the event legal action is brought by CLIENT or GLA against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terns and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. GLA shall be responsible, to the level of competency presently maintained by other practicing environmental consultants in the same type of work in CLIENT's community, for the professional and technical soundness, accuracy, and adequacy of all work and materials furnished under this authorization. GLA makes no other warranty, expressed or implied. 6. Payment to GLA Monthly invoices will be issued by GLA for all work performed under the terms of this agreement. Invoices are due and payable upon receipt. Finance charges, computed by a "Periodic Rate" of 1-1/2% per month (applied to the previous month's balance after deducting payments and credits for the current month), will be charged on all past-due amounts unless otherwise provided by law or by contract. • RECORDING RE UESTED BY AND WHEN RECORDED MAIL TO: Burke, Williams & Sorensen, LLP 4 Park Plaza, Suite 850 Irvine, CA 92614 Attention: Jack P. Lipton, Ph.D., Esq. • (Space above line for Recorder's use) FIRST AMENDED EASEMENT DEED Assessor's Parcel Number: 142-072-01 This First Amended Easement Deed ("Deed ") is made as of November 3, 2008 by COAST COMMUNITY COLLEGE DISTRICT ("Grantor ") in favor of GARFIELD BEACH CVS, L.L.C. ("Grantee"). RECITALS A. Grantor is the owner of certain real property (the "Property ") situated at 15520 Golden West Street in the City of Huntington Beach, County of Orange, State of California. The Property is adjacent to a community college campus owned and operated by Grantor known as Golden West College ("Campus "). The legal description of the Property is set forth on Exhibit "A". The collective legal description of the Campus and the Property is set forth on Exhibit "B". B. Grantor and Grantee entered into a ground lease of the Property on February 19, 2008 ("Ground Lease"). C. Grantor desires to grant Grantee certain easement rights over portions of the Campus in connection with Grantee's use of the Property under the Ground Lease, which easement rights shall benefit Grantee. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged , it is agreed as follows: AGREEMENT 1. Grant of Easements. 1.1 Reci rocal Access Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a reciprocal, non-exclusive easement for vehicular access purposes ("Reciprocal Access Easement ") across a portion of the Campus' western parking lot as necessary to allow vehicular access to the Property from Golden West Street by way of the existing driveway in that parking lot located closest to the Property ("Existing Driveway"). The approximate location of the Reciprocal Access Easement is shown on the site plan attached 1061256.5 IRV #4816-6748-2115 v2 hereto as Exhibit "C" ("Reciprocal Access Easement Area"). This Agreement shall be irrevocable during the term identified in Section 3 below. 1.2 Landsca e Maintenance Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for landscape maintenance purposes ("Landscape Maintenance Easement ") in the location indicated by Exhibit "C" ("Landscape Maintenance Easement Area"). 1.3 Construction Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for construction purposes ("Construction Easement ") in the location indicated by Exhibit "C" ("Construction Easement Area"). 1.4 Easements - Easement Areas. The Reciprocal Access Easement, the Landscape Maintenance Easement and the Construction Easement shall and from time to time be collectively referred to as the Easements ("Easements "). The Reciprocal Access Easement Area, the Landscape Maintenance Easement Area and the Construction Easement Area shall and from time to time be collectively referred to as the Easement Areas ("Easement Areas"). 2. Pur ose of Easements - Uses of Easement Areas. The rights to use the Easement Areas granted by this Deed are limited to the following specified uses: 2.1 Reci rocal Access Easement . The Reciprocal Access Easement granted herein shall be for the purposes of ingress and egress to the Property by Grantee and its employees, customers and invitees in connection with Grantee's operation of a retail drug store and related uses on the Property pursuant to the Ground Lease. 2.2 Landsca e Maintenance Easement . The Landscape Maintenance Easement granted herein shall be for the purposes of entering portions of the Campus within the Landscape Maintenance Easement Area as necessary to maintain and replace Grantee's landscaping of the Property as part of Grantee's rights and obligations under the Ground Lease. 2.3 Construction Easement . The Construction Easement granted herein shall be for the purposes of (i) entering portions of the Campus within the Construction Easement Area as necessary to construct a wall around the Property subject to the terms and conditions of Section 2(b) of the Ground Lease and (ii) entering portions of the Campus as necessary to modify the Existing Driveway in the Reciprocal Access Easement Area so as to meet certain requirements and specifications of the City of Huntington Beach. Grantee's use of the Construction Easement Area shall be subject to reasonable restrictions as to time, noise, dust and other restrictions which may be imposed from time to time by Grantor to prevent disruption of Grantor's educational and other activities on the Campus. Not later than the date on which the Construction Easement terminates as set forth in Section 3 below, Grantee shall remove all construction equipment, materials and debris from the Construction Easement Area, and shall restore the Construction Easement Area to the condition in which it existed as of the date of this Deed. 3. Duration of Easements . The Landscape Maintenance Easement and the Construction Easement shall terminate concurrently with the expiration or earlier termination of 2 1061256.5 IRV #4816-6748-2115 v2 the Ground Lease. The Reciprocal Access Easement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of City of Huntington Beach. The Construction Easement shall terminate on the earliest to occur of (a) completion of Grantee's construction of a wall separating the Property from the Campus pursuant to Section 2(b) of the Ground Lease and Grantee's completion of any realignment and/or modification to the Existing Driveway required by the City of Huntington Beach in connection with Grantee's development and use of the Premises, (b) the Date of Rent Commencement established under Section 2.3(a) of the Ground Lease, or (c) the termination of the Ground Lease. Notwithstanding the foregoing, any or all of the Easements may be immediately terminated by Grantor in the case of a breach by Grantee of its obligations under this Deed, where such breach continues uncured for more than thirty (30) days following written notice from Grantor. 4. Restrictions and Conditions to Relocation of Reci rocal Access Easement. Grantor shall not change or alter the location of the Existing Driveway or the curb cuts between the Existing Driveway and Golden West Street without the prior written consent of Grantee and the City of Huntington Beach. If, having Grantee's prior written consent, Grantor elects to relocate or remove the Existing Driveway, Grantor shall endeavor to conduct such relocation or removal so as to minimize, to the extent reasonably practical, interruption of Grantee's use of the Reciprocal Access Easement Area. Upon any such relocation or removal, at Grantor's option, Grantor and Grantee shall execute and record documentation as necessary to either: (a) modify the location of the Reciprocal Access Easement Area as described herein, or (b) revoke the Reciprocal Access Easement and create a new easement which relates to the relocated Reciprocal Access Easement Area but which otherwise contains all of the terms and conditions set forth in this Deed. 5. No Liens. Grantee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Grantee, operation of law or otherwise, to attach to or be placed upon the Easement Areas or any other portion of the Campus, and any and all liens and encumbrances created by Grantee shall attach to Grantee's interest only. Grantor shall have the right at all times to post and keep posted on the Campus and/or the Easement Areas any notice which Grantor deems necessary for protection from such liens. Grantee covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Easement Areas and/or the Campus, or any portion thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Grantee or the Easement Areas, and, in case of any such lien attaching or notice of any lien, Grantee covenants and agrees to cause it to be immediately released and removed of record. Notwithstanding anything to the contrary set forth in this Deed, if any such lien is not released and removed or bonded over on or before the date occurring thirty (30) days after notice of such lien is delivered by Grantor to Grantee, then Grantor, at its sole option, may immediately take all action necessary to release and remove such lien, without any duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorneys' fees and costs, incurred by Grantor in connection with such lien shall immediately be due and payable by Grantee. 6. Liabili Insurance . Grantor's grant of the Easements to Grantee, and Grantee's right to use and possess the Easement Areas pursuant to this Deed, are contingent upon Grantee's 3 1061256.5 IRV #4816-6748-2115 v2 maintaining in effect at all times during the duration of the Easements liability insurance of the type and in the amounts specified in Section 16 of the Ground Lease. 7. Standard of Care. Grantee agrees to exercise due care when using the Easement Areas so as to prevent any damage or injury to the Easement Areas, the Property, or persons or property thereon. 8. Indemnification . Grantee agrees to protect, defend, indemnify, and hold Grantor harmless from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders that may at any time be asserted against Grantor by any third party as a result of (i) Grantee's failure to perform any of the covenants, provisions, or conditions contained in this Deed to be performed by Grantee, or (ii) use or occupancy of the Easement Areas by Grantee or its employees, customers and/or invitees, except as, if and to the extent caused by the act or negligence of Grantor. The provisions of this Section 8 shall survive any revocation of the Easements. 9. Taxes. If the Easement Areas and/or the Property are assessed any taxes or similar fees or charges due to Grantee's use or occupancy thereof, then Grantor shall so notify Grantee and shall provide Grantee with a copy of the invoice from the taxing authority, and Grantee shall, not later than thirty (30) days prior to the due date of said taxes, fees or charges, either (a) deliver the full amount thereof to Grantor, or (b) pay the same to the taxing authority and deliver to Grantor proof of such payment. 10. Cross-Default . Any Default by Grantee as the tenant under the Ground Lease shall also constitute a default by Grantee under this Deed. Upon such a default, Grantor shall be entitled to exercise any and all remedies available to it hereunder, at law, or in equity, including without limitation the termination right set forth at Section 3 above. 11. Miscellaneous. 11.1 Notices. All written notices required to be given pursuant to the terms hereof shall be delivered in accordance with the notice provisions set forth in Section 22 of the Ground Lease. 11.2 Attorne 's Fees. In the event any dispute between the parties hereto should result in arbitration or litigation, or if any action at law or in equity is taken to enforce or interpret the terms and conditions of this Deed, the prevailing party shall (in addition to any other relief to which that party may be entitled) be reimbursed for all reasonable costs and expenses incurred in connection with such arbitration or litigation, including, without limitation, reasonable attorneys' fees, accountants' fees and experts' fees. As used herein, the term "prevailing party" shall include any party against whom a cause of action, complaint, cross- complaint, counter-claim, cross-claim or third party complaint is voluntarily dismissed, with or without prejudice. 11.3 Entire A reement. This Deed contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral 4 1061256.5 IRV #4816-6748-2115 v2 representations or modifications concerning this Deed shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 11.4 Incor oration of Recitals and Exhibits . All of the recitals and Exhibits set forth in and/or attached to this Deed are by this reference incorporated in and made a part of this Deed as if set forth fully herein. 11.5 Construction . Grantor and Grantee acknowledge that each party and its counsel have reviewed and revised this Deed and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Deed or any amendments hereto. 11.6 Governin Law. This Deed shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 11.7 Consent to Jurisdiction and Service of Process . All judicial proceedings brought against any party hereto arising out of or relating to this Deed may be brought in any state or federal court of competent jurisdiction in the County of Orange, State of California, and by execution and delivery of this Deed each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Deed. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law. 11.8 Captions . Any captions or headings to the Sections and subsections in this Deed are solely for the convenience of the parties hereto, are not a part of this Deed, and shall not be used for the interpretation or determination of validity of this Deed or any provision hereof. 11.9 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Deed. 11.10 No Waiver. Any waiver, consent or approval by one party of any breach, default or event of default by or on the part of the other party of any provision, condition or covenant of this Deed must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Deed. Any failure or delay on the part of a party in exercising any power, right or privilege under this Deed shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 5 1061256.5 IRV #4816-6748-2115 v2 11.11 Ri hts and Remedies . No right or remedy conferred by any of the specific provisions of this Deed is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 Joint and Several Liabili . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties . Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Community College District, Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By: Name: Jim oreno , Board President Title: And approved o Form : CVS Legal Approval: By: Jack . i to .D., sq. Gen a Con el APPRO D AS TO FORM JENNI R McG , City Attorney W 6 1061256.5 IRV #4816-6748-2115 v2 11.11 Ri hts and Remedies. No right or remedy conferred by any of the specific provisions of this Deed is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 Joint and Several Liabili . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties . Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Community College District , Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By: Name: C.M. Brahmbhatt , Vice Chancellor , Title: Administrative Services CVS Legal Approval: APPROVED AS TO FORM JENNIFER Mc OR4TH, City Attorney By l Deputy CityAttonwy 313*)q 6 1061256.5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 1 / On : 45 , 2009, before me, J1) t1Gt L- 1.1e V1 4rNotary Public, personal y appeared , who proved me on the basis of satisfactory evidence to be the person) whose name is subscribed to the within instrument and acknowledged to me that he/ h /tby executed the same in his/ r/tlir authorized capacity, and that by his/h /thfr signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .PJUA L Comm sIon # 1636636 SignatureNok W Public . CGW=ft OMW Courtly MyComm. ExpirrxJM2%m STATE OF COUNTY OF On , 2009, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) 1061256.5 IRV #4816-6748-2115 v2 Signature 7 STATE OF CALIFORNIA COUNTY OF ORANGE On November , 2008, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) STATE OF ' CLI\GI ) COUNTY OF Y b11cc.li1Co ) On fiber dl , 2001 before me, Notary Public, personally appeared (-,3- r , who proved to me on the basis of satisfacto ry evidence to be the person (s) whose name is subscribed to the within instrument and acknowledged to me that he/s4 hey executed the same in his/bir authorized capacity, and that by his/hertheir signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signa e I A Dawn M. Bucci Notary Public State of Rhode Island My Commission Expires 07/24/2010 8 1061256.5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Being a portion of the Northwest Quarter of the Southwest Quarter of Section 14, Township 5 South, Range 11 West, M.D.B. & M. in the Rancho La Bolsa Chica, in the City of Huntington Beach, County of Orange, State of California, as said section is shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, being more particularly described as follows: Beginning at a found PK Nail with tag stamped "LS 5411" in the North line of said Northwest Quarter, accepted as point "GPS# 5126R1" per the "County of Orange, P.F.R.D./Geomatics - Land Information Systems Horizontal Control Data Sheet", said point bears North 89°31' 11" West a distance of 4986.78 feet to a found spike at the centerline intersection of McFadden Avenue and Edwards Street, accepted as point "GPS# 5124" per said Horizontal Control Data Sheet; thence Westerly along said North line, North 89°32'39" West 2291.33 feet to the East line of "Parcel 1" as described in the Street and Public Utility Easement Document recoded October 8, 1964 as Instrument No. 7771 in Book 7252, Page 378, Official Records, said document hereinafter referred to as "Street Easement Document"; thence Southerly along said East line, South 00°15'57" West 313.52 feet to the TRUE POINT OF BEGINNING; thence retracing a portion of said East line, North 00°15'57" East 243.42 feet to a point in the Easterly line of "Parcel 3" as described in said "Street Easement Document", said point being the beginning of a tangent 30.00 foot radius curve concave Southeasterly; thence Northeasterly along said "Parcel 3" and along the arc of said curve through a central angle of 90°11'24" a distance of 47.22 feet to a point in the South line of "Parcel 2" as described in said "Street Easement Document"; thence Easterly along said South line, South 89°32'39" East 211.00 feet; thence leaving said South line, South 00°07'05" East 143.67 feet; thence South 89°52'55" West 9 feet; thence South 00°07'05" East 45.50 feet; thence South 16°51'39" East 22.08 feet; thence South 00°15'59" West 62.39 feet; thence North 89°44'03" West 239.87 feet to the TRUE POINT OF BEGINNING. Containing 1.50 acres, more or less. 8 1061256.5 IRV #4816-6748-2115 v2 EXHIBIT "B" LEGAL DESCRIPTION OF CAMPUS AND PROPERTY PARCEL 1: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER. PARCEL 2: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, PARTLY IN THE CITY OF HUNTINGTON BEACH AND PARTLY IN THE CITY OF WESTMINSTER, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE 150.00 FOOT STRIP OF LAND DESCRIBED IN A DEED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 7, 1956, IN BOOK 3428 PAGE 382 OF OFFICIAL RECORDS OF SAID COUNTY. 9 1061256.5 IRV #4816-6748-2115 v2 EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER. PARCEL 3: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR ANY PRUPOSE WHATSOEVER. 10 1061256.5 IRV #4816-6748-2115 v2 PARCEL 4: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, PARTLY IN THE CITY OF WESTMINSTER AND PARTLY IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PERSENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND, FOR ANY PURPOSE WHATSOEVER. 11 1061256.5 IRV #4816-6748-2115 v2 0 • EXHIBIT "C" SITE PLAN OF EASEMENT AREAS DEVELOPER: 19752 MACARTRUR BLVD.SUITE 250. IRVI1f. CB 9261299/476-2700 949/476-2777-f.I PREPARED BY: ENG INEERING COMPANY PROP. PL Mv J0 a 0ma O F 16Y 1 LANDSCAPE CON$TAUQJ1Q.t,_ MAINTENANCE EASEMENT NO SCALE I t;A tM IV1 I t I € I 1 1 I 1 !!'CONSTRUCTION EASEMENT Lam; LANDSCAPE MAINTENANCE EASEMENT 0 :1 1 =ACCESS EASEMENT cvs/ 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAX)619.291.4165 TITLET EASEMENT EXHIBIT RAWN BY: KAHLENGOLDEN WEST ST.154478A& MCFADDEN AVE.JOOAB 10/31/08 78HUNTINGTON BEACH, CA REVISIONS: 1 GL N WL 'cb L G 12 1061256.5 IRV #4816-6748-2115 v2 CITY OF HUNTINGTON BEACH Interdepartmental Communication TO: SCOTT HESS, Di or of Planning TESS NGUYE , Associate Planner FROM : JENNIFER McGRATH, City Attorney DATE: January 5, 2008 SUBJECT: RLS 08-1940 ; Easement Documents for 15520 Goldenwest Street Our office has received and reviewed the easement deed submitted for approval relating to the above-referenced address. Please note the following: 1) The common street address for the property, apparently 15520 Goldenwest Street, should be added in the Recitals Section for clarity, as well as on the site plan, attached as Exhibit C. 2) The designation of the access easements needs to include that it is reciprocal - a reciprocal access easement. 3) The reciprocal access easement needs to be irrevocable and the recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. Please contact us should you have any questions. 117 JENNIFER McGRATH City Attorney /jn 08-1940/29559 CITY OF H TINGTON BEACH MATT ER ID NO.a 4 C,RE U EST F LEGAL SE ICESRVQ ennifer McGrath , City Attorneyfk41 Date:12- 1=9 Request made by:Tess Nguyen Telephone :1744 Department: Planning INSTRUCTIONS : File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City Att y Wll Please attach all pertinent documents , information , exhibits , any relevant deadlines and contact information.DEC 16 2008 TYPE OF LEGAL SERVICES REQUESTED:City of Huntington Seacta City Attorney's Office Prepare Contract / Document Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 01-08-09 Insufficient time to eet de line , please note revised due date of This request i d. Signa re D pa ment Head Date: COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Please review the attached Easement documents, which were required, pursuant to HBZSO Section 231.18(E)(4) and condition of approval No. 3.c, in conjunction with CUP 08-032 for the CVS pharmacy located at 15520 Goldenwest Street. Shaded areas for City Attorney 's Office use only. This RLS is being returned for the following reason(s): Need Department Head signature PRIOPTTY I Opinion previously rendered on (date) attached Insufficient data, please submit Attachment (s) missing Other: Assigned Attoryey: o k 1 La^ Ext.: Assignment Date: /7- Secreta ry: 'J6 0 A Alai I-1 Ext.: Due Date: Matter Description : -,A>Cv,^r ,,"a"S (/ i ci / LU %--I /- f - vp. -b3Z Advice Memo Agreement Negotiations Citizen Inquiry Civil Hearing Criminal Prosecution Document Approval Document Preparation Grievances Meeting Request Opinion Ordinance Pitchess Project Public Records Act RCA Report Resolution Workers' Comp Notes:vet Date Completed: 1 2 3 RLS Form CITY OF HUONGTON BEACH MATTER MNO. REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney Date:12-11 -08 Request made by:Tess Nguyen Telephone : 1744 Department: Planning INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City Attorney to respond. Please attach all pertinent documents , information , exhibits , any relevant deadlines and contact information. TYPE OF LEGAL SERVICES REQUESTED: Prepare Contract / Document Approve Document General Legal Assistance / Project / Legal Research RCA DEADLINE: IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 01-08-09 Insufficient time to eet de line, please note revised due date of This request i d. Date: Signa re D a ment Head COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Please review the attached Easement documents, which were required, pursuant to HBZSO Section 231.18(E)(4) and condition of approval No. 3.c, in conjunction with CUP 08-032 for the CVS pharmacy located at 15520 Goldenwest Street. Shaded areas for City Attorn ey's Office use only. This RLS is being returned for the following reason(s): El Need Department Head signature El Opinion previously rendered on (date) attached E] Insufficient data, please submit [I Attachment(s) missing El Other: Assigned Attorney : Ext.: Assignment Date: Secretary : Ext.: Due Date: Matter Description: El Advice Memo [I Agreement Negotiations [:1 Citizen Inquiry El Civil Hearing El Criminal Prosecution Document Approval [I Document Preparation [I Grievances [I Meeting Request El Opinion [I Ordinance Pitchess El Project El Public Records Act El RCA [I Report [I Resolution El Workers' Comp Notes:Level Date Completed: 1 2 3 RLS Form CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney COMMENTS (Continued): RLS Form -2- • RECORDING RE UESTED BY AND WHEN RECORDED MAIL TO: Adorno, Yoss, Alvarado & Smith 1 MacArthur Place, Suite 200 Santa Ana, California 92707 Attention: Craig D. Hardwick, Esq. • (Space above line for Recorder's use) EASEMENT DEED Assessor's Parcel Number: 142-072-01 This Easement Deed ("Deed") is made as of November 3, 2008 by COAST COMMUNITY COLLEGE DISTRICT ("Grantor") in favor of GARFIELD BEACH CVS, L.L.C. ("Grantee"). RECITALS 1 A. Grantor is the owner of cert i real property (the "Property") situated at the south-east corner of Golden West Street grfd McFadden Avenue in the City of Huntington Beach, County of Orange, State of California. /The Property is adjacent to a community college campus owned and operated by Grantor known as Golden West College ("Campus"). The legal description of the Property is set forth on Exhibit "A". The collective legal description of the Campus and the Property is set forth on Exhibit "B". B. Grantor and Grantee entered into a ground lease of the Property on February 19, 2008 ("Ground Lease"). C. Grantor desires to grant Grantee certain easement rights over portions of the Campus in connection with Grantee's use of the Property under the Ground Lease, which easement rights shall benefit Grantee. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: AGREEMENT 1. Grant of Easements. 1.1 /Access Easement. Kantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for vehicular access purposes ("Access Easement") across a portion of the Campus' western parking lot as necessary to allow vehicular access to the Property from Golden West Street by way of the existing driveway in that parking lot located closest to the Property ("Existing Driveway"). The approximate location of the 1061256.4 Access Easement is shown on the site plan attached hereto as Exhibit "C" ("Access Easement Area"). 1.2 Landsca e Maintenance Easement. Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for landscape maintenance purposes ("Landscape Maintenance Easement ") in the location indicated by Exhibit "C" ("Landscape Maintenance Easement Area"). 1.3 Construction Easement . Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive easement for construction purposes ("Construction Easement") in the location indicated by Exhibit "C" ("Construction Easement Area"). 1.4 Easements - Easement Areas. The Access Easement, the Landscape Maintenance Easement and the Construction Easement shall and from time to time be collectively referred to as the Easements ("Easements"). The Access Easement Area, the Landscape Maintenance Easement Area and the Construction Easement Area shall and from time to time be collectively referred to as the Easement Areas ("Easement Areas"). 2. Pur ose of Easements - Uses of Easement Areas. The rights to use the Easement Areas granted by this Deed are limited to the following specified uses: 2.1 /Access Easement . The/ess Easement granted herein shall be for the purposes of ingress and egress to the Property by Grantee and its employees, customers and invitees in connection with Grantee's operation of a retail drug store and related uses on the Property pursuant to the Ground Lease. 2.2 Landsca e Maintenance Easement .. The Landscape Maintenance Easement granted herein shall be for the purposes of entering portions of the Campus within the Landscape Maintenance Easement Area as necessary to maintain and replace Grantee's landscaping of the Property as part of Grantee's rights and obligations under the Ground Lease. 2.3 Construction Easement. The Construction Easement granted herein shall be for the purposes of (i) entering portions of the Campus within the Construction Easement Area as necessary to construct a wall around the Property subject to the terms and conditions of Section 2(b) of the Ground Lease and (ii) entering portions of the Campus as necessary to modify the Existing Driveway in the Access Easement Area so as to meet certain requirements and specifications of the City of Huntington Beach. Grantee's use of the Construction Easement Area shall be subject to reasonable restrictions as to time, noise, dust and other restrictions which may be imposed from time to time by Grantor to prevent disruption of Grantor's educational and other activities on the Campus. Not later than the date on which the Construction Easement terminates as set forth in Section 3 below, Grantee shall remove all construction equipment, materials and debris from the Construction Easement Area, and shall restore the Construction Easement Area to the condition in which it existed as of the date of this Deed. 3. Duration of Easements . The/Access Easement and the Construction Easement shall terminate concurrently with the expiration or earlier termination of the Ground Lease. The 2 1061256.4 Construction Easement shall terminate on the earliest to occur of (a) completion of Grantee's construction of a wall separating the Property from the Campus pursuant to Section 2(b) of the Ground Lease and Grantee's completion of any realignment and/or modification to the Existing Driveway required by the City of Huntington Beach in connection with Grantee's development and use of the Premises, (b) the Date of Rent Commencement established under Section 2.3(a) of the Ground Lease, or (c) the termination of the Ground Lease. Notwithstanding the foregoing, any or all of the Easements may be immediately terminated by Grantor in the case of a breach by Grantee of its obligations under this Deed, where such breach continues uncured for more than thirty (30) days following written notice from Grantor. 4. Restrictions and Conditions to Relocation of Access Easement . Grantor shall not change or alter the location of the Existing Driveway or the curb cuts between the Existing Driveway and Golden West Street without the prior written consent of Grantee. If, having Grantee's prior written consent, Grantor elects to relocate or remove the Existing Driveway, Grantor shall endeavor to conduct such relocation or removal so as to minimize, to the extent reasonably practical, interruption of Grantee's use of the Access Easement Area. Upon any such relocation or removal, at Grantor's option, Grantor and Grantee shall execute and record documentation as necessary to either: (a) modify the location of the Access Easement Area as described herein, or (b) revoke the Access Easement and create a new easement which relates to the relocated Access Easement Area but which otherwise contains all of the terms and conditions set forth in this Deed. 5. No Liens. Grantee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Grantee, operation of law or otherwise, to attach to or be placed upon the Easement Areas or any other portion of the Campus, and any and all liens and encumbrances created by Grantee shall attach to Grantee's interest only. Grantor shall have the right at all times to post and keep posted on the Campus and/or the Easement Areas any notice which Grantor deems necessary for protection from such liens. Grantee covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Easement Areas and/or the Campus, or any portion thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Grantee or the Easement Areas, and, in case of any such lien attaching or notice of any lien, Grantee covenants and agrees to cause it to be immediately released and removed of record. Notwithstanding anything to the contrary set forth in this Deed, if any such lien is not released and removed or bonded over on or before the date occurring thirty (30) days after notice of such lien is delivered by Grantor to Grantee, then Grantor, at its sole option, may immediately take all action necessary to release and remove such lien, without any duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorneys' fees and costs, incurred by Grantor in connection with such lien shall immediately be due and payable by Grantee. 6. Liabili Insurance . Grantor's grant of the Easements to Grantee, and Grantee's right to use and possess the Easement Areas pursuant to this Deed, are contingent upon Grantee's maintaining in effect at all times during the duration of the Easements liability insurance of the type and in the amounts specified in Section 16 of the Ground Lease. 3 1061256.4 0 7. Standard of Care. Grantee agrees to exercise due care when using the Easement Areas so as to prevent any damage or injury to the Easement Areas, the Property, or persons or property thereon. 8. Indemnification . Grantee agrees to protect, defend, indemnify, and hold Grantor harmless from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders that may at any time be asserted against Grantor by any third party as a result of (i) Grantee's failure to perform any of the covenants, provisions, or conditions contained in this Deed to be performed by Grantee, or (ii) use or occupancy of the Easement Areas by Grantee or its employees, customers and/or invitees, except as, if and to the extent caused by the act or negligence of Grantor. The provisions of this Section 8 shall survive any revocation of the Easements. 9. Taxes. If the Easement Areas and/or the Property are assessed any taxes or similar fees or charges due to Grantee's use or occupancy thereof, then Grantor shall so notify Grantee and shall provide Grantee with a copy of the invoice from the taxing authority, and Grantee shall, not later than thirty (30) days prior to the due date of said taxes, fees or charges, either (a) deliver the full amount thereof to Grantor, or (b) pay the same to the taxing authority and deliver to Grantor proof of such payment. 10. Cross-Default. Any Default by Grantee as the tenant under the Ground Lease shall also constitute a default by Grantee under this Deed. Upon such a default, Grantor shall be entitled to exercise any and all remedies available to it hereunder, at law, or in equity, including without limitation the termination right set forth at Section 3 above. 11. Miscellaneous. 11.1 Notices. All written notices required to be given pursuant to the terms hereof shall be delivered in accordance with the notice provisions set forth in Section 22 of the Ground Lease. 11.2 Attorne 's Fees. In the event any dispute between the parties hereto should result in arbitration or litigation, or if any action at law or in equity is taken to enforce or interpret the terms and conditions of this Deed, the prevailing party shall (in addition to any other relief to which that party may be entitled) be reimbursed for all reasonable costs and expenses incurred in connection with such arbitration or litigation, including, without limitation, reasonable attorneys' fees, accountants' fees and experts' fees. As used herein, the term "prevailing party" shall include any party against whom a cause of action, complaint, cross- complaint, counter-claim, cross-claim or third party complaint is voluntarily dismissed, with or without prejudice. 11.3 Entire A reement. This Deed contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Deed shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 4 1061256.4 11.4 Incor oration of Recitals and Exhibits . All of the recitals and Exhibits set forth in and/or attached to this Deed are by this reference incorporated in and made a part of this Deed as if set forth fully herein. 11.5 Construction . Grantor and Grantee acknowledge that each party and its counsel have reviewed and revised this Deed and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Deed or any amendments hereto. 11.6 Governin Law. This Deed shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 11.7 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any party hereto arising out of or relating to this Deed may be brought in any state or federal court of competent jurisdiction in the County of Orange, State of California, and by execution and delivery of this Deed each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Deed. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law. 11.8 Captions . Any captions or headings to the Sections and subsections in this Deed are solely for the convenience of the parties hereto, are not a part of this Deed, and shall not be used for the interpretation or determination of validity of this Deed or any provision hereof. 11.9 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Deed. 11.10 No Waiver. Any waiver, consent or approval by one party of any breach, default or event of default by or on the part of the other party of any provision, condition or covenant of this Deed must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Deed. Any failure or delay on the part of a party in exercising any power, right or privilege under this Deed shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 11.11 Ri hts and Remedies . No right or remedy conferred by any of the specific provisions of this Deed is intended to be exclusive of any other right or remedy given 5 1061256.4 hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 oint and Several Liabilit . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties . Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Community College District, Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By. Name: C.M. Br hmbhatt, Vice Chancellor , Title: Administrative Services NOV G 2008 And approved as to Form: Adorno, Yoss, Alvarado & Smith, Legal Counsel By: Craig D. Hardwick CVS Legal Approval: 6 1061256.4 hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 Joint and Several Liabili . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties. Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Communi ty College District, Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By: Name: L C.M. Brahmbhatt, Vice Chancellor, Title: Administrative Services And approved as to Form: Adorno, Yoss, Alvarado & Smith, Legal Counsel By: Craig D. Hardwick CVS Legal Approval: K.L.Donabedian 6 1061256.4 hereunder or hereafter existing at law or in equity. A party's exercise of any one or more rights or a party's election of any one or more remedies shall not constitute a waiver of that party's right to exercise other available rights or pursue other available remedies. 11.12 Joint and Several Liabili . To the extent that Grantee constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several. 11.13 Relationshi of Parties. Nothing contained in this Deed or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of grantor and grantee. By signing this Deed below, Grantor hereby grants the Easements to Grantee, and Grantee hereby accepts the Easements, subject to all of the terms and conditions contained herein, as of the date first set forth above. "GRANTOR" "GRANTEE" Coast Communi ty College District , Garfield Beach CVS, L.L.C., a political subdivision of the State of a California limited liability company California By: By: Name: C.M. Brahmbhatt, Vice Chancellor, Title: Administrative Services And approved as to Form: Adorno, Yoss, Alvarado & Smith, Legal Counsel By: Craig D. ardwick I CVS Legal Approval: 6 1061256.4 STATE OF CALIFORNIA COUNTY OF ORANGE On November (, 2008, before me, t t41 - Notary Public, personally appeared C.M. Brahmbhatt, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/s,be/tE y ecuted the same in his/l3Pdtbeif uthorized capacity, and that by hisljet '/thei{ signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WILLIAM F. KERWIN Commission # 1526010 Notary Public - California Orange County (sea '' My Comm. Expires Nov 12, 2008 STATE OF CALIFORNIA COUNTY OF ORANGE Signature On November _, 2008, before me, , Notary Public, personally appeared Craig D. Hardwick, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) 1061256.4 Signature 7 STATE OF CALIFORNIA COUNTY OF ORANGE On November f2008, before me, nn11-l L.P_ot(,k, , Notary Public, personally appeared .Awl- f . "who proved to me on the basis of satisfactory evidence to be person whose name is subscribed to the within instrument and acknowledged to me that he/sl /tlyey executed the same in his/Vr/tb it authorized capacity, and that by his/h/r/tVir signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. STATE OF COUNTY OF JENNIFER L. REUCH COMM881ON R 1712951 Nme, Pak-cob ft .• My Comm E *k" Oct.13.20tt ORANGE COUNTY Signatu On November 2008, before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) 1061256.4 Signature 8 STATE OF CALIFORNIA COUNTY OF ORANGE On November _, 2008, before me, , Notary Public, personally appeared C.M. Brahmbhatt, who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) STATE OF CALIFORNIA COUNTY OF ORANGE On November V 4, 2008, before me, V . Signature i a1oii - f , Notary Public, personally appeared Craig D. Hardwick, who proved to me on the basis satisfactory evidence to be the person(i) whose name is subscribed to the within instrument and acknowledged to me that he/sJi'e/th, executed the same in his/Vr/th,Ar authorized capacity, and that by his/ ler/ r signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) V. DIMALANTA•SEGAL Comm.# 1564056V-Signature /VNOTAA1i CW%RNIA My Caen Ei s Much 15.1009 7 1061256.4 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Being a portion of the Northwest Quarter of the Southwest Quarter of Section 14, Township 5 South, Range 11 West, M.D.B. & M. in the Rancho La Bolsa Chica, in the City of Huntington Beach, County of Orange, State of California, as said section is shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, being more particularly described as follows: Beginning at a found PK Nail with tag stamped "LS 5411" in the North line of said Northwest Quarter, accepted as point "GPS# 5126R1" per the "County of Orange, P.F.R.D./Geomatics - Land Information Systems Horizontal Control Data Sheet", said point bears North 89131'1 1 " West a distance of 4986.78 feet to a found spike at the centerline intersection of McFadden Avenue and Edwards Street, accepted as point "GPS# 5124" per said Horizontal Control Data Sheet; thence Westerly along said North line, North 89°32'39" West 2291.33 feet to the East line of "Parcel 1" as described in the Street and Public Utility Easement Document recoded October 8, 1964 as Instrument No. 7771 in Book 7252, Page 378, Official Records, said document hereinafter referred to as "Street Easement Document"; thence Southerly along said East line, South 00°15'57" West 313.52 feet to the TRUE POINT OF BEGINNING; thence retracing a portion of said East line, North 00°15'57" East 243.42 feet to a point in the Easterly line of "Parcel 3" as described in said "Street Easement Document", said point being the beginning of a tangent 30.00 foot radius curve concave Southeasterly; thence Northeasterly along said "Parcel 3" and along the are of said curve through a central angle of 90°11'24" a distance of 47.22 feet to a point in the South line of "Parcel 2" as described in said "Street Easement Document"; thence Easterly along said South line, South 89°32'39" East 211.00 feet; thence leaving said South line, South 00°07'05 East 143.67 feet; thence South 89°52'55" West 9 feet; thence South 00°07'05" East 45.50 feet; thence South 16°51'39" East 22.08 feet; thence South 00°15'59" West 62.39 feet; thence North 89°44'03" West 239.87 feet to the TRUE POINT OF BEGINNING. Containing 1.50 acres, more or less. 9 1061256.4 EXHIBIT "B" LEGAL DESCRIPTION OF CAMPUS AND PROPERTY PARCEL 1: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER. PARCEL 2: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, PARTLY IN THE CITY OF HUNTINGTON BEACH AND PARTLY IN THE CITY OF WESTMINSTER, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE 150.00 FOOT STRIP OF LAND DESCRIBED IN A DEED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED MARCH 7, 1956, IN BOOK 3428 PAGE 382 OF OFFICIAL RECORDS OF SAID COUNTY. 10 1061256.4 EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER. PARCEL 3: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE I I WEST, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR ANY PRUPOSE WHATSOEVER. 11 1061256.4 PARCEL 4: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA, PARTLY IN THE CITY OF WESTMINSTER AND PARTLY IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ONE-HALF OF ALL MINERALS, OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PERSENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING, FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, AND OTHER HYDROCARBON SUBSTANCES AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND, FOR ANY PURPOSE WHATSOEVER. 12 1061256.4 • EXHIBIT "C" m EX. l/W-_ CONSTRUCTION EASEMENT 0. LANDSCAPE MAINTENANCE EASEMENT PROPOSED CVS PHARMACY 0 h N - LANDSCAPE- CONVSTRUQTION- MAINTENANCE EASEMENT NO SCALENT I tI I ia I{ EASEM1W4LthT.Ck4LJ4IIL _s tl LANDSCAPE MAINTENANCE EASEMENT SITE PLAN OF EASEMENT AREAS • MCFADDEN AVENUE I I 6M ACCESS EASEMENT DEVELOPER: 1975! YACARTMIR BLVD SW E M. RVDE.CA 17[6/211L4i6-21DDN7/4n-n72IA5 PREPARED BY. ENOBIEERINO OMPANY 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAX)619.291.4165 GOLDEN WEST ST. & MCFADDEN AVE. HUNTINGTON BEACH, CA TITLE: EASEMENT EXHIBIT RAWN BY,KAHIEN GATE: 10/31/08 JOB MIMBER: 15478A REVISIONS: 13 1061256.4 • - L ?a:2 )Pllo 9,-2) Fo/L 1xJrRbj LLCi7a) Council/Agency Meeting Held: S1 Deferred/Continued to: Approved D Co ditionallyApproved Denied .SR• Ci I r s Sig ure 774t Council Meeting Date: 12/15/2008 Department ID Number: PL 08-15 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBER OF CITY COUNCIL SUBMITTED BY: FRED WILSON, CITY ADMINIST PREPARED BY: SCOTT HESS, DIRECTOR OF PLA IN SUBJECT: APPROVE GENERAL PLAN AMENDMENT NO. 08-006 AND ZONING MAP AMENDMENT NO. 08-006 (CVS PHARMACY) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by Austin Rogers, Curt Pringle & Associates, to amend the General Plan Land Use Map on a 1.5 acre parcel from the current P(RL) (Public-Residential Low Density) designation to the proposed CG-F1 (Commercial General- 0.35 Floor Area Ratio) designation. The request also includes an amendment to the Zoning Map from the current PS (Public-Semipublic) designation to the proposed CG (Commercial General) designation. The subject site is located at the southeast corner of Goldenwest Street and McFadden Avenue on the Golden West College campus. The Planning Commission approved the amendments and is recommending approval along with staff (Recommended Action) because the Commercial General land use designations allow commercial developments that can be integrated and sensitive to the surrounding land uses. The proposed commercial General Plan and Zoning Map designations will allow for development of a 14,670 sq. ft., drive-thru pharmacy and associated site improvements which were conditionally approved by the Planning Commission on November 12, 2008. Staff recommended approval of the request to the Planning Commission and is recommending the City Council approve the General Plan and Zoning Map amendments. Fundin Source: Not applicable. a i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/1512008 DEPARTMENT ID NUMBER: PL 08-15 Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION Motion to: "Approve General Plan Amendment No. 08-006 by approving Resolution No2008-83 A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 08-006 (ATTACHMENT NO. 1)." "Approve Zoning Map Amendment No. 08-006 with findings for approval (ATTACHMENT NO. 2) and adopt Ordinance No-3822 , An Ordinance of the City of Huntington Beach Amending District Map 15 (Sectional District Map 14-5-11) to Rezone the Real Property Generally Located at the Southeast Corner of Goldenwest Street and McFadden Avenue from PS (Public-Semipublic) to CG (Commercial General) (Zoning Map Amendment No. 08- 006) (ATTACHMENT NO. 3)." Planning Commission Action on November 12, 2008: THE MOTION MADE BY SCANDURA, SECONDED BY SPEAKER, TO RECOMMEND APPROVAL OF GENERAL PLAN AMENDMENT NO. 08-006 AND ZONING MAP AMENDMENT NO. 08-006 AND FORWARD TO THE CITY COUNCIL, WITH FINDINGS FOR APPROVAL CARRIED BY THE FOLLOWING VOTE: AYES: DWYER, LIVENGOOD, SCANDURA, SPEAKER NOES: FARLEY, SHIER-BURNETT, SHAW ABSENT: NONE ABSTAIN: NONE MOTIONS PASSED Alternative Action s : The City Council may make the following alternative motion(s): 1. "Deny General Plan Amendment No. 08-006 and Zoning Map Amendment No. 08-006 with findings." 2. "Continue General Plan Amendment No. 08-006 and Zoning Map Amendment No. 08-006 and direct staff accordingly." -2- 121112008 4:30 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 Analysis: A. PROJECT PROPOSAL: Applicant: Austin Rogers, Curt Pringle & Associates, 2400 E. Katella Avenue, Suite 350, Anaheim CA 92806 Pro ert Owner: Coast Community College District, 1370 Adams Avenue, Costa Mesa CA 92626 Location: 15520 Goldenwest Street, 92647 (southeast corner of Goldenwest Street and McFadden Avenue) General Plan Amendment No. 08-006 represents a request by the applicant to amend the City's General Plan Land Use Map by changing the existing land use category on the 1.5 acre subject property from the current P(RL) (Public-Residential Low Density) to the proposed CG-F1 (Commercial General-0.35 Floor Area Ratio) designation. Zonin Ma Amendment No. 08-006 represents a request by the applicant to amend the City's Zoning Map by changing the zoning designation on the subject property from PS (Public-Semipublic) to CG (Commercial General) pursuant to Chapter 247 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). B. BACKGROUND: Associated with the General Plan Amendment (GPA) and Zoning Map Amendment (ZMA) are the following entitlements for the CVS Pharmacy which were approved by the Planning Commission and not appealed to the City Council. Mitigated Negative Declaration (MND)-to analyze the potential environmental impacts associated with implementation of the proposed project. Conditional Use Permit (CUP)-to construct a drive-thru pharmacy with associated site improvements. Variance (VAR).-to permit a 10-space parking reduction from 74 to 64 parking spaces. Tentative Parcel Map (TPM) -to subdivide a 1.5 acre parcel from a portion of the Golden West College site. The proposed CVS Pharmacy project includes a 14,670 square foot, drive-thru pharmacy with 64 parking spaces and associated site improvements. The floor plan includes 11,967 square feet of retail area with a 933 square foot receiving area and a 1,770 square foot storage mezzanine. The approximate height of the proposed one-story building is 39 feet. The CVS Pharmacy will be open 24 hours a day, seven days a week and the drive-thru hours will be limited to between 6 AM to 10 PM. Vehicular access to the site is proposed via a two- way driveway along Goldenwest Street and a two-way driveway along McFadden Avenue. -3- 1211/2008 4:30 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 The project site is currently vacant with seasonal use as a pumpkin patch and a Christmas tree lot. Only legislative matters are subject to City Council review if no appeals to the quasi-judicial matters (CUP, VAR, TPM, etc.) are made. A lication Process and Timelines APPLICATIONS DATE OF APPLICATION SUBMITTAL DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE S General Plan July 3, 2008 Sept. 15, 2008 Not Applicable Amendment Zoning Map July 3, 2008 Sept. 15, 2008 Not Applicable Amendment C. PLANNING COMMISSION MEETING: On November 12, 2008, the Planning Commission held a public hearing on the Mitigated Negative Declaration, proposed land use amendments, the request to develop a 14,670 sq. ft. drive-thru pharmacy and associated site improvements, the request for a 10-space parking reduction, and the request to subdivide a 1.5 acre parcel from a portion of the Golden West College. Comments at the hearing were received from 7 individuals; 4 spoke in support of the project, and 3 spoke in opposition. Speakers in support of the project discussed the positive benefits of the development, including the retention of existing mature trees onsite, the replacement of existing trees at the rate of three new trees for every tree that is removed, long term investment from CVS Pharmacy to serve the community, and potential community benefit of the revenues generated from the land lease to fund educational programs at Golden West College. Speakers in opposition of the project discussed a number of concerns with the proposed development, including traffic safety and congestion at the intersection of Goldenwest Street and McFadden Avenue, traffic flow on McFadden Avenue, the community tradition of the pumpkin patch for local schools, potential noise from the 24-hour operation of the drive-thru pharmacy, and the use of the land for educational purposes only. The Planning Commission discussed the following issues in approving the proposed pharmacy: traffic safety and congestion at the intersection of Goldenwest Street and McFadden Avenue deed restrictions on the use of the land relocation of the pumpkin patch/Christmas tree lot onsite stacking at the drive-thru -4- 12/1!2008 5:18 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12115/2008 DEPARTMENT ID NUMBER: PL 08-15 hours of operation of the drive-thru potential safety issue at the shared driveway south of the project site potential pass-through traffic from Golden West College parking lot through the project site to access McFadden Avenue use of land for public use instead of commercial purposes the best and/or highest use of land at the project site use of the land as a pumpkin patch to serve the community potential of the proposed pharmacy to prevent sales tax leakage The Planning Commission approved the proposed project with modified conditions of approval including a requirement to install on-site stop signs in the drive aisles adjacent to Goldenwest Street for better control of on-site circulation between the proposed CVS Pharmacy site and the adjacent Goldenwest College parking area, and to limit the operational hours of the drive-thru pharmacy to between 6:00 AM to 10:00 PM, seven days a week. No appeals to the Mitigated Negative Declaration, Conditional Use Permit, Variance, and Tentative Parcel Map were filed. D. STAFF ANALYSIS AND RECOMMENDATION The primary factors to consider when analyzing the proposed changes to General Plan Land Use and Zoning designations are compatibility with the surrounding land uses, consistency with the goals and objectives of the General Plan, appropriateness of the site for commercial development, and consistency with the existing land use and zoning pattern. The following is a detailed discussion of these issues. General Plan Amendment: The existing General Plan Land Use designation for the site is Public (P) with an underlying Residential Low Density (RL) designation, which permits a range of governmental administrative and related facilities, such as public utilities, schools, public parking lots, infrastructure, religious and similar uses. The underlying designation is a remnant designation of all Public (P) designated properties within the City and was considered in 1996 during the discussions by the General Plan Advisory Committee and their land use recommendations. The General Plan has no discussion or corresponding policies that encourages such underlying designation to be considered or applied during the amendment process. The proposed General Plan Land Use designation is Commercial General (CG), which allows for a range of commercial activities such as retail commercial, professional offices, eating and drinking establishments, household goods, food sales, drugstores, building materials and supplies, personal services, recreational commercial, overnight accommodations, cultural facilities, government offices, educational, health, institutional and similar uses. Staff proposes a maximum allowable floor area ratio of 0.35. -5- 1211/2008 4:30 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/1512008 DEPARTMENT ID NUMBER: PL 08-15 The amendment of the land uses designation is consistent with the activities in the vicinity of the project site. The subject site is surrounded by neighborhood serving commercial uses to the north across McFadden Avenue, residential uses to the west across Goldenwest Street, and educational uses to the south and east. The uses permitted under the current and proposed land use designations and zoning are not very different in terms of traffic generation, noise, utilities or service systems demands. In addition, the area south of the project site (Goldenwest College parking lot at the corner of Goldenwest Street and Edinger Avenue) already has commercial activities (i.e. weekend swap meets). Therefore, the proposed land use designation would permit uses that are compatible with existing uses north and south of the project site. In addition, the proposed use of the site as a pharmacy would serve existing residences to the west as well as the Goldenwest College campus east of the project site. A medical clinic is located across the street (Westminster)' and the proposed CVS Pharmacy would provide easy access to prescriptions for patients. The proposed project would be consistent with the goals and objectives of the Land Use and Economic Development Elements of the General Plan in developing a range of commercial uses that are oriented to the needs of local residents, serving the surrounding region, providing economic opportunities for present and future Huntington Beach residents and businesses, and enhancing the City's market potential. This is also consistent with the City's existing land use pattern by providing commercially zoned and General Plan designated properties at arterial intersections. The City's land use policies generally encourage projects that provide a mix of uses, are compatible and harmonious with surrounding development, and enhance the image and quality of life and the environment. The proposed project would not conflict with the identified policies and objectives contained in the General Plan. Staff recommends approval of the General Plan Land Use designation amendment request to General Commercial. Zonin Ma Amendment: The existing Zoning designation for the subject site is Public-Semipublic (PS). This designation permits large public and semipublic uses such as but not limited to: Cemeteries, Government Offices, Hospitals, Maintenance and Se rvice Facilities, Religious Assembly, Schools (private or public), Utilities (minor and major), Eating and Drinking Establishments, Vehicle/Equipment Sales and Se rvices, etc. Development standards permit: minimum parcel size of 2 acres, minimum lot width of 100 feet, maximum building height of 50 feet, maximum floor area ratio of 1.5, and minimum of 8% landscaping. Additional requirements are identified in Chapter 214, Public-Semipublic Districts (ATTACHMENT NO. 8). The proposed Zoning designation for the subject site is Commercial General (CG). This designation permits a full range of retail and service businesses such as but not limited to: Group Residential, Community and Human Services, Convalescent Facilities, Day Care, Heliports, Hospitals, Religious Assembly, Schools (private or public), Utilities (minor or major), Animal Sales and Se rvices , Building Materials and Services, Commercial Recreation and Entertainment, Eating and Drinking Establishments, Maintenance and Repair Services, -6- 12/2/20081:06 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 Offices, Retail Sales , Vehicle Equipment Repair, Visitor Accommodations, etc. Development standards permit: minimum lot size of 10,000 sq. ft., minimum lot width 100 feet, maximum building height of 50 feet, maximum floor area ratio of 1.5, and minimum of 8% landscaping. Additional requirements are identified in Chapter 211, Commercial Districts (ATTACHMENT NO. 9). The amendment of the Zoning designation for the subject site from Public-Semipublic to Commercial General implements the proposed General Plan Land Use Map designation of Commercial General. The subject site is bounded by single family residential (RL) across Goldenwest Street to the west, commercial uses to the north (City of Westminster), institutional uses (Golden West College) to the east and south, and a major arterial street (Goldenwest Street) to the immediate west. The proposed zoning of commercial on a site that has arterial street frontage is a basic planning principle in the analysis of the proper land use and zoning designation for commercial uses. The City has adopted a number of land use policies to protect residential neighborhoods and allow the future development of commercial uses that stabilize the fiscal viability of the City. The commercial designation is the appropriate zoning for the site generally because of its size, location, and separation from residential uses. The 1.5 acre project site meets the minimum lot size for commercial development and is located at the intersection of two arterials, which provide efficient access to the site. Because this type of land use and zoning pattern is found throughout the City, designating the project site for commercial development is consistent with the existing land use pattern. The General Commercial zoning regulations require new construction to be subject to a conditional use permit with a public hearing. The conditional use permit review and analysis requires the future development to mitigate to the greatest extent possible any impacts to the adjacent residential uses and also allow for market driven development. These issues were analyzed and considered as part of the public hearing process for the Conditional Use Permit before the Planning Commission on November 12, 2008. Staff recommends approval of the zoning map amendment request to General Commercial. E. SUMMARY: The proposed amendments further General Plan goals and objectives to develop a range of commercial uses that are oriented to the needs of local residents, serve the surrounding region, provide economic opportunities for present and future Huntington Beach residents and businesses , and enhance the City's market potential. In addition, the amendments are consistent with the City's existing land use pattern by providing commercially zoned and General Plan designated properties at arterial intersections. The City's land use policies generally encourage projects that provide a mix of uses , are compatible and harmonious with surrounding development, and enhance the image and quality of life and the environment. -7- 1212120081:05 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER : PL 08-15 Staff recommends that the City Council approve the General Plan Amendment and Zoning Map Amendment based on the suggested findings of approval as recommended by the Planning Commission and staff. Strate is Plan Goal: Strategic Plan Goal: Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. The proposed amendments will be consistent with good zoning practice and implement the goals and objectives of the General Plan. The amendments to land use designations allow the future development of commercial uses that stabilize the fiscal viability of the City by serving the needs of local residents and the surrounding region and providing economic opportunities for the City. In addition, the amendments are consistent with land use policies that protect residential neighborhoods while permitting market driven developments. Environmental Status: The project's potential environmental impacts, including those related to General Plan Amendment No. 08-006 and Zoning Text Amendment No. 08-006, are analyzed and discussed in Mitigated Negative Declaration (MND) No. 07-007 (ATTACHMENT NO. 7). The MND determined that no significant impacts are anticipated as a result of the proposed project that could not be mitigated to a level of less-than-significant with proper design and mitigation measures. The MND was prepared with mitigation measures pursuant to the provisions of the California Environment Quality Act (CEQA) and approved by the Planning Commission on November 12, 2008. This MND was not appealed. MND No. 07-007 determined that no significant impacts are anticipated in all issue areas except for aesthetics, biological resources, and traffic/transportation. Potentially significant impacts include the removal of six and relocation of seven mature trees (aesthetics and biological resources) and inadequate parking capacity (traffic/transportation). These potentially significant impacts could be mitigated to a level of less-than-significant by incorporating appropriate mitigation measures. Attachment s : 2008-1. City Council Resolution No. , Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 08-006 2. Suggested Findings for Approval-Zoning Map Amendment No. 008-006 -8- 12/1/2008 4:30 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12115/2008 DEPARTMENT ID NUMBER: PL 08-15 .S. . 3. Ordinance No.382?An Ordinance of the City of Huntington Beach Amending District Map 15 (Sectional District Map 14-5- 11) to Rezone the Real Property Generally Located at the Southeast Corner of Goldenwest Street and McFadden Avenue from PS (Public-Semipublic) to CG (Commercial General) Zonin Ma Amendment No. 08-006 4. Planning Commission MNU, GPA, LMA, CUP, VAR, and TPM Staff Re ort dated November 12, 2008 5. Site Plan, Floor Plans, Elevations, and Tentative Parcel Map dated October 2, 2008 6. Pro'ect Narrative dated Au ust 19, 2008 7. Miti ated Ne ative Declaration No. 07-07 8. HBZSO Cha ter 214-Public-Semi ublic Districts 9. HBZSO Cha ter 211-Commercial Districts 10. PowerPoint Presentation Slides -9- 1212120081:05 PM Council/Agency Meeting Held: Deferred/Continued to: Approved Conditionally Approved Denied City Clerk's Signature Council Meeting Date: 12/15/2008 Department ID Number: PL 08-15 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBER F CITY COUNCIL SUBMITTED BY: FRED WILSON, CITY ADMINIST PREPARED BY: SCOTT HESS, DIRECTOR OF PLA IN SUBJECT: APPROVE GENERAL PLAN AMENDMENT NO. 08-006 AND ZONING MAP AMENDMENT NO. 08-006 (CVS PHARMACY) Statement of Issue, Funding Source, Recommended Action , Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by Austin Rogers, Curt Pringle & Associates, to amend the General Plan Land Use Map on a 1.5 acre parcel from the current P(RL) (Public-Residential Low Density) designation to the proposed CG-F1 (Commercial General- 0.35 Floor Area Ratio) designation. The request also includes an amendment to the Zoning Map from the current PS (Public-Semipublic) designation to the proposed CG (Commercial General) designation. The subject site is located at the southeast corner of Goldenwest Street and McFadden Avenue on the Golden West College campus. The Planning Commission approved the amendments and is recommending approval along with staff (Recommended Action) because the Commercial General land use designations allow commercial developments that can be integrated and sensitive to the surrounding land uses. The proposed commercial General Plan and Zoning Map designations will allow for development of a 14,670 sq. ft., drive-thru pharmacy and associated site improvements which were conditionally approved by the Planning Commission on November 12, 2008. Staff recommended approval of the request to the Planning Commission and is recommending the City Council approve the General Plan and Zoning Map amendments. Fundin Source: Not applicable. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1211512008 DEPARTMENT ID NUMBER: PL 08-15 Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION Motion to: "Approve General Plan Amendment No. 08-006 by approving Resolution No2008-83 A Resolution of the City Council of -the City of Huntington Beach Approving General Plan Amendment No. 08-006 (ATTACHMENT NO. 1)." "Approve Zoning Map Amendment No. 08-006 with findings for approval (ATTACHMENT NO. 2) and adopt Ordinance No.3822 , An Ordinance of the City of Huntington Beach Amending District Map 15 (Sectional District Map 14-5-11) to Rezone the Real Property Generally Located at the Southeast Corner of Goldenwest Street and McFadden Avenue from PS (Public-Semipublic) to CG (Commercial General) (Zoning Map Amendment No. 08- 006) (ATTACHMENT NO. 3)." Planning Commission Action on November 12, 2008: THE MOTION MADE BY SCANDURA, SECONDED BY SPEAKER, TO RECOMMEND APPROVAL OF GENERAL PLAN AMENDMENT NO. 08-006 AND ZONING MAP AMENDMENT NO. 08-006 AND FORWARD TO THE CITY COUNCIL, WITH FINDINGS FOR APPROVAL CARRIED BY THE FOLLOWING VOTE: AYES: DWYER, LIVENGOOD, SCANDURA, SPEAKER NOES: FARLEY, SHIER-BURNETT, SHAW ABSENT: NONE ABSTAIN: NONE MOTIONS PASSED Alternative Action s : The City Council may make the following alternative motion(s): 1. "Deny General Plan Amendment No. 08-006 and Zoning Map Amendment No. 08-006 with findings." 2. "Continue General Plan Amendment No. 08-006 and Zoning Map Amendment No. 08-006 and direct staff accordingly." -2- 12/1/2008 4:30 PM 0 • REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 Analysis: A. PROJECT PROPOSAL: Applicant: Austin Rogers, Curt Pringle & Associates, 2400 E. Katella Avenue, Suite 350, Anaheim CA 92806 Pro ert Owner: Coast Community College District, 1370 Adams Avenue, Costa Mesa CA 92626 Location: 15520 Goldenwest Street, 92647 (southeast corner of Goldenwest Street and McFadden Avenue) General Plan Amendment No. 08-006 represents a request by the applicant to amend the City's General Plan Land Use Map by changing the existing land use category on the 1.5 acre subject property from the current P(RL) (Public-Residential Low Density) to the proposed CG-F1 (Commercial General-0.35 Floor Area Ratio) designation. Zonin Ma Amendment No. 08-006 represents a request by the applicant to amend the City's Zoning Map by changing the zoning designation on the subject property from PS (Public-Semipublic) to CG (Commercial General) pursuant to Chapter 247 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). B. BACKGROUND: Associated with the General Plan Amendment (GPA) and Zoning Map Amendment (ZMA) are the following entitlements for the CVS Pharmacy which were approved by the Planning Commission and not appealed to the City Council. Mitigated Negative Declaration (MND)-to analyze the potential environmental impacts associated with implementation of the proposed project. Conditional Use Permit (CUP)-to construct a drive-thru pharmacy with associated site improvements. Variance (VAR)-to permit a 10-space parking reduction from 74 to 64 parking spaces. Tentative Parcel Map (TPM)-to subdivide a 1.5 acre parcel from a portion of the Golden West College site. The proposed CVS Pharmacy project includes a 14,670 square foot, drive-thru pharmacy with 64 parking spaces and associated site improvements. The floor plan includes 11,967 square feet of retail area with a 933 square foot receiving area and a 1,770 square foot storage mezzanine. The approximate height of the proposed one-story building is 39 feet. The CVS Pharmacy will be open 24 hours a day, seven days a week and the drive-thru hours will be limited to between 6 AM to 10 PM. Vehicular access to the site is proposed via a two- way driveway along Goldenwest Street and a two-way driveway along McFadden Avenue. -3- 12/1/2008 4:30 PM •s REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12115/2008 DEPARTMENT ID NUMBER : PL 08-15 The project site is currently vacant with seasonal use as a pumpkin patch and a Christmas tree lot. Only legislative matters are subject to City Council review if no appeals to the quasi-judicial matters (CUP, VAR, TPM, etc.) are made. A lication Process and Timelines APPLICATIONS DATE OF APPLICATION SUBMITTAL DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE S General Plan July 3, 2008 Sept. 15, 2008 Not Applicable Amendment Zoning Map July 3, 2008 Sept. 15, 2008 Not Applicable Amendment C. PLANNING COMMISSION MEETING: On November 12, 2008, the Planning Commission held a public hearing on the Mitigated Negative Declaration, proposed land use amendments, the request to develop a 14,670 sq. ft. drive-thru pharmacy and associated site improvements, the request for a 10-space parking reduction, and the request to subdivide a 1.5 acre parcel from a portion of the Golden West College. Comments at the hearing were received from 7 individuals; 4 spoke in support of the project, and 3 spoke in opposition. Speakers in support of the project discussed the positive benefits of the development, including the retention of existing mature trees onsite, the replacement of existing trees at the rate of three new trees for every tree that is removed, long term investment from CVS Pharmacy to serve the community, and potential community benefit of the revenues generated from the land lease to fund educational programs at Golden West College. Speakers in opposition of the project discussed a number of concerns with the proposed development, including traffic safety and congestion at the intersection of Goldenwest Street and McFadden Avenue, traffic flow on McFadden Avenue, the community tradition of the pumpkin patch for local schools, potential noise from the 24-hour operation of the drive-thru pharmacy, and the use of the land for educational purposes only. The Planning Commission discussed the following issues in approving the proposed pharmacy: traffic safety and congestion at the intersection of Goldenwest Street and McFadden Avenue deed restrictions on the use of the land relocation of the pumpkin patch/Christmas tree lot onsite stacking at the drive-thru -4- 12/1/2008 5:18 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER : PL 08-15 hours of operation of the drive-thru potential safety issue at the shared driveway south of the project site potential pass-through traffic from Golden West College parking lot through the project site to access McFadden Avenue use of land for public use instead of commercial purposes the best and/or highest use of land at the project site use of the land as a pumpkin patch to serve the community potential of the proposed pharmacy to prevent sales tax leakage The Planning Commission approved the proposed project with modified conditions of approval including a requirement to install on-site stop signs in the drive aisles adjacent to Goldenwest Street for better control of on-site circulation between the proposed CVS Pharmacy site and the adjacent Goldenwest College parking area, and to limit the operational hours of the drive-thru pharmacy to between 6:00 AM to 10:00 PM, seven days a week. No appeals to the Mitigated Negative Declaration, Conditional Use Permit, Variance, and Tentative Parcel Map were filed. D. STAFF ANALYSIS AND RECOMMENDATION The primary factors to consider when analyzing the proposed changes to General Plan Land Use and Zoning designations are compatibility with the surrounding land uses, consistency with the goals and objectives of the General Plan, appropriateness of the site for commercial development, and consistency with the existing land use and zoning pattern. The following is a detailed discussion of these issues. General Plan Amendment: The existing General Plan Land Use designation for the site is Public (P) with an underlying Residential Low Density (RL) designation, which permits a range of governmental administrative and related facilities, such as public utilities, schools, public parking lots, infrastructure, religious and similar uses. The underlying designation is a remnant designation of all Public (P) designated properties within the City and was considered in 1996 during the discussions by the General Plan Advisory Committee and their land use recommendations. The General Plan has no discussion or corresponding policies that encourages such underlying designation to be considered or applied during the amendment process. The proposed General Plan Land Use designation is Commercial General (CG), which allows for a range of commercial activities such as retail commercial, professional offices, eating and drinking establishments, household goods, food sales, drugstores, building materials and supplies, personal services, recreational commercial, overnight accommodations, cultural facilities, government offices, educational, health, institutional and similar uses. Staff proposes a maximum allowable floor area ratio of 0.35. -5- 121112008 4:30 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1211512008 DEPARTMENT ID NUMBER: PL 08-15 The amendment of the land uses designation is consistent with the activities in the vicinity of the project site. The subject site is surrounded by neighborhood serving commercial uses to the north across McFadden Avenue, residential uses to the west across Goldenwest Street, and educational uses to the south and east. The uses permitted under the current and proposed land use designations and zoning are not very different in terms of traffic generation, noise, utilities or service systems demands. In addition, the area south of the project site (Goldenwest College parking lot at the corner of Goldenwest Street and Edinger Avenue) already has commercial activities (i.e. weekend swap meets). Therefore, the proposed land use designation would permit uses that are compatible with existing uses north and south of the project site. In addition, the proposed use of the site as a pharmacy would serve existing residences to the west as well as the Goldenwest College campus east of the project site. A medical clinic is located across the street (Westminster) and the proposed CVS Pharmacy would provide easy access to prescriptions for patients. The proposed project would be consistent with the goals and objectives of the Land Use and Economic Development Elements of the General Plan in developing a range of commercial uses that are oriented to the needs of local residents, serving the surrounding region, providing economic opportunities for present and future Huntington Beach residents and businesses, and enhancing the City's market potential. This is also consistent with the City's existing land use pattern by providing commercially zoned and General Plan designated properties at arterial intersections. The City's land use policies generally encourage projects that provide a mix of uses, are compatible and harmonious with surrounding development, and enhance the image and quality of life and the environment. The proposed project would not conflict with the identified policies and objectives contained in the General Plan. Staff recommends approval of the General Plan Land Use designation amendment request to General Commercial. Zonin Ma Amendment: The existing Zoning designation for the subject site is Public-Semipublic (PS). This designation permits large public and semipublic uses such as but not limited to: Cemeteries, Government Offices, Hospitals, Maintenance and Service Facilities, Religious Assembly, Schools (private or public), Utilities (minor and major), Eating and Drinking Establishments, Vehicle/Equipment Sales and Services, etc. Development standards permit: minimum parcel size of 2 acres, minimum lot width of 100 feet, maximum building height of 50 feet, maximum floor area ratio of 1.5, and minimum of 8% landscaping. Additional requirements are identified in Chapter 214, Public-Semipublic Districts (ATTACHMENT NO. 8). The proposed Zoning designation for the subject site is Commercial General (CG). This designation permits a full range of retail and service businesses such as but not limited to: Group Residential, Community and Human Services, Convalescent Facilities, Day Care, Heliports, Hospitals, Religious Assembly, Schools (private or public), Utilities (minor or major), Animal Sales and Services, Building Materials and Services, Commercial Recreation and Entertainment, Eating and Drinking Establishments, Maintenance and Repair Services, -6- 12/212008 1:06 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 Offices, Retail Sales, Vehicle Equipment Repair, Visitor Accommodations, etc. Development standards permit: minimum lot size of 10,000 sq. ft., minimum lot width 100 feet, maximum building height of 50 feet, maximum floor area ratio of 1.5, and minimum of 8% landscaping. Additional requirements are identified in Chapter 211, Commercial Districts (ATTACHMENT NO. 9). The amendment of the Zoning designation for the subject site from Public-Semipublic to Commercial General implements the proposed General Plan Land Use Map designation of Commercial General. The subject site is bounded by single family residential (RL) across Goldenwest Street to the west, commercial uses to the north (City of Westminster), institutional uses (Golden West College) to the east and south, and a major arterial street (Goldenwest Street) to the immediate west. The proposed zoning of commercial on a site that has arterial street frontage is a basic planning principle in the analysis of the proper land use and zoning designation for commercial uses. The City has adopted a number of land use policies to protect residential neighborhoods and allow the future development of commercial uses that stabilize the fiscal viability of the City. The commercial designation is the appropriate zoning for the site generally because of its size, location, and separation from residential uses. The 1.5 acre project site meets the minimum lot size for commercial development and is located at the intersection of two arterials, which provide efficient access to the site. Because this type of land use and zoning pattern is found throughout the City, designating the project site for commercial development is consistent with the existing land use pattern. The General Commercial zoning regulations require new construction to be subject to a conditional use permit with a public hearing. The conditional use permit review and analysis requires the future development to mitigate to the greatest extent possible any impacts to the adjacent residential uses and also allow for market driven development. These issues were analyzed and considered as part of the public hearing process for the Conditional Use Permit before the Planning Commission on November 12, 2008. Staff recommends approval of the zoning map amendment request to General Commercial. E. SUMMARY: The proposed amendments further General Plan goals and objectives to develop a range of commercial uses that are oriented to the needs of local residents, serve the surrounding region, provide economic opportunities for present and future Huntington Beach residents and businesses , and enhance the City's market potential. In addition, the amendments are consistent with the City's existing land use pattern by providing commercially zoned and General Plan designated properties at arterial intersections. The City's land use policies generally encourage projects that provide a mix of uses, are compatible and harmonious with surrounding development, and enhance the image and quality of life and the environment. -7- 12/2/20081:05 PM • • REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 Staff recommends that the City Council approve the General Plan Amendment and Zoning Map Amendment based on the suggested findings of approval as recommended by the Planning Commission and staff. Strate is Plan Goal: Strategic Plan Goal: Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. The proposed amendments will be consistent with good zoning practice and implement the goals and objectives of the General Plan. The amendments to land use designations allow the future development of commercial uses that stabilize the fiscal viability of the City by serving the needs of local residents and the surrounding region and providing economic opportunities for the City. In addition, the amendments are consistent with land use policies that protect residential neighborhoods while permitting market driven developments. Environmental Status: The project's potential environmental impacts, including those related to General Plan Amendment No. 08-006 and Zoning Text Amendment No. 08-006, are analyzed and discussed in Mitigated Negative Declaration (MND) No. 07-007 (ATTACHMENT NO. 7). The MND determined that no significant impacts are anticipated as a result of the proposed project that could not be mitigated to a level of less-than-significant with proper design and mitigation measures. The MND was prepared with mitigation measures pursuant to the provisions of the California Environment Quality Act (CEQA) and approved by the Planning Commission on November 12, 2008. This MND was not appealed. MND No. 07-007 determined that no significant impacts are anticipated in all issue areas except for aesthetics, biological resources, and traffic/transportation. Potentially significant impacts include the removal of six and relocation of seven mature trees (aesthetics and biological resources) and inadequate parking capacity (traffic/transportation). These potentially significant impacts could be mitigated to a level of less-than-significant by incorporating appropriate mitigation measures. Attachment s : 2008-1. City Council Resolution No. , Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 08-006 2. Suggested Findings for Approval-Zoning Map Amendment No. 008-006 -8- 1211/2008 4:30 PM 21-8 !• REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PL 08-15 . 3. Ordinance No.382? An Ordinance of the City of Huntington Beach Amending District Map 15 (Sectional District Map 14-5- 11) to Rezone the Real Property Generally Located at the Southeast Comer of Goldenwest Street and McFadden Avenue from PS (Public-Semipublic) to CG (Commercial General) Zonin Ma Amendment No. 08-006 4. Planning Commission MND, GPA, ZMA, CUP, VAR, and TPM Staff Re ort dated November 12, 2008 5. Site Plan, Floor Plans, Elevations, and Tentative Parcel Map dated October 2, 2008 6. Pro'ect Narrative dated Au ust 19, 2008 7. Miti ated Ne ative Declaration No. 07-07 8. HBZSO Cha ter 214-Public -Semi ublic Districts 9. HBZSO Cha ter 21 1-Commercial Districts 10. PowerPoint Presentation Slides -9- 12/2/20081:05 PM INTENTIONALLY LEFT BLANK ATTACHMENT #1 INTENTIONALLY LEFT BLANK RESOLUTION NO. 2008-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 08-006 WHEREAS, General Plan Amendment No. 08-006 proposes to amend the Land Use Element of the City's General Plan to redesignate an approximate 1.5 acre piece of real property located on the southeast corner of Goldenwest Street and McFadden Avenue, as more particularly described as Exhibits "A" and "B" attached hereto, from P(RL) (Public-Residential Low Density) to CG-F 1 (Commercial General - 0.35 Floor Area Ratio). Pursuant to California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 08-006 and recommended approval of said entitlement to the City Council; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 08-006; and The City Council finds that said General Plan Amendment No. 08-006 is necessary for the changing needs and orderly development of the community, is necessary to accomplish refinement of the General Plan, and is consistent with other elements of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located on the southeast corner of Goldenwest Street and McFadden Avenue in the City of Huntington Beach, and is more particularly described in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, and incorporated by this reference as though fully set forth herein. SECTION 2: That General Plan Amendment No. 08-006, which amends the General Plan Land Use Designation for the subject area from P(RL) (Public-Residential Low Density) to CG-F1 (Commercial General - 0.35 Floor Area Ratio) is approved. The Director of Planning is hereby directed to prepare and file an amended Land Use Map. A copy of said map, as amended, shall be available for inspection in the Planning Department. 08-1854/27365 1 • Resolution. 2008-83 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 2008. Mayor ATTEST: City Clerk . Attom y Dlco 41S1 OVED AS TO FORM: REVIE D APPROVED: City in trator ATTACHMENTS Exhibit A: Legal Description Exhibit B: Sketch INITIA D AND APPROVED: Planning Dire tor 08-1854/27365 2 0 PROJECT UNTINGTON EACH Resolution 0 2008-83 I BOLSA AVE. LDENST VICIIVITYMAP NOSC9LE MCFADDEN AVE. JCA U m EDINGER AVE. WARNER AVE DES RI TION A CEL BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, M.O.B. & M, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND PK NAIL WITH TAG STAMPED 2S 5411"IN THE NORTH LINE OF SAID NORTHWEST QUARTER, ACCEPTED AS POINT 'PS* 5126R1"PER THE 'COUNTY OF ORANGE, P.F.R.D. / GEOMATICS - LAND INFORMATION SYSTEMS HORIZONTAL CONTROL DATA SHEET, SAID POINT BEARS NORTH 89'31'11'WEST A DISTANCE OF 4986.78 FEET TO A FOUND SPIKE AT THE CENTERLINE INTERSECTION OF MCFADDEN AVENUE AND EDWARDS STREET, ACCEPTED AS POINT 'CPS# 5124"PER SAID HORIZONTAL CONTROL DATA SHEET; THENCE WESTERLY ALONG SAID NORTH LINE, NORTH 89'32'39"WEST 2291.33 FEET TO THE EAST LINE OF 'PARCEL 1"AS DESCRIBED IN THE STREET AND PUBLIC UTILITY EASEMENT DOCUMENT RECORDED OCTOBER 8, 1964 AS INSTRUMENT NO. 7771 IN BOOK 7252, PAGE 378, OFFICIAL RECORDS, SAID DOCUMENT HEREINAFTER REFERRED TO AS STREET EASEMENT DOCUMENT',' THENCE SOUTHERLY ALONG SAID EAST LINE, SOUTH 00' 15'57`WEST 313.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING A PORTION OF SAID EAST LINE, NORTH 00' 15'57"EAST 243.42 FEET TO A POINT IN THE EASTERLY LINE OF 'ARCEL 3AS DESCRIBED IN SAID 'TREET EASEMENT DOCUMENT', SAID POINT BEING THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID 'PARCEL 3"A ND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90' 11'24A DISTANCE OF 47.22 FEET TO A POINT IN THE SOUTH LINE OF 'PARCEL 2"AS DESCRIBED IN SAID 'STREET EASEMENT DOCUMENT; THENCE EASTERLY ALONG SAID SOUTH LINE, SOUTH 89'32'39"EAST 211100 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 00'07'05"EAST 143.67 FEET; THENCE SOUTH 89'52'55"WEST 9.00 FEET; THENCE SOUTH 00'07'05"EAST 45.50 FEET; THENCE SOUTH 16'51'39"EAST 22.08 FEET; THENCE SOUTH 00' 15'59"WEST 62.39 FEET; THENCE NORTH 89'44'03"WEST 239.87 FEET TO THE TRUE POINT OF BEGINNING. 5' DEVELOPER: KZ DEVCO, LLC SUflt 25p, Cw9 G12,:s/4m-zioo 9 irwemfut PREPARED BY. 5620 FRIARS ROAD LEGAL DESCRIPTION & VICINTIY MAP PROPOSED CVS PHARMACY TITLE:EXHIBIT A DRAWN BY: TUPA S SAN DIEGO CA 92110 SEC Golden West DATE: 08/07/08, 619.291.0707 & McFadden JOB NUMBER: ENGWEERLNG COMPANY (FAX)619.291.4165 Huntington Beach, CA REVISIONS: Olb t1M UMdM .0 "bit.c%p *A%ww-rl 01 t4.15 erd.\6Rttlq,t00i .offapacMlpo J.tdCK l\CwpS?dw -.3*. Mn 07-AUC-2= Mfg, 21-15 • INTENTIONALLY LEFT BLANK •solution No.2008-83 EXISTING COMMERCIAL ZONING (CITY OF WESTMINSTER) 211.00' ,i--RNV w I LASf-9.00'. 45.50 J z N 22.08' u' -------.2.39' 239.17'z PROPOSED °J Z w(to0 ca55 ii w O 2 }accJz-. g z J ° Z zgCO65o-w MCFADDEN AVENUE 1 5' 0 N aJ° 0 z (9 O nzz(n uJ 0 N I (REMAINDER) GOLDEN WEST COLLEGE APN 142-012-01 AREA-131,26 AC GOLDEN WEST COLLEGE GENERAL PLAN DESIGNATION: P(RL) PUBLIC-RESIDENTIAL LOW DENSITY UNDERLYING ZONE ZONING DESIGNATION: PS-PUBLIC SEMI-PUBLIC 1321.22' PL I DEVELOPER: KZ DEVVO,,7yLLLCC yp9 6-Y.II 9 CA 32 Z1TT1fAX PREPARED BY. b ENGINEERING COMPANY 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAX)619.291.4165 SKETCH TO ILLUSTRATE LEGAL DESCRIPTION PROPOSED CVS PHARMACY SEC Golden West & McFadden Huntington Beach, CA F. %I64MI5476-ft rbte2.\Vrv.Nb1%R1 ft%ft *W-l7Mb +crlcaP :abfeV.aATtdr -dG091A1piotCaetEa .MOa3C.Wn07-uc -mm t4.ZRau P/L 1030.06' GENERAL PLAN DESIGNATION EXISTING: P(RL)-PUBLIC-RESIDENTIAL LOW DENSITY UNDERLYING ZONE PROPOSED: CG-F1 COMMERCIAL RESIDENTIAL 0.35 FLOOR AREA RATIO ZONING DESIGNATION EXISTING: PS-PUBLIC SEMI-PUBLIC PROPOSED: CG COMMERCIAL GENERAL TITLE: R/W J 0 EXHIBIT DRAWN BY. TUPA DATE: 08/07/08 JOB NUMBER: REVISIONS: 0 21-17 INTENTIONALLY LEFT BLANK ATTACHMENT #2 SUGGESTED FINDINGS ZONING MAP AMENDMENT NO. 08-006 SUGGESTED FINDINGS FOR APPROVAL-ZONING MAP AMENDMENT NO. 08-006: 1. Zoning Map Amendment No. 08-006 to change the zoning on a 1.5 acre parcel from PS (Public- Semipublic) to CG (Commercial General) is consistent with the objectives, policies, general land uses and programs specified in the General Plan as well as the proposed General Plan Amendment No. 08- 006. The zoning map amendment will enable the property owner and applicant to carry out policies and objectives stated in the Economic Development Element of the General Plan by improving fiscal stability and providing economic opportunities for the City. The proposed commercial general zoning is consistent with the goals and policies of the Land Use Element of the General Plan by allowing the development of uses that would support the needs and reflect market demand of City residents and visitors. 2. In the case of a general land use provision, the Zoning Map Amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed land uses identified in the Commercial General land use designation is consistent with the General Plan as well as the proposed General Plan Amendment No. 08-006. 3. A community need is demonstrated for the change proposed. The proposed commercial general zoning provides the standards necessary to develop a high quality commercial land use complementing and enhancing surrounding land uses. The commercial designation will generate jobs for the community without substantially increasing the need for housing. 4. The adoption of the Commercial General zoning will be in conformity with public convenience, general welfare and good zoning practice. The Commercial General zoning designation is the appropriate zoning for the site because of its size, location, and separation from residential uses. It was prepared utilizing a comprehensive approach, involving public meetings and reviewing the proposed development in terms of existing development standards, design and architectural guidelines, and landscape requirements. ATTACHMENT #3 INTE N TIONA LLY LE FT B LA NK 0 ORDINANCE NO. 3822 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 15 (SECTIONAL DISTRICT MAP 14-5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GOLDENWEST STREET AND MCFADDEN AVENUE FROM PS (PUBLIC-SEMIPUBLIC) TO CG (COMMERCIAL GENERAL) (ZONING MAP AMENDMENT NO. 08-006) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 08-006, which rezones the property generally located at the southeast corner of Goldenwest Street and McFadden Avenue from PS (Public-Semipublic) to CG (Commercial General); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the real property that is the subject of this Ordinance (hereinafter referred as the "Subject Property") is generally located at the southeast corner of Goldenwest Street and McFadden Avenue, and is more particularly described in the legal description and sketch attached hereto as Exhibits A and B, respectively, and incorporated by reference as though fully set forth herein. SECTION 2. That the zoning designation of the Subject Property is hereby changed from PS (Public-Semipublic) to CG (Commercial General). 08-1855/27376 1 0 Ordire-e No. 3822 SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section 201.04B District Map 15 (Sectional District Map 14-5-11) is hereby amended to reflect Zoning Map Amendment No. 08-006 as described herein. The Director of Planning is hereby directed to prepare and file an amended map. A copy of said District Map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 12008. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Attorney 016o 0\1 lb I DI 16 16 REVIE D D APPROVED: INITI TED AND APPROVED: Ci mistrator Director Planning ATTACHMENTS Exhibit A: Legal Description Exhibit B: Sketch 08-1855/27376 2 0 PROJ C HUNTINGTON EACH s Ordinanceo. 3822 yy of BOLSA AVE. MCFADDEN AVE. LDEN ST I- W WCINITYMAP NO SCALE 5 m EDINGER AVE WARNER AVE AL D PTIO P CEL A BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 11 WEST, M.D.B. & M, IN THE RANCHO LA BOLSA CHICA, IN THE CITY OF. HUNTINGTON BEACH, COUNTY OF ORANGE, STA TE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND PK NAIL WITH TAG STAMPED 'LS 5411"IN THE NORTH LINE OF SAID NORTHWEST QUARTER, ACCEPTED AS POINT 'VPS# 5126R11PER THE 'COUNTY OF ORANGE, P.F.R.D. / GEOMA TICS - LAND INFORMA TION SYSTEMS HORIZONTAL CONTROL DATA SHEET, SAID POINT BEARS NORTH 89'31'11"WEST A DISTANCE OF 4986.78 FEET TO A FOUND SPIKE AT THE CENTERLINE INTERSECTION OF MCFADDEN A VENUE AND EDWARDS STREET, ACCEPTED AS POINT 'CPS# 5124"PER SAID HORIZONTAL CONTROL DATA SHEET; THENCE WESTERLY ALONG SAID NORTH LINE, NORTH 89'32'39"WEST 2291.33 FEET TO THE EAST LINE OF 'PARCEL 1"AS DESCRIBED IN THE STREET AND PUBLIC UTILITY EASEMENT DOCUMENT RECORDED OCTOBER 8, 1964 AS INSTRUMENT NO. 7771 IN BOOK 7252, PAGE 378, OFFICIAL RECORDS, SAID DOCUMENT HEREINAFTER REFERRED TO AS 'STREET EASEMENT DOCUMENT? THENCE SOUTHERLY ALONG SAID EAST LINE, SOUTH 00' 15'57WEST 313.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING A PORTION OF SAID EAST LINE, NORTH 00' 15'57"EAST 243.42 FEET TO A POINT IN THE EASTERLY LINE OF 'PARCEL 3"AS DESCRIBED IN SAID 'STREET EASEMENT DOCUMENT-, SAID POINT BEING THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID 'PARCEL 3"AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90' 11'24"A DISTANCE OF 47.22 FEET TO A POINT IN THE SOUTH LINE OF 'PARCEL 2"AS DESCRIBED IN SAID 'STREET EASEMENT DOCUMENT' THENCE EASTERLY ALONG SAID SOUTH LINE, SOUTH 89'32'39"EAST 211.00 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 00'07'05"EAST 143.67 FEET; THENCE SOUTH 89'52'55"WEST 9.00 FEET; THENCE SOUTH 00'07'05"EAST 45.50 FEET; THENCE SOUTH 16'51'39"EAST 22.08 FEET; THENCE SOUTH 00' 15'59"WEST 62.39 FEET; THENCE NORTH 89'44'03"WEST 239.87 FEET TO THE TRUE POINT OF BEGINNING. O DEVELOPER:TITLE: KZ DEVCO, LLC LEGAL DESCRIPTION EXHIBIT 19752 MACARfl(2 BLVD 0 94 m & VICINTIY MAP1 0 -FAX9v4Tr,2 PREPARED BY: a 5620 FRIARS ROAD SAN DIEGO, CA 92110 PROPOSED CVS PHARMACY SEC Golden West A AWN BY: TUPA DATE: 08/07/08 619.291.0707 & McFadden JOB NUMBER: ENGINEERING COMPANY (FAX)619.291.4165 Huntington Beach, CA REVISIONS: A.\16t:A\ts47fLwdflPlt.:gn l\. O7`.fl 11Glrif 'Gi\31{!tiny-R GPY\iC.^kn ,ei a;Wte4 rce..3Cl.P1.5D%.? WNWP5t-Yfi.B.v:.PLf Ut-"-2004 1 19.1 13 21-25 INTENTIONALLY LEFT BLANK • V 2 45.50' 2.08' '`62 39' EXISTING COMMERCIAL ZONING (CITY OF WESTMINSTER) MCFADDEN AVENUE 11, 211.00' 00*R/W 'D r riAACEl1t19.00' cc N 239.87' 1 5' - PROPOSED P/L OrdinS No. 3822 1030.06' GENERAL PLAN DESIGNATION EXISTING: P(RL)-PUBLIC-RESIDENTIAL LOW DENSITY UNDERLYING ZONE PROPOSED: CG-F1 COMMERCIAL RESIDENTIAL 0.35 FLOOR AREA RATIO ZONING DESIGNATION EXISTING: PS-PUBLIC SEMI-PUBLIC PROPOSED: CG COMMERCIAL GENERAL (REMAINDER) GOLDEN WEST COLLEGE M'N 142-0-12-01 AREA-_J31426 AD GOLDEN WEST COLLEGE GENERAL PLAN DESIGNATION: P(RL) PUBLIC-RESIDENTIAL LOW DENSITY UNDERLYING ZONE ZONING DESIGNATION: PS-PUBLIC SEMI-PUBLIC 1321.22' PL DEVELOPER: KZ DEVCO, LLC "M HACARTHURSt 250p, mvn+E.CCA 91612 949/416-2700 949/476-2717-FAX PREPARED BY: b ENGINEERING COMPANY O 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAX)619.291.4165 PROPOSED CVS PHARMACY SEC Golden West & McFadden Huntington Beach, CA Rr tf SSTC\154 ': 0..wi61 Y2 ciln \l„-._r:St4RiJY.itiRNrXGe \EwM iY-x'. or1w .4w\f+n;«sa\:k1v:.t (.4-G;A.'L.S::: a re \C:'.z:+.4K.7cX1,.':i.:rrt J -..\.-iQ $ t.. 1t TITLE: R/W J CL l0 C-- 0N M EXHIBIT D WN BY, TUPA DATE: 08/07/08 JOB NUMBER: REVISIONS: 21-27 SKETCH TO ILLUSTRATE LEGAL DESCRIPTION INTENTIONALLY LEFT BLANK ATTACHMENT #4 INTE NTIO NA LLY LEF T B LA N K 0 INTENTIONALLY LEFT BLANK THE CITY OF WESTMINSTER Subject Site Proposed General Plan CG-F1 e CURRENT AND PROPOSED GENERAL PLAN DESIGNATIONS GENERAL PLAN AMENDMENT NO. 08-006 (CVS PHARMACY- 15520 GOLDENWEST STREET) ATTACHMENTN1O.- . • INTENTIONALLY LEFT BLANK THE CITY OF WESTMINSTER Subject Site Proposed Zoning CG I. CURRENT AND PROPOSED ZONING DESIGNATIONS ZONING MAP AMENDMENT NO. 08-006 (CVS PHARMACY- 15520 GOLDENWEST STREET) ATTACHMENT NO. -61 INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK 0 TREES ON THE SITE OF A PROPOSED CVS PHARMACY, AT GOLDEN WEST STREET AND McFADDEN AVENUE, HUNTINGTON BEACH October 2007 Consulting Arborist 's Report Prepared for Thomas Wilhelm KZ-Holdings, LLC Prepared by Alden Kelley Consulting Arborist ATTACHMENT NO. J • CONTENTS Project Elements .............................................................................................................. 1 Summary .......................................................................................................................... 2 Background ...................................................................................................................... 3 Description of Trees: Size and Condition ....................................................................... 4 Description of Trees: Photographs .................................................................................. 8 Tree Location Map, Initial Feasibility Study Plan ......................................................... 17 Tree Location Map, Revised Feasibility Study Plan ...............:.....................................18 Tree Preservation Measures; Mitigation ........................................................................ 19 Consultant Qualifications A TACHMENT NO. • PROJECT ELEMENTS Report date: 23 October 2007 Site study date: 4 October 2007 Subject: Arborist's report on trees at Goldenwest Street and McFadden Avenue, on the site of a proposed development (a CVS Pharmacy); a municipal requirement as part of the development approval process. Client: Thomas Wilhelm KZ Holdings, LLC 19752 MacArthur Blvd., Suite 250 Irvine, CA 92612 Phone: 949476-2700; Fax: 949-476-2777 Objectives: 1. Identify tree species. 2. Describe trees. 3. Identify trees to be retained and trees to be removed and mitigated. ATTACHMENT NO. li1 SUMMARY A study was conducted that described 22 trees on the site of a proposed pl arrnacy construction project in the southeast comer of the intersection of Goldenwest Street and McFadden Avenue, Huntington Beach. The examination and this report are required as part of the development approval process established by the City of Huntington Beach. The revised Feasibility Study plan provided to me indicated that 16 of the trees could be retained, 9 in place and 7 by relocation. Mitigation of the remaining 6 trees would be establishment of 12 36-inch box size specimens. The proposed plan offers mitigation measure of providing a total 27 new trees. Report amended February 8, 2008 Alden Kelly-1.S.A. Certified Arborist No. 267 . 21-96 ATTACHMENT NO. -` - 0 BACKGROUND On 3 October 2007, Tom Wilhelm of KZ Holdings, LLC commissioned an arborist's report study of trees on the site of a proposed construction of a CVS Pharmacy. On 4 October, we met on the property at Goldenwest Street and McFadden Avenue. Mr. Wilhelm provided me with a copy of the Feasibility Study plan for the project. I inspected, measured, assessed and photographed the subject trees. -The tree locations are shown on the map of the initial Feasibility Study plan. On 19 October, Tom Wilhelm emailed a revised Feasibility Study plan which would allow preservation of some of the trees. The trees to be retained under the revised plan are shown on the revised plan. With the exception of the Feasibility Study plan, all measurements, inteipretations and suggestions are my own. The contents of this report are my sole responsibility, and are based on my direct observations, interpreted in the light of my training and experience in arboriculture. -3-ATTACHMENT NO.IbLE' 0 DESCRIPTION OF TREES: SIZE AND CONDITION Tree inspection and assignment of tree numbers proceeded from the east end of the north side of the site (along the south side of McFadden Avenue); westward to Goldenwest Street; then southward along the east side of Goldenwest Street. Six species were identified (in the sequence of inspection) as Pittosporum undulatum (Victorian box); Pinus canariensis (Canary Island pine); Eucalyptus sideroxylon (Pink ironbark); Eucalyptus citriodora (Lemon gum); Pinus halepensis (Aleppo pine); and Jacaranda mimosifolia (Jacaranda). The common names are used in the following descriptions. 1. Victorian box. Trunk diameter 10 inches at 4.5 feet above ground. Height and spread estimated as 18 x 18 feet. Condition rating 35% (poor). Estimated life expectancy 5 to 10 more years. 2. Victorian box. Trunk diameter 13 inches at 4.0 feet. The trunk had divided into 5 branch stems at about 5 feet above ground. Condition rating 55% (below average). Estimated life expectancy 20-50 more years. 3. Canary Island pine. Trunk diameter 18 inches at 4.5 feet. Height and spread estimated as 60 x 18 feet. Condition rating 70% (high average). Estimated life expectancy 25-60 more years. 4. Canary Island pine. Trunk diameter 20.4 inches at 4.5 feet. Height and spread estimated as 60 x 18 feet. Condition rating 60% (low average). Estimated life expectancy 20-40 more years. 5. Canary Island pine. Trunk diameter 16.3 inches at 4.5 feet. Height and spread estimated as 70 x 16 feet. Condition rating 60% (low average). Estimated life expectancy 20-40 more years. ATTACHMENTNO.---4- 6. Canary Island pine. Trunk diameter 16.7 inches at 4.5 feet. Height and spread estimated as 65 x 20 feet Condition rating 55% (below average). Estimated life expectancy 15-30 more years. 7. Canary Island pine. Trunk diameter 16.8 inches at 4.5 feet. Height and spread estimated as 70 x 18 feet. Condition rating 55% (below average). Estimated life expectancy 15-30 more years. 8. Canary Island pine. Trunk diameter 9 inches at 4.5 feet. Height and spread estimated as 32 x 16 feet. Condition rating 55% (below average). Estimated life expectancy 15 - 30 more years. 9. Canary Island pine. Trunk diameter 12.8 inches at 4.5 feet. Height and spread estimated as 70 x 9 feet. Condition rating 45% (below average). Estimated life expectancy 15 - 25 more years. 10. Pink ironbark. Trunk diameter 27.5 inches at 4.5 feet. Height and spread estimated as 70 x 30 feet. Condition rating 70% (high average). Estimated life expectancy 40 - 80 more years. 11. Canary Island pine. Trunk diameter 13.1 inches at 4.5 feet. Height and spread estimated as 48 x 17 feet. Condition rating 55% (below average). Estimated life expectancy 20-35 more years. 12. Pink ironbark. Trunk diameter 12 inches at 4.5 feet. Height and spread estimated as 55-x 20 feet. Condition rating 35% (poor). Estimated life expectancy 10-20 more years. -5-ATTACHMENT NO. -64 • 13. Pink ironbark. Trunk diameter 12.8 inches at 4.5 feet. Height and spread estimated as 50 x 18 feet. Condition rating 50% (below average). Estimated life expectancy 20-40 more years. 14. Pink ironbark. Trunk diameter 24.9 inches at 4.5 feet. Height and spread estimated as 75 x 35 feet. Condition rating 70% (high average). Estimated life expectancy 40 - 80 more years. 15. Lemon gum. Trunk diameter 23.5 inches at 4.5 feet. Height and spread estimated as 75 x 60 feet. Condition rating 75% (superior). Estimated life expectancy 50- 100 more years. 16. Aleppo pine. Trunk diameter 19.3 inches at 4.5 feet. Height and spread estimated as 55 x 23 feet. Condition rating 70% (high average). Estimated life expectancy . 30-60 more years. 17. Aleppo pine. Trunk diameter 18 inches at 4.5 feet. Height and spread estimated as 55 x 30 feet. Condition rating 70% (high average). Estimated life expectancy 30-60 more years. 18. Lemon gum. Trunk diameter 18.5 inches at 4.5 feet. Height and spread estimated as 60 x 33 feet. Condition rating 50% (below average). Estimated life expectancy 20-40 more years. 19. Lemon gum. Trunk diameter 22.7 inches at 4.5 feet. Height and spread estimated as 70 x 35 feet. - Condition rating 60% (average). Estimated life expectancy 25-50 more years. 20. Lemon gum. Trunk diameter 19.9 inches at 4.5 feet. Height and spread estimated as 70 x 25 feet. Condition rating 60% (average). Estimated life expectancy 25-50 more years. 21-100 ATTACHMENT NO.8 -6 21. Jacaranda. Trunk diameter 12 inches at 4.5 feet. Height and spread estimated as 25 x 28 feet. Condition rating 70% (high average). Situated in a 40-inch-wide planting bed in a parking area. Estimated life expectancy 25-35 more years. 7- ATTACHMENT NO. • DESCRIPTION OF TREES: PHOTOGRAPHS 4,0 •_"t A. 1. Tree no. 1. Victorian box. 21-102 -8-ATTACHMENT NO. /Z /y 2. Tree no. 2. Victorian box. 9- • ATTACHMENT NO. -94LL 0 3. Tree no. 3. Canary Island pine. i 21-104 - -10- ATTACHMENT NO./Z•/z- 9 A 4. View from north side of McFadden Avenue. From left to right, trees no. 3, 4, 5, 6, 7. 4. 5. View from west side of Goldenwest Street. The cluster of Canary Island pines at left includes trees no. 3-8. The tall Canary Island pine in the middle is no. 9. To the right of it is no. 10, a Pink ironbark, then Pink ironbarks no. 11-13. -1l -ATTACHMENT NO.-/ It. 6. South end of the stand, viewed from the west side of Goldenwest Street. Left to right, no. 14, Pink ironbark; no. 15, Lemon gum; nos. 16 and 17, Aleppo pines; nos. 18 and 19, Lemon gums. The Lemon gum at the extreme right is not on the study site. I 7. View of the tree stand along Goldenwest Street. If the Feasibility Study plan is adopted as designed, the esthetic, environmental, social and psychological benefits of this entire grove will be eliminated. -12-ATTACHMENT NO._j ?•/y 21-106 0 S 8. View from south of trunks of Canary Island pines no. 4-9. 9. View from south of Pink ironbarks no. 10 and 14. Canary Island pine no. 9 is at left. -13- ATTACHMENT NO. ? -K 0 10. South end of tree stand, viewed from east side. Right to left: no. 15, Lemon gum; nos. 16 and 17, Aleppo pines (midground); no. 21, Jacaranda (foreground); no. 20, Lemon gum. F 11. No. 15, Lemon gum. -14- 121-108 ATTACHMENT NO..L7-Ik • 11. 1S ti :11 ,4 12. No. 16, Aleppo pine. ATTACHMENT NO. 12- 0 ,.4 1- 13. No. 17, Aleppo pine. Y J4' V. f?+,v Ti:"`,'n..i'CM14 Y"•Ft rtYf t` 14. No. 21, Jacaranda. 0 iGYYi •ew:, 21-110 -16-ATTACHMENT NO.,2./8 TREE PRESERVATION MEASURES, MITIGATION The initial Feasibility Study plan would have entailed the removal of all 21 trees. After discussing the matter with Tom Wilhelm, he provided a revised Feasibility Study plan, which would allow retention of trees no. 2, '3,4,16,17,18,19,20, and 21. The plan calls for relocating trees no. 5, 6, 7, 8, 9, 11, and 14. The other two specimens are too large to allow safe root pruning at the indicated distances on three sides. The trunk diameters of 27.5 inches for no. 10, and 23.5 inches for no. 15, would require a minimum root pruning dist ance (on three sides) of 13 feet for no. 10, and 11 feet for no. 15. In other words, to assure reasonable stability (to avoid the potential for toppling under strong wind conditions) tree no. 10 should have an undisturbed root zone of 28 feet in diameter, and 13 feet on the side toward the east end of the bed. No. 15 would need a bed 24 feet wide, with 11 feet between the trunk base and the east end of the bed. In my opinion, it would be inadvisable to attempt retaining the latter two trees. The revised Feasibility Study plan shows definite potential for retaining 16 of the existing trees. Based on the available information, there would be 6 trees which-would be removed. The required mitigation would thus be 12 36-inch box specimens, to be installed at locations determined by Huntington Beach Public Works Department. Amended February 8, 2008 Respectfully submitted, Alden Kelley Consulting Arborist ..NT-TAGIFIMENIT! NO./Z-l? 21-111 0 June 5, 2008 KZ DevCO, LLC 19752 Mac Arthur Blvd - Suite 250 Irvine, CA 92612 Attn: Tom Wilhelm Dear Tom, To help in the successful relocation of the Pines at the CVS site on Goldenwest and McFadden in Huntington Beach , I would like to suggest that the trees be side boxed 90 days prior to putting the bottoms on and moving to new location. We will lightly prune the trees, but no tip cutting. This will help the trees alleviate as much shock and keep the wind from blowing it out of the box. We have found that the tips of trees help stimulate new root growth so they will not be cut. The trees will also be guyed so there wi ll be no leaning or falling over for a period of one year. The wires will have pvc pipe around them so the are visible and no one will get hurt by the wires. Three of the trees will be placed into 9' boxes, two in 8'.boxes and two in 7' boxes. The best time to dig these trees would be We July through first part of October or first of January through March. The trees at these times slow their growing pattern. The trees will be trenched with a ride on trencher. This cuts the roots cleanly, a backhoe will be used to dig out the soil on all four sides so the root ball can be shaped to the size of the box. Once the sides are in place strapping or banding will be put around the box sides to hold them in place. Soil will be placed in any areas on the inside of the box to fill any cavities that may be formed when putting the sides on. A water basin will be put on the top of the root ball and filled with water to perk into the root ball. When it is the appropriate time, either immediately or at 90 days the holes will be dug deeper so the bottoms can be placed. This entails digging under the box and placing a 2''x 12" board under the box and placing two 12"x12" block under the 2"x12" to hold it in place. This process is continued till the bottom is covered with 2"x12"'s and the tree is sitting on blocks. Two 2"x12 " boards are put under the bottom with strapping attached on two sides and cinched over the top to hold the bottom in place. This allows the crane to pick the trees and the tree does not fall out the bo ttom. When the crane is lifting the trees 2 nylon slings are placed under the box so the box is cradled by the nylon slings. Two steel cables are attached to the hook on the crane and attached to the nylon slings- A short ATTACHMENT NO.12.20 0 Pg 2 of 2 boxing trees 0 nylon is wrapped around the trunk with carpet between the nylon and the trunk and placed on the cable of the crane, this keeps the top heavy trees from falling over. Once the tree is placed into the hole of it's new home the hole is filled about have way and one side is removed and that side is filled in with soil. This is repeated till all four side are removed. The bottom is left in place and will decompose within a few years. Because of the depth of the box the bottom left in place will not be an issue. The basin for holding water will be reconstructed within the root ball perimeter. Some people make the mistake of putting the outside of the basin beyond the root ball and the water runs down the side of the root balL Then the root ball becomes dry and the tree dies. GSTS Inc. takes the utmost care in boxing trees and are very conscience of safety issues for our employees and the general public. Areas will always be cle an and free of debris. If you have any questions please do not hesitate to call. ectfully, Darrell W. Simpson ATTACHMENT NO. 3 ktbJ.p 2 22O0DISCRImON OFTREES. S=AND CONDrONTree # Tree T s A rox b1o*1 r0.% A rox He 1od S re.d COr dkon n' Lill, aunt Pro osud PI4nI2.51421105126.7t.9cvs10.nIlI2. 15I514I • 161815.19 17162007110.1III191.20ti2122.1010 .a93paehoxd. 11011 k.l 55% 91110 men .n 10500.0WW. b..dfAddfnb 5 bnta.mN..ed.0M. 1/Inch..IIOMI .1.b00e51...110.. d 55% low.wn 20.50 .rt oalm I.nW. bbd he 13inth10.1935nt 60 x11 feel. 70% h .tens 23.60 men n heim taeCon. 1011.d n. 20410*h0.145660* 60.111x1 60% ew.ven . 20.4000,11 1.0, 10%031. U.C. hhnd h. 1631n1h.41431M 70.16M1, 60% 0.0400.'4 a 2010 wort x0, .01x0, d«.1dC. blind a. 117 in*..1451.a 65.201. 59% O.dw 4.11 1 15.3450«1 w x.ldn nl«udC.n. 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'll'. 3.I •h a,.i,.n .i mlx:,,.,a,I ir\:lr .I..Iu Ordldn a J3,gi Its vI lt.......A.. Tmn.l I%xl%lw•I. 33S wlJIILI..I lnF.3 brmnjl ll.:,. nvw. I.b.nl .rr 711xW.+.!Il3AH •..I. IlFNn . n.n AL..I •... Iw ....1•.* n 1 S tw. ... I.. I..rI /v.an l.Ln.l....• I.+: n..hl•aIJ 3F.1 .1.2n ln.n,.n bS.xl rnw I..J ULt..•x all 3F\n 70. I91v1t 1 n.nn IP..PJ n. xrh.,.. 13 My 11. I..3rW•: la.wrv 1.4,1 .:r I.4 xAhd. alljlnr '0. vhf...Il Pt rnba.1 2731rc1wf al43lwl 70.30 kM11 ."n..n l.bnJ n.•e III xwl..a1IJ SNa 4*. 1 1.,,.12 n.1xn..h.A 12u.nhns,1 &I1t n3,20hyt.It 11.1 rpnh..h 12%11\, .I4 3 fn. 31111% 1a1vlMhl. 11 r3 htt 13.In Ftd S3'. 11\Lw•dnt..41I II.W n....Y...a ..nlm •..1.\JIPIaNGINEERINO COMPANYrxnAN -XL .. Agi.WT5C1'JL'e DIH191a•I1' N3 ~1--1NJCVS - HUNTI NGTON BEACHEXISTING TREES TO REMOVE (6 TOTAL)13 Ln.e..wl. 233iwwn14.31.1 M.40 wI. •2311 0. vnnl Snnuu x.vw ab -.-vlm. v. ..1x ..13 nrr i3a2.1x11 1.. ..•.M I .IUnm.n.l. w.',.. 4..I.ILr wl`+.. IE -1- .. 13 iM .. r1.11.pIII.1A••ar ln!.I wl. •Ihtt..... .xAW n•13:.f. -...i.brnIvv.xlw..•nil.Sl -..21 I.'.•1C.-...... al13x\tilm.•1- 11-0 19, to kl5 x.ld I.fv..t 1. -.-j._1rr.w.. r.. r.wa.x1 •iw.Il x.14.414 rw.ln. •4:.a.rP.xn. r..rn I1 li •4 a.r..•a.fW. (P-1 SnuIO n.1r..rar. __CRAPNIC IS N03' TO SCALE PLANT LEGEND:PALM TREES SUCH AS 16' 6TH MIN. :WASHINGTONIA HYBRID / HYBRID FAN PALMFLOWERING ACCENT TREE SUCH AS: MULTI TRUNK 36" BOCERC(S OCCIDENTALIS I WES ERN REDBUDLAGESTROMIA INDICA HYBRIDS I CRAPE MYRTLE0LIIo II IIIIII.g • CVS HUNTINGTON BEACH}ENGINEERING COMPANY NEW TREES (30 PROPOSED)1 YLAND9GAP! ARG 1fl 1.RC DIN5bN-IaNACCENT SHADE TREE SUCH AS: (36" BOX)BA H NIA X B I N KON HIDBAUHINIA VARIEGATE / PURPLE ORCHIDMELALEUCA QUINQUINERVIA / PAPERBARKCAL00ENDRUM CAPENSE / CAPE CHESTNUTEUCALYPTUS TORQUATA / CORAL GUMSHADE TREES (TO MATCH EXTG.)SUCH AS (38" BOX):EUCALYPTUS CITRIO DORA / LEMON SCENTED GUMEUCALYPTUS SIDEROXYLON I PINK IRONBARKPINUS CANARIENSIS I CANARY ISLAND PINEGRAPHIC 13 NOT TO SCALE• KZ HOLDINGS, LLC Via U.S. Mail It June 18, 2008 City of Huntington Beach Department of Planning 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Attn: Tess Nguyen, Associate Planner RE: Proposed CVS Pharmacy - Goldenwest / McFadden Dear Ms. Nguyen, KZ Holdings, LLC will contract with a licensed General Contractor for the construction of the proposed project. In accordance with your request and per the City of Huntington Beach requirements, KZ Holdings will mandate in the project specifications, that the General Contractor, be required to hire Darrell Simpson, with collaboration with the Griffith Company, for the relocation of the trees per our proposed plan. In agreement with Alden Kelly's recommendation , the General Contractor will also be required to engage the services of Wallace Laboratories, Gam Wallace, for onsite soils analysis to assure soils stability and long term survival of the transplants. The General Contractor will be required to agree to, and contract with, Darrell Simpson for the guaranteed survival of the relocated trees. This is based on the proposal from Mr. Simpson dated June 4, 2008. We thank you for all your help and continued support for the above subject as it is greatly appreciated. Sincerely, KZ HOLDINGS, LLC Tom Wilhelm Development Manager 19752 MacArthur Blvd. Suite 250 • Irvine • Calitomia• 92612• TEL- 949.476 •2700. FAX. 949 -476.2777 ATTACHMENT NO. dl •0 ALDENKELLEY Consulting Arborist 6662 Chamois Circle Cypress, California 90630 Phone: 714/897-4656 CelL 714/606-9643 E-Mail: AKelieyArborist @ aoLcom To: Tom Wilhelm Chuck Davis Subject: Addendum/recapitulation of report on relocation of trees at the proposed CVS Pharmacy site. 1. Subject trees: See attached 2-8-08 Description of Trees: Size and Condition; and attached Tree Location Map. 2. Relocation site(s): features, assessment, preparation. A. Site Features The location(s) to which the subject trees are to be transplanted should be readily accessible, spacious enough to accommodate moderate future size increase; and having soil of adequate quality, depth and drainage to foster recovery and thriving of the transplants. B. Assessment and preparation. The site or sites need to be analyzed and prepared for the transplants. I recommend that Gam Wallace (Wallace Laboratories, 365 Coral Circle, El Segundo 90245; (310) 640-6815) be engaged to do the soil site analysis, and to prescribe and carry out such treatments as may be needed to assure suitability for the recovery and long-term survival of the transplants. .f 21-120 ATTACHMENT NO.2 - 3. Transplanting protocols The attached procedures were prepared by Darrell Simpson (714-864-0885) on 5 June 2008. He will collaborate with the Griffith Company in executing the project. 4. Post-transplant management I recommend that the relocation contract include a minimum four-year post- transplant maintenance program by Darrell Simpson. In my opinion, that will maximize survival and recovery of the trees, while also protecting the interests of the party underwriting the relocation, and assuring the City of Huntington Beach the benefits of the trees over the coming decades. I believe that this summary and the attached items constitute the necessary and sufficient guidelines for effective transplantation of the subject trees at the Goldenwest Street/McFadden Avenue site. Respectfully submitted, lc9, Alden Kelley Consulting Arborist ATTACHMENT NO.12.29 21-121 DESCRIPTION OFTREES : SIZE AND CONDITION inspection and assignment of tree numbers proceeded from the east end of the north side of the site (along the south of McFadden Avenue); westward to Goldenwest Street; then southward along the east side ofGoldenwest Street. Six species were identified (in the sequence of inspection) as Pirrosporum undulatum (Victorian box); Pints cmrariensis (Canary Island pine); Eucalvptusside roxylon (Pink irenbark); Eucalyptus citriodora (Lemon gum); Pinto hats xnsis (Aleppo pin) and Jacaranda mimoWYolia (Jacaranda). The common names are used in the following descriptions. ree # Tree Type Approx trunk size Approx Height and Spread Condition rating Life Expectancy Pro seal Plan Comments 10 inches at 4.5 feet above L Victociaribox ground- 18x18 feet. 35% (poor) divided into 5 branch stems 2. Victorian box 13 inches at 4.0 feet at about 5 feet above ground 55% (below avert e) 3. • Canary island pine 18 irides at 45 feet 60 x 18 feet. 70% (hi It avera e). 4. Canary Island pine 20.4 incises at 4.5 feet 60 a 18 feet 60% a 5. Canary Island pine 16.3 inches at 4.5 feet 70 x 16 feet 60% (low avera e) 6 Canary Island pine 16.7 Indies at 4.5 feet 65 x20 feet 55% (below avera 7. Catty Island pine 16.8 inches at 45 feet 70 a 18 feet 55% (below avera e 8. Canary Island pine 9 inches at 45 (eel 32 x 16 feet 55% (below avers 9. Canary Island pine 128 incites at 45 feet 70 it 9 feet. 45% (below avers I 10. Pink ironbark 27S latches at 45 feet 70 x30 feet 1L Carty island pire III inches &t45 feet 48 x 17 feet .f 12 Pinkironbaric 12 Inches at 4.5 feet 55 at 20 feet 13. Pink i onbark 12.8 inches at45 feet 50 x 18 feet 14. Canary island pine 9 indict at 4 5 feet 32x16 feet 15. Lemon gem 235 inches at 4.5 feet 75 x 60 feet 16. Aleppo pine 193 inches at 45 feet 55 x 23 feet 17. Aleppo pine 18 indws at 45 feet 55 x 30 feet 1S. Lemon gran 18.5 inches at 45 feet 60x33 (eel 19. Lemon guts 277 inches at45 feet 70 a 35 feet 20. Lemon gum 19.9 inches at 45 feet 70x25fee t. 5 to 10 mom sears- remove 20-50 more acs protect in face 25-60 more rears protect in lace 20 -40 more acs otect in place 20-40 more to exsitin relocated 15-30mcce -ears exsi relocated 15-30 more peaty exs' ' relocated 15.30 more acs exsi.relocated 15-25 more acs exs' relocated Drive access and site layout dictate tree removatTree condition dictates should be replaced, mitigate removal by iruW ling 3 new trees Parting requirementand site layout ditactetree remova l. Tree will not survive seloa tion, mitigate removal by install ing 70% (hi h ave ) 40-80 more vears remove 3 new trees 55% (below avera ) 20-35ancce ears exsi ' relocated Parting requirement and site layout ditctetree temovaL Treecondidr, dictatatemovaL mitigate removal by 35% (poor 10-20 more eats remove installing 3 new trees Parking tqutr meet and site layout dictae tree removal. Tree condition dictates removal, mitigate removal by 50% (belowavera e). 2030 more ears re move installing 3 new trees 55% (below avera e) 15 -30 mom ears exsitin relocated Parting requirement and site layout ditaae bee removal. Treew0l not survive relocation, mitigate removal by installing 75% (su tier) 50-100 more veers remove 3 new heft 70% (hi avers e) 30-0 more acs protect in We 70% avers e) 30-0 mote -ears protect in lace 50% (below avera e) 2040 more s protect in ce 60% (av ). 25-50 more are rotect in lace 60% (avera ) 25-50 more rotect in lace 21. island pine 9 incites at 4.5 feet 32 a 16 feet 55% (below avers ) 15 -30 more Years rotect in place 10 incites at 4S feet above 22 Victorian box ground. 18 x 18 feet. { Drive access and site layout didate tree removal Tree condition dictates should be replaced, mitigate removal by 35% (poor 5 to 10 more wars. remove Installing 3 new trees • Summary - Remove 6 trees total -mitigate with 18 replacement trees - 3:1 rather than the 21 City requirement Relocate 7 trees total Protect 9 trees in place Further mitigation by installing 9 new trees on parcel Report Amended February S, 2008 Alden Kelly-LS.A. Certified Arboeist No. 267 21-1 A&W ATTACHMENT NO. r ALDEN KELLEY Consulting Arborist/Forensic Consultant 1309 Evergreen Avenue F-2, Fullerton, California 92835 LS A.. Certified Arborist No. 267 Office: 714/990-4398 Fax: 714/990-6741 email: AKelleyArborist@ aol.com CURRICULUM VITAE Janua ry 2006 EXPERIENCE: Consulting arborist 23 years Forensic consultant 21 years Tree care and maintenance 20 years Writing, editing (scientific and technical) 20 years Research (plant sciences) 7 years Teaching (college, adult ed.: biology, botany, horticulture) 13 years EMPLOYMENT: 1985 - present 1981-1985 1980-1981 1978 - 1979 1966 - 1977 1964 -1966 1962 - 1963 1958 - 1962 1956 -1958 1952 - 1955 1950 - 1951 Consulting Arborist , Forensic Consultant, Author (Southern California) Tree maintenance service (Orange County, CA); Consulting Arborist Cell Biologist (Beverly Hills, CA) Plant care services (Cypress, CA) Associate Professor of Biology, Lycoming College (Williamsport, PA) NIH Postdoctoral Research Trainee, The University of Texas (Austin, TX) Assistant Professor of Biology; Paisfri§ C61lege'(Faulie1d NIH Predoctoral Research Trainee , Purdue University (Lafayette, IN) Research Associate: Seed treatment, Iowa State University (Ames, IA) Tree trimmer, Teaching Assistant, Iowa State University (Ames, IA) Groundskeeper's assistant (Springfield, MO) EDUCATION: B.S. (Horticulture) Iowa State University, Ames, IA (1954) M.S. (Plant Physiology) Iowa State University, Ames, IA (1958) Ph.D. (Plant Morphology; minors: Biochemistry, Plant Physiology) Purdue University, Lafayette, IN (1962) Postdoctoral studies (Cell ultrastructure; electron microscopy) The University of Texas, Austin, TX (1964 - 66) PROFESSIONAL ORGANIZATION: International Society of Arboriculture ATTACHMENT NO. -3/. Alden Kelley Curriculum Vitae - 2 FORENSIC CONSULTANT t 21-124 Time period: 1985 - 2005 More than 200 cases: 60% plaintiff, 40% defendant; 80 depositions; 62 court or mediation testimonies Subjects : Damages to trees Tree loss or damage: 67 (57 plaintiff; 10 defendant) Mismanagement: 3 (2 plaintiff, I defendant) View clearance: 12 (10 plaintiff; 2 defendant) Damages attributed to trees Hardscape damage: 18 (7 plaintiff, 11 defendant) Trip and fail: 35 (25 plaintiff; 10 defendant) Personal injury- 30 (14 ptaintif> 16 defendant) Wrongful death: 8 (3 plaintiff; 5 defendant) Misdesign: 4 (2 plaintiff; 2 defendant) Nuisance effects: 4 (1 plaintiff; 3 defendant) Miscellaneous (fire, flood, gas leak, etc.): 25 (6 plaintiff 19 defendant) Tree value appraisal methods used (court accepted) 1986-1989: International Society of Arboriculture; 6 cases 1990 - 1995: Replacement Cost Method; 34 cases 1996 - 2005: Replacement Equivalency Method; 42 cases Venues : Los Angeles County, Orange County; San Bernardino County; Riverside County; Santa Barbara County; Inyo County; Marin County. ATTACHMENT NO. .12-3-2- 0 • Alden Kelley Curriculum Vitae - 3 CONSULTING ARBORIST Time period: 1984 - 2005 More than 350 projects Clientele: homeowners homeowner associations corporations municipalities (city, county, state) insurance companies parks; historic preservation sites developers schools; libraries Functions : tree value appraisal; damage assessment tree management guidelines tree protection and preservation hazard tree analysis and treatment protocols tree relocation standards education professional standards and ratings tree roots, 'soil and hardscape analyses tree selection; landscape design analysis diagnosis of diseases, decline or death of trees Selected consulting projects: Parkway tree root/hardscape conflicts, City of Lakewood. Oak tree inventory, Lake Sherwood site, Woodland Hills. Aliso Viejo treescape design and substrate analysis. Survey of tree root/hardscape relationships of desert gum and silver dollar gum. Native tree stand analysis and relocation project, Foothill Ranch. Analysis of landscape design and management induced problems, Casta del Sol, Mission Viejo. Study of abnormal variegation in Myoporum foliage, southern California coastal areas. The value of urban greenbelts in Southern California. Treescape design and management analysis, Sony Pictures Studios and Tri-Star. Tree inventory and relocation program, Kaiser-Permanente, Fontana. Tree management; historic site preservation, The Village Green, Los Angeles. Tree preservation; long range,management/replacement, Dana Woods, Dana Point Tree condition analysis; management guidelines, Coto de Can Tree status assessment; corrective and maintenance procedures, Hope Household, North Hollywood Historic site protection /preservation projects City of Rancho Cucamonga 1986. Historic Preservation Survey of 60 palms and 353 eucalyptus trees designated as historic landmarks. Watts Towers, Watts 1988. Analysis of tree encroachment on walls and walks. Rancho'Los Alamitos Historic Ranch 1988. Tree and grounds survey and preservation recommendations. Minter House, Santa Ana 1989. Avocado tree protection and preservation. Historic Adobes, Santa Rosa Plateau Ecological Reserve 2000. Protection and preservation of Coast live oaks. The Village Green, Los Angeles 2000. Tree protection , preservation and replacement ATTACHMENT NO, 312'I D 0 Alden Kelley Curriculum Vitae - 4 CONSULTING ARBORIST Community services: Tree Society of Orange County: Arboriculture Chair; educational programs; tree planting and pruning workshops TreePeople: lecturer, information resource Fullerton Arboretum: Arborfest; fruit tree pruning demonstrations; tree plantings; Hispanic tree worker training program Xeriscape: lecturer University of California, Riverside: tree management seminars U.C. Cooperative Extension Service: seminar programs; lecturer Orange County E.M.AJParks System: lecturer, advisory functions Citizenlenvironmental groups and organizations: preservation and restoration of trees, tree stands and wildlife habitats (inventories, analyses, valuations, recommendations, conferences, public hearings) Master Gardener training program: instruction on tree selection and care Teaching experience : College level courses and adult education General biology Electron microscopy General botany Field techniques in botany Plant anatomy Evolution Plant physiology General horticulture Non-flowering plants Plant propagation Seminars (Various academic, proTessional and public service organizations in southern California) Pruning landscape trees Tree roots: structure, growth and management Selection of landscape tree species Tree planting operations Tree.value appraisal Troubleshooting tree problems Cost-effective tree management Relocation ofmature trees Decay in trees Hispanic tree worker training program Drought tolerant native plants for southern California Master Gardener training program -i ATTACHMENTNO.-1Z-3. 9 Alden Kelley Curriculum Vitae - 5 PRESENTATIONS TO PROFESSIONAL GROUPS 1985 How a tree gets its shape (Western Chapter, International Society of Arboriculture; Palm Springs) Proper tree maintenance (Mission Viejo Company; Mission Viejo) 1986 Trees and money (San Diego Turf and Landscape Conference; San Diego) Understanding decay in trees (Western Chapter, International Society ofArbo ricutture; Santa Barbara) Pruning: art or science? (Annual Turf and Landscape Conference; Anaheim) 1987 Maintenance of trees (Xeriscape'87; Santa Ana) Selection of trees (Home landscaping series; Metropolitan Water District; Riverside) Tree pruning (Caltrans tree maintenance staff:, Los Angeles) Maintenance of streetside trees (Tree maintenance staff Lakewood) A systematic method of troubleshooting your landscape problems (Third Annual Troubleshooting Seminar, University of California; Riverside) - Tree Care (Mission-Viejo Company; Mission Viejo) Oak Tree Diagnostic Clinic (U.C, Cooperative Extension Service; Ventura County) Tree - management (Seminar. Profitably Managing Muttihousing Landscape Dollars; University of California; Riverside) 1988 Understanding tree roots (Tree Management Seminar, University of California Cooperative Extension Service; Ventura County) A system for selecting appropriate trees based on soil, climate, space, pest and disease factors, maintenance costs and esthetics (Tree seminar Selecting Trees for Streets, Parks and Landscapes; Riverside) Problems and expenses resulting from selection of inappropriate trees for specific sites (Tree seminar. Selecting Trees for Streets, Parks and Landscapes; Riverside) 1989 A new approach to tree value appraisal (Street Tree Seminar/International Society of Arboriculture Tree Management Symposium: Living With Our Trees; Arcadia) Selection and management of trees (San Diego Xeriscape '89; San Diego) 1990 Pruning to reduce green waste (L.A. Recycling and Waste Reduction Division Workshop; Los Angeles) 1991 Pruning for tree health and increased property value (U. C. Cooperative Extension Short Course in Horticulture; Los Angeles, Buena Paik, San Bernardino) 1992 Successful tree production - an arborists viewpoint (Wholesale Nursery Production Seminar, Mt. San Antonio College; Walnut) A celebration of trees (California Association of Nurserymen, California State University; Fullerton) Tree management and developing standards for success (Tree Pruning Seminar, U.C. Riverside) 1993 Tree nutrition and fertilization (Arborist Certification Training Program; Riverside) Water management: trees in the landscape (Water Efficient Landscape Conference, Santa Clara Water District ; San Jose) Oak. growth and development as related to pruning practice (Oak Tree Maintenance Symposium, Descanso Gardens; La Canada-Flintridge) 1994 Pruning small trees: a different way to see trees (Western Chapter, International Society of Arboriculture/Street Tree Seminar Conference; Anaheim) ATTACHMENT NO2i L Alden Kelley Curriculum Vitae - 6 TREE MANAGEMENT GUIDELINES (leaflets prepared for distribution at seminars and to clients, professionals and others) 1984 Correct and incorrect pruning methods Best times to prune broadleaf trees in southern California Effects of pruning method on tree value 1985 How to specify and recognize quality pruning General specifications for pruning trees Evaluation of trees 1986 Tree value approximation: a method for estimating the real estate value of your trees Tree selection Tree species likely to damage hardscape Tree management _3 i i tL 21-128 The eucalyptus longhorn borer. what can we do about it? 1987 Maintenance of trees Tree selection: species Tree selection: specimens Selection of trees for streetside plantings A systematic method for troubleshooting your landscape problems 1988 Site preparation: a neglected essential in tree management Evaluation of trees by the PRC method 1989 One hundred trees for southern California landscapes Tree value appraisal why replacement cost is a more appropriate method than the I.S.A. formula method - 1990 Drought tolerant native trees and shrubs for southern California landscapes KAT program (Kids and Trees): guidelines for tree studies in elementary-schools Pruning effect on tree value: rough approximations Replacement cost as a basis for assessing value of landscape trees Space for roots Species ratings and rankings for landscape trees in four southern California plantclimate regions 1991 Condition rating correction factors in tree value assessment Holistic tree management: applied ecology...in landscapes as miniature ecosystems Replacement cost as a measure of tree value: standardized wholesale costs and prices for installation in ready-access areas Species ratings and condition ratings in tree value assessment Trees for small spaces: soil volume 1992 Small trees and tree-shrubs for southern California coastal landscapes (plantclimate zone 24) ATTACHMENT NO. Alden Kelley Curriculum vitae - 7 GUIDELINES, continued 1993 Mulches and top dressings Root corridors Soil ecosystems, soil chemistry, and root system enhancement 1994 Replacement equivalency method of tree value assessment Tree care: seeing the whole tree 1995 Ground cover species for plantclimate zone 22 Inspection of single-stem broadleaf shade trees in IS-gallon nursery containers Mycorrhizae Roots: structure, function, biomass, soil needs So many roots, so little space: what's a tree to do? Tree species for small spaces: plantclimate zone 22 Tree roots and sidewalkks; problems & solutions in Southern California cities 1997. Tree relocation standards 1998 Same tree, different appraisal values: how come? Sources of differences in tree appraisal values in damage claims Transplanting established trees: effective preservation or costly killing? Tree root systems and hardscape problems Pine pitch canker 1999 Tree species for space-limited parkway. strips: 3-5 foot parkway width: 30 feet or less in height and spread 2000 Street trees: guidelines for achieving maximum benefits at lowest Tong term cost 2001 Replacement Equivalency Method in damage assessment: rationale and methodology 2002 Pine trees: basic biology Growth rate adjustment for reference value 2003 REM log plot projections of wholesale value, 32 - 80 inch caliper 2004 Tree-value: a general guide for preliminary estimates Oleanders and Oleander leaf scorch: replacement shrub possibilities Colloidal silver treatment...: A concept for consideration in special cases ATTACHMENT NO.Zx21Y Alden Kelley Curriculum Vitae - 8 s .21-130 Publications: 1. Kelley, A.G. 1958. Floral induction in apples. M.S. Thesis, Iowa State University, Ames, IA. 2. Kelley, A.G. and S.N. Postlethwait. 1961. Fern gainetophytes as a tool for the study of morphogensis. Proc. Ind. Acad. Sci. (1960) 70:56-60. 3. Kelley,.A.G. and S.N. Postlethwait. 1962. Effects of 2-chloroethyltrimethylammonium chloride on fern gametophytes. Am. J. Bot. 49:779-786. 4. Kelley, A.G. 1962. Studies on morphogensis in gametophytes of Pteridium aquilinum (L.) Kuhn. 'Ph.D. Thesis, Purdue University, Lafayette, IN. 5. Mollenhauer, H.H., D.J. Morre and A.G. Kelley. 1965. The widespread occurrence of plant cytosomes resembling animal microbodies. Protoplasma 62(1):44-52. 6. Skvarla, LL.and A.G. Kelley. 1968. Rapid preparation of pollen and spore exines for electron microscopy.. Stain Tech. 43:139-144. 7. Skvarla, J.J. and A.G. Kelley. 1969. Fine structure'of Canna generous sporocytes: dictysomes. Pre- congress Conference on Pollen Physiology. 50th Annual Meeting, AAAS, Pacific Div. Aug. 18-23, 1969. Washington State University. 8. Skvarla, J.J. and A.G. Kelley. 1971. Dictyosome development during microsporogenesis in Canna generalis. In: J. Heslop-Harrison, ed. Pollen: Development and Physiology. Butterworths, London. 9. Kelley, A. 1985. Cost-effective tree care. 1. What is a tree worth? Orange County Apartment News 25(8):221t 10. Kelley, A. 1985. Cost-effective tree care. 2. The effect of the pruning method on tree value. Orange County Apartment News 25(9):13-14. 11. Kelley, A. 1985. Cost-effective tree care. 3. Selecting a reliable tree care service. Orange County Apartment News 25(10):19-20. 12. Kelley, A. 1985. Cost-effective tree care. 4. Specifications for tree pruning. Orange County Apartment News. 25(11):9ff. 13. Kelley, A. 1985. Cost-effective tree care. 5. How to recognize quality pruning. Orange County Apartment News. 25(12):35. 14. Kelley, A. 1985. Topping: the most expensive form of pruning. Arbor Age 5(11):20ff. 15. Kelley, A. 1987. City trees: are they worth it? Arbor Age 7(4):12if. 16. Sydnor, T.D., G. Watson and A. Kelley. 1988. Interim-transplanted blue spruce show improved branch, root development. The Landscape Contractor 29(7):14-15. 17. Degan, J., J. Frainie, A. Kelley and A. Remyn. 1989. Street trees suitable for southern California. (chart) Street Tree Seminars, Inc. 18. Mahoney, M.T., A.H. Remyn, M.P. Trotter, W.R. Trotter, A.G. Kelley, A.S. Epperson and M.E. Chamness, Eds. 1994 Street Trees Recommended for Southern California, Rev. Street Tree Seminars, Anaheim, CA. ATTACHMENT NO, -72.3g • a ENGINEERING COMPANY Transportation Division October 2, 2008 Mr. Tom Wilhelm KZ Holdings, LLC 19752 MacArthur Blvd, Suite 250 Irvine, California 92612 City of Huntington Beach OCT14 2008 SUBJECT: PARKING STUDY FOR PROPOSED CVS PHARMACY IN HUNTINGTON BEACH, CALIFORNIA (RICK ENGINEERING COMPANY JOB NUMBER 15478-A) Dear Mr. Wilhelm: The following letter has been prepared to determine the parking requirements for the proposed CVS site, located at the intersection of Goldenwest Street/McFadden Avenue in the City of Huntington Beach. Exhibit I shows the vicinity map of the project area. To accomplish this, the existing parking demand was evaluated at three comparable sites. The survey sites, peak days and periods of operation were provided by CVS and determined based on historical information and/or financial data, which are representative of the proposed facility and it's expected peak and daily parking demand. Exhibit 2 shows the site plan and parking configuration for the proposed CVS Pharmacy. DATA COLLECTION/RESEARCH/SITE INFORMATION The City of Huntington Beach's Development Code requirements for off-street parking spaces is i space per 200 square feet (or 5 spaces per 1,000 square feet) of gross floor area for the land use category of retail sales. However, this category is generic in nature and may not accurately represent the parking requirements for a more specific land use category such as a pharmacy. The proposed CVS Pharmacy development has a gross floor area of 14,670 square feet. Based on the Development Code requirement, 73 spaces are required, while the current site plan proposes 64 spaces. It is important to note that the Institute of Transportation Engineers "Parking Generation", 3d Edition publication, peak demand rates for 15 survey sites range from 0.79 to 3.67 per 1,000 square feet of gross floor area for a similar weekday period for a Pharmacy/Drugstore with a drive-thru window. To address the potential parking concerns at the new facility, existing parking counts at three sites near the proposed Goldenwest Street/McFadden Avenue site were conducted. The existing parking demand was counted every 15 minutes, between the hours of 4:00 p.m. and 8:00 p.m. on Monday, September 22nd and Tuesday, September 23rd at the following three comparable CVS Pharmacy sites: • CVS Pharmacy, 18872 Beach Boulevard, Huntington Beach, CA • CVS Pharmacy, 102 N. Main Street, Santa Ana, CA • CVS Pharmacy, 7065 La Palma Avenue, Buena Park, CA Attachment A shows an aerial of each existing comparable site surveyed. These comparable sites were surveyed to determine the actual peak parking demand for a CVS Pharmacy. These three comparable sites were selected because of their similar size and operational characteristics to the proposed CVS Pharmacy (all three sites included a drive-thru), and the parking areas for CVS facilities are somewhat separated from the parking for the adjacent uses. TM 5620 Friars Road - San Diego, California 92110.2596 - (619) 291 -0707 - FAX: (619) 291-4165 . rickengineering.com SAN DIEGO RIVERSIDE ORANGE SACRAMENTO PHOENIX TUCSON 21- 31 ATTACHMENT NO. '15. Mr. Tom Wilhelm October 2, 2008 Page 2 of 2 Table 1 shows the parking calculations for the individual surveyed sites-as well as the overall average of the three sites combined. Based on the parking analysis calculations , the average rate for spaces currently provided at the three sites range from 4.4 to 4.9 per 1,000 square feet of gross floor area with an average rate of 4.7 per 1,000 square feet of gross floor area for all the sites combined. This is slightly less than the 5 spaces per 1,000 square feet required in the City's Development Code. However, the maximum occupied spaces counted for the three sites ranged from 14 to 33 spaces with a peak demand rate ranging from approximately 1.0 to 2.2, and an average peak demand rate of 1.7 per 1,000 square feet of gross floor area. CONCLUSIONS Based on the results of the site-specific parking data collection and analysis conducted at the three comparable CVS Pharmacy locations, the following comments and recommendations are provided. • Based on the current site plan for the proposed CVS Pharmacy located at Goldenwest Street/McFadden Avenue in the City of Huntington Beach, 64 parking spaces are provided. • The City of Huntington Beach's Development Code requirements for off-street parking spaces is I space per 200 square feet (or 5 spaces per 1,000 square feet) of gross floor area for the land use catego ry of retail sales . However , this catego ry is generic in nature and may not accurately represent the parking requirements for a more specific land use such as pharmacy. • The maximum occupied spaces counted during any 15-minute period over the two days between the hours of 4:00 p.m. and 8:00 p.m. for the three comparable sites was 33 spaces, with a maximum peak parking demand rate of 2.2 per 1,000 square feet of gross floor area. • If the maximum peak parking demand rate of 2.2 were applied to the proposed 14,670 square foot CVS facility, 32 spaces would be required to accommodate the expected parking demand based on the surveys conducted at the three existing comparable sites. In conclusion , the 64 parking spaces provided for the proposed CVS Pharmacy site located at the intersection of Goldenwest Street/McFadden Avenue is sufficient for the expected peak and daily parking demand. Also, if the maximum peak parking demand rate of 2.2 were applied to the proposed 14,670 square foot CVS facility, 32 spaces would be required to accommodate the expected parking demand based on the surveys conducted at the three existing comparable sites. The proposed facility will provide twice as many spaces than the expected future demand. If you have any questions, please feel free to contact Brad Thornton or myself at (619) 291-0707. Sincerely, RICK ENGINEERING COMPANY Michael L. Kenney, PE, TE RCE #56661, Exp. 6/30/09 Associate mlk:blt:f les115478\text\t5478a.001.doc 21-132 ATTACHMENT NO. Iv,i 1 g ki{r d`a,o. rPa c8tCr,^^s' 41OPPAudz !%* 5JAMS•.151 ?':..j' i .....,.Hirone In, . >.<i. toI•- r' .• As o..a5 ;SJi1 6t °is Wool19 INS 3 `: , a ^ ;:' <: ! IP"`MPB, - f I. °-.•S it .'J,;-`RobSM U1•r'r T,ft1aiYggg -t.5y__....:........V .a a» l I__....... ti+VdS.. ,f- ..... . .. . _TS M•PuNdS is "00 ... _. _......V1 19fi8 Wei +VdSProthd In tep°Aul MY•Framesst •i, ;.2's IIJO $OgnVUOAWYiS u+u1 soape4aio 0 r MCFADDENAVENUE • rs. I lb a I ENGINEERING COMPANY EXHIBIT 2 SITE PLAN CVS PHARMACY PARKING STUDY yes A R vn_w.rwrnMtta -+•'+w.rb«lto .t.roceaa..:esc.sn omti-att -too wo7 cvs PHARMACY 14, )= S.F. ATTACHMENT NO, 21-134 Peak Time/Occupied SpacesPeak Tlme/Ooeupled SpacesPeak Time/OccupiedSpacesPeak T1rWOccupl ad SpacesPeak Time/Occupied SpacesPeak Time/Oc upred SpacesOccupiedOccupiedOccupiedOccupiedOccupiedOccupiedI)Rt5seesTimeSpacesTimeSpodeTimeSpacesI]=Spaces11101Spaces5:30247:30236:00338:15284:30146:159Peak Oompancy,44%Peak Occupancy43%Peak Occupancy46%Peak Occupancy38%Peak Occupancy20%Peak Occupancy13%AVG OtcU n34%AVG Occu35%AVG 0cc an37%AVG Occu29%AVG Occu10%AVG Occu am •8%Two day Peek Occupancy:Two day Peak Occupancy:Two day Peak Occupancy:OccupiedOccupiedOccupiedIt!SeamenQaxMMSpacesPMTimespacesl1ilEtf5:30 24Monday8.0033Monday4:3014MondayLocation: 7085 La Palma Avenue Buena Park Store Al 6837Location: '102 N, Main Street Santa Ana Store # 5841Locakon: 18872 Beach SoutavaMuntin ton Beech Stores 6782MondaTuesda MondaTuesda MondaTuesdaOccupied•OccupiedOccupiedOccupied OccupiedOccupiedLimaSoateelMMSeatsI1maSP4008nwSpaces733521531IL19Spaces4.0022400184.00304:00184:00114:0074:15194.15184:15284:15184:1514.44:1574 301 S4'30224:30264:30194:3014•4.3084:45174.45224.45204.45184:4584 45S5.00175100216:00185.00215.0055:0065:15236:15175:15185:15185.1585:1575.3024.45:30165.30315130235.3085:3035:45206:45185145295:45245:4575:4568.00186.00196.0033.48:00266.00116:0076:15228:15166:15236:15286.1556:15946:30176:30186.30256:30288.3056:30506:45186:45176:45316.45206:4526:4587.00157:00227:00277:00227.0057:0087:15177:15177:15307:15237:1527:1527:30187:30237:30307:30207:3047:3047:45177:46197:45297:45I87:4557.462Two day Peak Demand:Location Floor Space (tts): 12,281Peak Occupied Parking Spaces: 24Peak Occupied Spaces/Floor Space "0! 2.0Site Plan Informatldw.Location Floor Space (Its): 12,281Total Available Parking Spaces: 54Parking Spaces/Floor Space (ken: 4,4eAverage Location Floor Space (f1): 13,939Average Parking Spaces Provided: 66Average Current Rate for Spaces Provided: 4.7Average Two day Peak Demand Rate 1.7Table 1: Parkin Demand Anal sisTwo day Peak Demand:Location Floor Space (ft): 14,768Peak Occupied Parking Spaces: 33Peek Occupied Spaeea/Floor Space (MO: 2.2Site Plan information,Location Floor Space (ttt): 14,768Total Available Parking Spaces: 73Parking Spaces/Floor Space (ken: 4,9(Parking Spaces/ ksl)(Parking Spaces/ kst)Two day Peak Demand:Location Floor Space (tts): 14,768Peak Occupied Parking Spaces: 14-Peak Occupied Spaces/Floor Space (ks1): 0.9Site Plan Informatlon:Location Floor Space (tt'): 14,768TotalAvalable Parking Spaces: 71Parking Spaces/Floor Space (ken: 4.80N.= Data shown In the tables above was collected on Monday and Tuesday, September 22nd and 23rd 2008. 0 ATTACHMENT A ATTACHMENT N0.Itfk- I I N 0 NO SCALE D 2330 S. MAIN STREET, SANTA ANA ENGINEERING COMPANY STORE # 5841 R.\15.70 \Tro11l0%Pm*I1g51Wy\.tor.5..1. d5n VVfv_tmlvtlokSraaaras\Bmti.y_2006\wOrt.oao.\croleors\COrcSta._zoosso\roiorCOrasta._zoos_SO. o.n02-O CT-2000 15.71 ATTACHMENT NO.137 k N S NO SCALE a b 0 ENGINEERING COMPANY 18872 BEACH BLVD, HUNTINGTON BEACH STORE # 6782 R. \154T5 \T ro ff i*\Pwklcgstuoy\STORE6Taf2. don TrnlValokStaidwds\Oent Ny2006\.akepa \prolaots\Co pStd.2005-SO\I Plot\COrDStds_2005-SO. Pen02 0CT-2006 15.41 21-138 ATTACHMENT NO.13.0 0 NO SCALE I 4 t a 7065 LA PALMA AVENUE, BUENA PARK ENGINEERING COMPANY STORE # 5837 R,\1547a \7rOttlo\POrklnOStuoy\S70RE5 937.dtn .' rv_tM RiokNOndwd.\Osnt Lay-2008\.arksCOCSWrolwts\COrost 4s1005 _SO\101 ot\CorpStas _ZO 5_50. pan 02-OCT -2001 t5•I7 ATTACHMENT N®? INTENTIONALLY LEFT BLANK 0General Desi n Ob'ectivesThe design of each commercial project in Huntington Beach should:Contribute towards reinforcing or establishing a distinct architectural and environmental image for the district within which the project site is located Consider the scale, proportion and character of development in the surrounding area Establish attractive, inviting, imaginative and functional site arrangement of buildings and parking areas, and a high quality architectural and landscape designwhich provides for proper access, visibility and identity Facilitate and encourage pedestrian activity and mitigate existing adverse automobile oriented planning patterns Minimize excessive or incompatible impacts of noise, light, traffic and visual character• Preserve and incorporate natural amenities unique to the site such as ocean views, mature trees, etc. into the project development proposal Preserve and incorporate structures which are distinctive because of their age, cultural significance, or unique architectural style into the project developmentproposalSite Planninga. Commercial developments should be sensitive to their naturalsurroundings. Grading should be minimized by following thenatural contours as much as possible. Graded slopes shouldbe rounded and contoured to blend with the existing terrain.b. Grading should emphasize and accentuate scenic vistas andnatural landforms.XD:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.dbc•0 c. Large manufactured slopes should be avoided in favor ofseveral smaller slopes integrated throughout the project.Smaller slopes are less obtrusive, more easily vegetated andcan be used to add visual interest, preserve views and providevisual buffers where necessary.d. Significant natural vegetation should be retained andincorporated into the project.j( to s l" SSm a'rVOr+1 k%mfar- -OCI"kAa. The arrangement of structures, parking and circulation areasand open spaces should recognize the particularcharacteristics of the site and should relate to thesurrounding built environment in pattern, function, scale,character and materials. In developed areas, new projectsshould meet or exceed the standards of quality which havebeen set by surrounding development.b. Structures which are distinctive due to their age, culturalsignificance, or unique architectural style should bepreserved and incorporated in the project developmentto osal.c. Residential uses should be buffered from incompatiblecommercial development. Intensified landscaping, increasedsetbacks and appropriate building orientation should beutilized as a means of providing adequate separationbetween such land uses.d. Linkages (e.g walkways, common landscape areas, buildingorientation) between compatible commercial and residentialuses are encoura ed where a to riate.a.VA&Entry areas to commercial development should be enhancedby ornamental landscaping, decorative paving, raisedmedians, gateway structures, and monument signage.b. Main ent drives should extend from the street to the frontXD;\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d2cX. .........w.e.. • p••e e0 cross aisle and should include:• a median with a minimum 10-ft. wide clear landscaped areabetween the street and the first bisecting parking aisle a minimum 5-ft. wide sidewalk on each side of the driveway a minimum 10-ft. wide landscaped parkway on each side ofthe driveway a minimum 20-ft. wide decorative avin banda. Structure siting should take into consideration the context ofthe commercial area, the location of incompatible uses, thelocation of major traffic generators as well as the site'scharacteristics.b. The placement and design of structures should facilitate andencourage pedestrian activity and convey a visual link to thestreet and sidewalks.c. Whenever possible new structures should be clustered tocreate plazas and pedestrian malls and avoid the creation of"barracks-like" rows of structures. When clustering isimpractical, a visual link between separate structures shouldbe established. This link can be accomplished through theuse of an arcade s stem, trellis, or other o en structure.d. Parking shall not be permitted between the building and frontand exterior side property lines for a minimum 40% of thetotal project street frontage. Such siting in conjunction withsubstantial landscape treatment, enhances the streetscape, andcontributes in the screening of parking areas. This designsolution should be utilized in high pedestrian activity areasand alon auto-oriented corridors with less edestrian traffic.e. Site and design buildings on corner and mid-block parcels toestablish a strong tie to the street frontage. Buildings withan led corners or lazas are encoura ed at comer locations.1<xx.rww. w.9r r00D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.dbc tVhiciilarxAccesslgaieu,_ #qa. Site access and internal circulation should promote safety,efficiency, and convenience. Conflicts between vehicles andpedestrians should be avoided. Continuous circulationshould be provided throughout the site to the greatest extendpossible. Dead-end driveways should be minimized.Adequate areas for maneuvering, stacking, truck staging,loading and emergency vehicle access should beaccommodated on site.b. The number of site access points should be minimized andlocated as far as possible from street intersections. The use ofcommon or shared driveways is encouraged and in some casemay be required. Designs which encourage the use of streetsfor "internal circulation" should be avoided.c. Driveway entry locations should be coordinated withexisting or planned median openings and driveways on theo osite side of the roadwa .d. Parking lots should be designed with a clear hierarchy ofcirculation: major access drives with no direct access toparking spaces; major circulation drives with little or noparking; and parking aisles for direct access to parkingspaces. Loading and service areas should be provided withseparate access and circulation whenever possible.e. Parking should not dominate street frontages.f. Parking areas should be screened by buildings andlandsca in .g. Parking lots which accommodate a significant number ofvehicles should be divided into a series of connected smallerlots.h. Parking lots should be separated from buildings by a raisedwalkway (minimum 4 feet wide) and landscape stripminimum 7 feet wide .XxXXIle"a u.... ....0•D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d4c a. Placement of primary vehicle access points to the project sitein close proximity to major building entries should beavoided in order to minimize pedestrian and vehicularconflicts.b. Clearly defined pedestrian paths should be provided fromparking areas to primary building entrances and sidewalksalong the site's perimeter.c. Design parking areas so that pedestrians walk parallel tomoving cars. Minimize the need for pedestrians to crossparking aisles and landscape islands to reach buildingentries.d. Raised pathways, decorative paving, landscaping andbollards should be used to separate pedestrian paths fromvehicular circulation areas to the maximum extend ossible.1TIC OII:y' Yri >y>,`4',xxs, } .:.' :^13b1 licatit,1, • .`w7'i4s.`a. Commercial developments should incorporate plazas andcourtyards into their design. Primary access to public plazasand courtyards should be provided from the street.Secondary access may be provided from retail shops,restaurants, offices and other uses within the develo ment.b. Entries to the plazas and courtyards should be inviting andwell lit.c. Shade trees or architectural elements which provide shelter..a{ and relief from direct sunlight should be provided withinlazas and co ards.d. Landscaping, water features, and public art should beinco orated into laza and cou and desi n.e. Courtyards should be buffered from the street, parking areasfl ior drive aisles.z0Nr.4D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d5c1%..NN~0is a. Auxiliary structures and areas such as play areas and outdoordining areas should be integrated within the overall sitedesign. Play structures associated with commercial usesshould be enclosed and integrated within the buildingdesi n.a. Loading and delivery service areas should be located anddesigned to minimize their visibility, circulation conflictsand adverse noise im acts to the maximum feasible extent.b. Loading and delivery service areas should be screened withportions of the building, architectural wing walls, freestandingwalls and landsca e lantin .c. Loading and delivery areas should not be located in requiredsetback areas.XQ:''(ttili'ty;anilylGleeh'atcal,.Equent . ..:, ,.••x•,.;.., > ` '.fir - _ '..nrr-;.^.<:, <•'Tl.>..y z+y..t_.t\%si, vA.i ':-: .`~i'4 RN, .t .r Y11ca le.s ., ... ......r. •...Y(•• ,.,lxyr(.`,(.,. .. n. ,.n Aa. Utility and mechanical equipment (e.g. electric and gasmeters, electrical panels, transformers and junction boxes)should be screened from view. All screening devices shouldbe compatible with the architecture, materials and colors ofad'acentstructures.b. Transformers should not dominate the streetscape. Whentransformers are required to be installed adjacent to thestreet, they should be undergrounded.a.'eas-M'i-. *.:i9•s'• t+at1'_. :2 i n'Fi,iy iY,•M".TrashTrash storage must be enclosed within or adjacent to themain structure or located within separate freestandingenclosures.b Trash enclosures should be unobtrusive and convenientlyaccessible for trash collection but should not impedecirculation during loading operations.xY, fV w4P R , O au a u0D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d6c c. Trash enclosures should be located away from residentialuses to minimize nuisance to ad'acent ro erties,d. Trash and storage enclosures should be architecturallycompatible with the project design. Landscaping shall bet/incorporated into the design of trash enclosures to screenthem and deter graffiti.e. Cart storage should be integrated within the initial buildingand site design. Large freestanding enclosures orunscreened "cart corrals" are generally consideredunacce table.a. Wall/ fence design should complement the project'sarchitecture. Landscaping should be used to soften thea earance of wall surfaces.b. Walls should be offset every 50 ft. Landscape pockets alongthe wall should be rovided at re ular intervals.c. Solid walls with pilasters, decorative caps and offsets arerecommended for screening purposes. Low solid wallsegments with integrated landscaped planters are encouragedfor open space areas.d. Walls and fences within front and exterior side yards ofcommercial sites should be avoided._w.Y4 _00"TnnilV^yIiri -*Ws`k'IIIMY".'9`'l=da. Decorative paving should be incorporated into parking lotdesign, driveway entries, pedestrian walkways andcrosswalks.b. Paving materials should complement the architectural design.The use of stamped concrete, stone, brick, pavers, exposeda re ate, or colored concrete is encoura ed.Not.,;aaOr;1v .+.fiySY'1' Namgca le,,-r° . Zxcab e° M.' el ixxD:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.ddc 011a. The type and location of parking area and building lightingshould preclude direct glare onto adjoining property, streets,or skyward. Lighting systems should be designed for twooperating levels; a higher intensity lighting level for businessoperating hours and a reduced intensity level for non-o eratin hours.b. The design of the light fixtures and their structural supportshould be architecturally compatible with the theme of thedevelo ment.c. Pedestrian scale/decorative light fixtures are encouraged."Hi h mast" oles are discoura ed.a. Site amenities within a commercial setting should becoordinated in terms of color, materials and design in orderto convey a cohesive project appearance and distinctivecharacter.,k..,c%es :wi''*X°fi i.,r:.'+•,. ,... -,._.,,i:?z; . t.,F.-.+:?'=}AMRiy, .i ui : '4.a. Seating should be included in plaza and courtyard design.Where possible, seating should be provided in active andassive areas.a.Tree grates should be provided along street edges and plazaswhere a continuous walking surface is needed. Gratesshould be a minimum of four feet in diameter. Knockoutsmust be provided to enlarge the inside diameter to support alar er tree trunk as the tree rows.b. Tree guards should be provided to protect trees in highactivity areas. Tree guard design should be compatible withother site furnishings. Tree guards should be attached to thetree rate, welds should not be visible.D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d8cxiyfK.szrya rM1 nAYa.¢a"" ,Y`,yr,wr PnY r. r r. .. r yY r .eQiarlt'tr'sRnaks//'Mex will be.4r 3,rsticsPr' w\I t/tM'tiS G-JC CA.& 4v0 rnpa. Planters and pots should not obstruct pedestrian traffic flow.Consider placing pots in building recesses, at locationswhere access is discouraged and adjacent to blank walls torovide visual interest and color accents.b. Group similar sized planters in clusters to enrich streetscapesand lazas.c. Planter materials should compliment the project architecture.Use of cast stone and mason is encoura ed.H'o16'r"dsF4as,,.,:':,-na. Bollard design should be consistent with the overall projecttheme and should coordinate with other site furnishings.b. In locations where emergency access may be necessary,removable bollards should be considered.x<'.'4rr,,:+'.'.'e .£ '=:•v`c '.',-. ,.a„+=;;'y,,ew3';+r'i s.'z:.a:,"^`r:tit' ,-'' yr.i n g ' isww_v •" !- r.; S9fi°'h' 47i^ r`j rg,"W z i:.r'.ry r.c-c, :f::.=wi,4,.-;r:s,';..Y.r::h'°rr`;£. '?.e'r.'s':t;.>J%iiM.'x'#:;;ira.a.t,•.. ,-i'1 _0-9-101 .3. t.r!a. Trash receptacle design should coordinate with otherstreetsca e furnishin s.a. Bicycle rack design should be consistent with otherstreetscape furnishings. Use of "loop racks" and "ribbonbars" are encoura ed.<,a. Newspaper racks should be consolidated. Newspaper racklocations should not inhibit edestrian flow.b. Newspaper rack design should incorporate masonry and/ormetal elements that com liment other streetsca e fumishin s.xD:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.°dPAWn"tCINP0 0 U. w4,..0 n2va ray t. +txra;,q jxf,rty.iF' F\y',:,``A"iiRl.e< 'x,° •. 1 xf Y`' +j'r2 ^a. Kiosks, bulletin boards and directories should be providednear vehicular and pedestrian entrances to multi-tenantcommercial develo ments.b. Directory and bulletin board siting should maximize theirvisibility while minimizing the potential for creating a traffichazard.c. Kiosk design should be consistent with the architecturaltheme of the develo ment and other site furnishin s.Bi s Sliyeltier 'a. Bus shelters should be compatible with streetscape furnitureand the architectural s le of ad'acent buildin s,b. Bus shelters should be designed to provide unobstructedvisibili into the shelter.Architectural Guidelinesa. No particular architectural "style" is required for commercialstructures. High quality, innovative and imaginativearchitecture is encouraged.b. The use of standardized "corporate" architectural stylesassociated with franchises is discouraged. Site specificdesign solutions are encouraged.c. The selected architectural style/ design should considercompatibility with surrounding character, includingharmonious building style, form, size, color, materials androofline. In developed areas infill projects should meet orexceed the standards of quality which have been set bysurroundin develo ment.d. The designer is expected to employ variations in form,building details and siting in order to create visual interest.In all cases the selected architectural s le should beXXxD:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d&I 'WThti Y50c. S11W._4AOI1 -h4' b -tw_ each iiJ(ytixnw,t,,11\ •• 6th'6^MQ.1'C.tI. 0.'d rGti&p,y}.}#a(.Jhake,, C'te A+% . e}yIe, -Mvallows Ior+. oreytt kct•1.Ird1l:T$N y.. lk.oowabN 11 ruitis+-tMah insu-r•1 +1Pe5W e, de<: on to i1cx.S{Y Ic/'W IN0.i A ,Slb\Mp(i.4 ,hi\a, aweLh' a,erVow txr ' 5 o b3aca^'1•ILS,'ant pgm?aok- t`o4-1tw, u y {y aea,AJfi1w4, AIA 014" }6wtyhisnttsatyone, VD1__ *At"way Mstns v4bvliaM3,{vwl• M 4 «0i em to ed on all buildin elevations.+aara'vsaifta. Buildings should be divided in distinct massing elements.Building facades should be articulated with architecturalelements and details. Vertical and horizontal offsets shouldbe provided to minimize building bulk.b. Variable building facades along linear street frontages areencouraged.c. Arcades trellises and other open structures should be utilizedto visually and physically link buildings and provideconnections to adjacent sidewalks.d. The siting and design of "anchor buildings" for major tenantsshould balance rather to overwhelm minor tenant structures.e. Building entries should be readily identifiable. Use recessprojections, columns and other distinctive materials andcolors to articulate entries.f. All wall surfaces visible to the public should bearchitecturally enhanced.g.Nearly vertical, mansard or pitched roofs should be avoided.h. Vertical architectural elements such as towers should be usedas focal oints.i. Stairways should be designed as an integral part of thebuilding architecture. Boldly-projecting stairways thatcomplement the architectural massing and form ofcommercial buildings are encouragedJ.Gutters and downspouts should be concealed, unlessdesi ned as a decorative architectural feature.k. All mechanical equipment should be screened from view ofpublic streets, neighboring properties, and nearby higherbuildin s.AxxXX/`D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.ddcir X1.r •e1'1p4/CY'J tb f3,7•QyY•q/pctrapel-"rLet(.L-qtt, to =..efor.kdV( 61yib t 44d aec s . b. td-e,4w.cC.le,Jv..rtarttsytat bW% tHt ltr cfc•Lc..s.sb*W. P' &Mis C4 tvcs+wl vb"aw.w.;-t ovW'wW `i dei.4) s µr.6''OVt.44Navtd.axtJNtM1 a-•Ht.o3rtw -ti,.t,-crsct+wT?V, ea fsq 4 we,ipr dIa nhara flit h upper acn d f-Vfdq.tsLr4r'1 w"y_pt,4.i udd+wo2 -lo g re.tnb.. CCU w$ 84 ,dtrMtotw cstoradaco.•4 "-'awQS,a'd S*fc..,u1„scQYraddrcwt 1t w 4 "he tYefitu 1UekaV-MCI ded *fC. em y•#owcr- ".1 ovra.ti1v1.A%% r-oa -arurw.g. t,NOtkµlt2ac.'c: cat.takL ftatnrrrt.vtt+v.All rvDf* "tP"'61+'r`1'''b:Pt vitw Wl.J' '_ nc.t«., ap• w•w•wr ••••.•..••aw Mw•..e na 0•w w..rrOq oo a ;w. .0s '.%.CJtY" -4'n` c,X?'.aF , ,,+.,1,,M: r .;_Y ",''."J 64:`.ti. .. .,.. ,+ •ir't"';',rn..:: ;'`:. •°.;.,ek= *..:,it. ° `4E;fY:ierl.Stk'atVli:''•`.. .,ti};c ;:P.;y;.". ,-a,...e.-. -:.:s,•.,:+isY',.'' : -r7r' ''•.s- `atix.' } ..`.:'>,-.'\•`' is=• %-i"•'. .a,,•;=^^..1.SryS;gi: dv.':••Esl"k.'` xA'.:, '•w'• ° '' ',wa. The size and location of doors and windows should relate tothe scale and proportions of the building elevation on whichthe are located.4BtililiiMterlalstaiil€Colors,,, „a. Corporate franchise tenant buildings should utilize colorsand materials which are complementary to the overall designtheme and consistent with the colors/ materials palette forthe commercial develo ment.b. Exposed gutters should be colored to match fascia or wallmaterials. Exposed downspouts should be colored to matchthe surface to which they are attached.Landsca in Guidelinesa. Landscaping should enhance the quality of commercialdevelopments by framing and softening the appearance ofstructures, defining site functions, screening undesirableviews and bufferin incom atible uses.b. Landscaped areas should generally incorporate plantingutilizing a three tiered system: 1) grasses and ground covers,2) shrubs and vines, and 3) trees. All areas not covered bystructures, service yards, walkways, driveways, and parkingspaces should be landscaped, in accordance with CityOrdinance re uirements.cCSP.. ks jS A„ ty}t wWNwlAIYAStlT QC{'Wk'tlH d c itti^« i{:Znwl desTq h l1t.laKdscte. yf \ v 41 zp, a.4- sic tb,tawfi`,cove.r;03avtol, vt Scl v oY ci;20k wr'Itn lctscapa-.wY=w. w Maff rna cwrr0D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d2c IN.Qc. The following design concepts should be utilized in allproject design: Specimen trees (36-inch box or more) in informal groupingsor rows at major focal points Use of flowering vines both on walls and arbors or trellises Use of planting to create shadow and patterns against walls Use of planting to soften building lines and emphasize thepositive features of the site Trees to create canopy and shade, especially in parking areasand passive open space areasBerms, plantings, and walls to screen parking lots, trashenclosures, stora e areas utili boxes etc.d. Trees generally should be placed as follows: A minimum of 8 ft. between center of trees and edge ofdriveway, 6 ft. from water meter or gas meter and sewerlaterals A minimum of 25-ft. between center of trees and point ofintersection of the edge of driveways and streets orwalkways A minimum of 15-ft. between center of trees or large shrubsto utility poles/street lights A minimum of 8-ft. between center of trees or large shrubsand fire hydrants, fire department sprinklers, standpipeconnectionsD:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.dc2cQrflae.c lahdreed.Srq„v'1''` 221 Sz.Ytru I 4A.v5 6 ''hoX•1'Y4e.s (14orm"111Isfam .),saver.)ne j p-`Ntm•tes, c SeYtrct) r-04e kdt)r §runs?lanrno4vrtrt0'N^N VtNCS wlli4iused f.r t S+ St,it wa II.+- d lu scupQ JeS J+1t l'l'`"rsldr sltia 4_'6'V Osyiuw-, ro I.dr Rnd tc,r4VIr-iland.w" oCwet 5, avidvl lieu cutiopy to e«pkutze,Mt\MWLV \-tre&l S2Nuwlc..$tN. N bt,or cM t t,rt "h4k,,,\ le %ax-) IcLorl' -e1ro%- ku.4Wtx1.aaauaa a++ n na M aM. ai0 .- -c., .t•``ia'3 4icrR.: :!i:YSv"s'."A> ,aA.sx3zx. aatt+,.-I "*I a Y .tAhl' ' Y h am`Zx IW,'AA ll0 b. t. .1. r _&,A w 0<)Y• .'\ n0., p\il1QStS'1 y t1b•OA• » ww •• w w w•wYaAaU• wNa *4t'.tt. Sti{-pdceou- tcyk 4» .Yworrvtrtu,w•wYwYwYAwwa•YaSA Ai. Use of vines and climbing plants on buildings, trellises, and 'F1,nu1 pt&w %A des; ., L.`llrivatel owned erimeter walls is encoura ed. x (onsio-ot1 glewtat4 `rpt i.1j. Landscaping should be in scale with adjacent buildings andbe of appropriate size at maturity to accomplish its intendedgoals. Xe. Trees or large shrubs should not be planted under overheadlines or over underground utilities if their growth willinterfere with the installation or maintenance of theseutilities.f. Landscaping materials should be spaced so that they do notinterfere with the lighting of the premises or restrict access -xto emergency apparatus such as fire hydrants or fire alarmsboxes.g. Existing healthy mature trees should be preserved andinco orated into the overall landsca in Ian.h. Gravel, or astroturf, is not allowed as a substitute for plantmaterials.k. Landscaping should be protected from vehicular andpedestrian encroachment by raised planting surfaces.Concrete step-off areas should be provided in landscapelanters ad'acentto arkin s aces.1. Landscaping around the entire base of buildings is encouraged tosoften the ed e between arkin lot and the structure.X0a.Parking lot landscaping should accent driveways, frame thema'or circulation aisles, and hi hli ht edestrian athwa s.D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.ds Parking for more than 250 parking spaces shall providecontinuous landscape planting strips between every row ofparking and should be planted with shade trees low shrubsand groundcover at a minimum distance of 35-ft on center.These landscaping areas should provide a minimum of 7-ft.clear plantable width and shall be protected by a 6-inch highcurb and a 12-inch wide concrete or comparable hardscapematerial mow stri on both sides.c. Parking for more than 250 parking spaces shall providelandscaping islands with minimum 500 sq. ft. of plantablearea and 7-ft. wide clear plantable width at the end ofparking rows. These landscaping areas should be plantedwith shade trees, low shrubs and groundcover and should beprotected by a 6-inch high curb on all sides and a 12-inchwide concrete ste -off area ad'acent to arkin s aces.d. Parking for more than 250 parking spaces shall provideinterior planting islands with minimum 135 sq. ft. ofplantable area every 10 parking spaces. These landscapingareas should be planted with shade trees, low shrubs andgroundcover and should be protected by a 6-inch high curbon all sides and a 12-inch wide concrete step-off areaad'acentto arkin s aces,e. All parking lot street frontages for lots with more than 250parking spaces should be screened by landscaping.Screening materials should provide a clear line of sightbetween 32 inches and 5 ft. above grade. Parking lotlandscape screening should be implemented by utilizing oneor a combination of the following: a maximum 32-inch high evergreen hedge, to create a solidhedge•a maximum 32-inch high earth berm with a slope no greaterthan 3.5:1 non-deciduous (evergreen) trees planted at a distance of 35ft. on center. Trees should be a minimum 36-inch boxcontainer size or as recommended b conditions of a royald'tIan'seaii''#?y d. w 4 ^_F _1!^"9c`?s'e. nS1K!6 .=No:..4 a::w.,rrqd4 w W HO--0D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.dde xz, lr;__?t_sCAN,% ','Y'' ''`u' .'',`" ;'x + l{ "` ;,by' ,.q,'? , • „l 1 ..AxTsA+ui, `. ' ,x`',,„ a •'r,>.' x `Yy,s fiaa-r r,=: - ra. All slopes to be constructed at a gradient steeper than 6:1horizontal to vertical and with a vertical height of three feetor greater, shall be revegetated within 30 days of completionof radin .b. All slopes should be covered with herbaceous or prostrateshrubb round covers.c. All plant materials should be appropriate to the siteconditions, water conserving and appropriately spaced tocontrol soil erosion.d. Trees, shrubs, and ground covers should be planted inundulating massings and groupings to reduce the constrictedcharacter of manufactured slo es.e. Revegetation on permanent slopes should include permanentirri ation s stems.a. All young trees should be securely staked with doublestaking and/or guy-wires. Root barriers shall be required forany tree placed in paved or other locations where roots coulddama e ad'acent avin curb surfaces.b. Automatic sprinkler controllers should be installed to ensurethat landscaped areas will be watered properly. Backflowpreventors and anti-siphon valves should be provided inaccordance with current codes.c. Sprinkler heads and risers should be protected from carXbumpers. "Pop-up" heads should be used near curbs and )Csidewalks.d. The landscape irrigation system should be designed to prevent xrun-off and overs ra .e. All irrigation systems should be designed to reduce vandalismXb lacin controls in a ro riate enclosures.1-1La a4copt.TVAnfnc.ifr uiw ('WA wtttackteytiall %vt~64nan4:i 4r4aW0t b. i rr{ (.+1&i 'Ar ct.4 'i u t .w......N M . r . w •• er.r.w • wr.•• r.rruo nD:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.ddc Public Safet Throu h Desi n-!:3.}{{ 'xs4:ty,.,,yd A 4y4•A..'..i:7f..ti d 't.y. N.• . tih['.o 'lL,eSiei'i?z;,'s" 'fw'' ioY> "•%'lt' +l; x'.K'.,s,`i'`xK;."''X''r-Y.Y 2`6„^'tom,",'a. Electronic surveillance and security hardware should be asinvisible and unobtrusive as possible. If security grilles arenecessary, they should be architecturally integrated withinthe overall building design theme. The use of scissor grillesis strongly discouraged.b. Lighting should be designed to satisfy functional anddecorative needs. Security lighting should be designed aspart of an overall lighting plan rather than as single standalone elements.c. Safety behind buildings should be ensured through: 1)adequate security lighting for parking areas and pedestrianways; 2) limited access (walls, fences, gates, shrubs); 3)signage; 4) introduction of activities (e.g., rear entrances forcommercial activities) that increase surveillance; 5)surveillance through windows or with cameras; and 6)ongoing maintenance of storage areas and alleys.d. Storefront lighting should complement the architectural styleof the building while providing illumination of buildingfacades and entrances.e. Lighting should be sufficient for sidewalk and streetillumination. Pedestrian scale lighting fixtures that providegood levels of lighting are encouraged.f. Window signage should be installed in a manner thatprovides clear and unobstructed view of the interior of thebusiness establishment from the sidewalk.. . w.wr»w wr..nq no n.w r•D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter 4Checklist rev 3-02.d6c g. Building address numbers should be visible from the publicright-of-way.h. Landscaping should be planted and maintained to allowvisibili and eliminate areas of otential criminal activi .i. Delineate the separation between public and private spaceswith paving, building materials, grade separations or withh sical barriers such as landsca in .Applicant Signature:Date:_l_7___. r ,. , r r•D:\Documents and Settings\grantp\Desktop\Web Site PDF\Chapter Checklist rev 3-02.d& • CVS PHARMACY GREEN BUILDING FEATURES LEED Catego ry Points GREEN BUILDING Comments ,tj ='1`_'S'`eni3 ;k ,: -.,t ;•s,"1"ki"C'O,{..z '. iii ', 1oir::''a'.t= =::;«s' i5 i .;'i? -',go' SS PREREQUISITE - Construction 1Activity Pollution Protection SS CREDIT I - Site Selection I SS CREDIT 4.1 - Alternative 1Transportation, Public Transit Access SS CREDIT 4.2 - Alternative 1Transportation, Bi cle Friendt SS CREDIT 4 4 - Alternative.1Transportation, Parking Capacity SS CREDIT 7.2 - Heat Island Effect ,IRoof Cate o Credit Subtotal 6 WATER EFFICIENCY WE CREDIT 1.1 - Water Efficient 1Landscaping, Reduce by 50% WE CREDIT 3.1 - Water Use 1Reduction, 20% Reduction Category Credit Subtotal 2 ENERGY AND ATMOSPHERE EA PREREQUISITE 2 - Minimum IEnergy Performance EA PREREQUISITE 3 - Fundamental 1Refrigeration Management EA CREDIT 1 - Optimize Energy Performance (14% for new buildings 1 for 2 points) Category Credit Subtotal 3 MATERIALS AND RESOURCES MR PREREQUISITE I - Storage and 1Collection of Recyclables MR CREDIT 2.1 - Construction Waste Management, Divert 50% from 1 Disposal MR CREDIT 3.1 - Materials Reuse 5% 1 MR CREDIT 5.1 - Local/Regional Materials, 10% Extracted, Processed & I Manufactured Local[ Category Credit Subtotal 4 • City of Huntington Beach OCT 3 0 2008 '; "i+1,ry+ 2^ ^!tiP ff, -1. s" s`.4Yt'uy,tn yh\t..^ct cx,.. Project will meet Erosion and Sedimentation Control Credit allowed- not prime farm land, in flood plain, within 100 feet of wetlands, within 50 feet of lake or stream or a part of a public parkland. Project to be located within 1/2 mile of an existing urban or suburban bus routes -complies with this credit. Bicycle rack provided for 5% of users per city code as well Provide preferred parking for van or carpooling (set aside) spaces for 5% of building users. Utilize PVC or TPO single ply roof materials that have a Solar Reflective Index (SRI) of 78 or better. Use indigenous and drought-tolerant plants -existing trees protected in place reduces initial watering requirements Utilize water efficient fixtures such as ultra low-flow lays, water closets and waterless urinals for building users and reduce occupancy-based potable water consumption by 20% compared to 1992 EPA baseline standards. Project to meet the mandatory or prescriptive requirements of ASHRAE\ IESNA 90.1-2004. All refrigerants provided for HVAC systems shall be CFC free. ENERGY MANAGEMENT SYSTEM for HVAC and all lighting building exceeds ASHRAE 90.1-2004 by 10%. Plans to indicate set aside area for recyclables including: paper, cardboard, glass, plastic and metals storage (Pharmacy and\or Receiving Area). Recycled site materials to be measured by weight or volume. 2 dumpster system during construction Project will use salvaged, reused, or refurbished materials including furniture for 5% of the value of the entire project, Steel, masonry, ceiling tile, asphalt base materials have recycled content Project incorporates percentage of regional materials/products. ATTACHMENT NO.2 LEED Category Points GREEN BUILDING Comments ENVIRONMENTAL QUALITY EQ PREREQUISITE 1 - Minimum IAQ Performance EQ PREREQUISITE 2 - Environmental Tobacco Smoke (ETS) Control EQ CREDIT 4.1 - Low-Emitting Materials, Adhesives and Sealants EQ CREDIT 4.2 - Low-Emitting Materials, Paints and Coatin s EQ CREDIT 4.3 - Low-Emitting Materials, Carpet Systems I Y=.3=lY`"-.'..-.y-:.-....;•;J-.SrL:iti an_:'•Sx;r's:.c. rs T'?t;:'E'-';is?k:ill'!J5:°r:.1"?4'ia-'.`iyl .:JrE+ihhY1,i Building ventilation to conform to ASHRAE 62.1-2004, Sections 4 through 7 as a minimum. 1 Building to be no smoking during construction and after occupancy- Utilize low VOC emissions for each adhesive and sealant used inside the I building. Developer to provide actual submittals to meet tabular 1 requirements of LEED v. 2.2. Utilize low or zero VOC emissions for each paint and coating type used inside the building. Utilize carpet tile that meets the Carpet and Rug Institute (CRI) Green Label 1 program and all carpet adhesives have VOC emissions of less than 50g/L. Carpet vendor is "Interface" is a leader in the sustainable movement Category Credit Subtotal 5 INNOVATION AND DESIGN PROCESS DE CREDIT 1.1 - Innovation in Design I Category Credit Subtotal I Overall Credit Total 21 Provide recycling program for pharmaceuticals and\ or other customer packaging items. 21-160 ATTACHMENT NO, 19 - ATTACHMENT #5 INTENTIONALLY LEFT BLANK rPROJECT SUMMARY:°4D°rixoirof 0551 1°0300 30.30 n Ta"rnv' n " r%roiarTw .iiii11amLa195119nnv 2010011 K5999 fr1(0.EXISTING LAND INFORMATIONYY1F4AI 0(110 L1109 0019WUl1445014 A010E 0163.0.00.0 M M YUnT 0-10l Oi fE IAI T fSEC1040 1919940 o(1t i4Od 4b 100095. 0 I1E 0100 a M 00111 N(m90F1 O9 010X40 COMB.IA1(II 11109 LPN NS9 911121 0T C011E4(OlM 001D0116T 40051DEVELOPMENT DATA PARCELA'190049 M- 110011 334900111 1400OSRF 161 00104. 5011 101101»TA9 r111161.n O9ailF0 M mo001016 99-I4.01ifJ»Ri 0.f•Y4Aa4N b/MY 6L 404 S1L 4IrMJ{IIXOMp B0 Olla s IK RYYI(u®N10r o QMQ 0YYS40AP I0E /MSMIAtI®1FDVSI////bppSrIlKQ!l1(E?JSNMI MD1MI016pI/nplOFOONwool11016610R9MLL M'»0.11101100(_11T 6 Rp 140Am1 J 111019/699»AMIO YAr 11 MK NM OM SOIA9 M T.%1314bIDFtr S1G6 •sIFA1LLO»3'A0 x110194.AM1 oxSrRSr ?11133 30 T. 114 FiSI tN K rA.N1a /K OQtAaO p M Suer AA501410 N[!lr [av00YI 0001111 A0M0. 00149 A 0aI K II1W 10010110 1050 q2A510014 .1119040 LAIr (1 0*0X 0101 710./ro/1EJfK}} 99r10p1101 3 1 0 511 aMSMtJl1'ry 002Jp/101(DX01flr3TJ 451YLMLG x0005011 M• 1101 1 Mr 1300.1995 99.10 rK 1100 M sw 4110 rASLOT omQ.gESrr(I•sm rover x»o ne410-Ara )5I)01000W 100 rAS x540i70lKidFKlSllf`VJIMSI! s"_..-m1LOT AREA DATA TABLENa Allx, 4Gi 4*9* 01*41.50 0C 100EAlw(xou 5s.» m 5101ZONING INFORMATIONK 9919-sm 111300DEVELOPMENT SUMMARYmmA•5gc44cwt1t10BOLLm4ozru4LIT 3030v0.L M 90 R. Y0LIF400 R•\5991 1+499 1131.9 911. 9 R1009000 1 QT941100. s11QTf 99611 MAA 103115 6 rt. i1 R a9 so sr, m o ?urn Sr9LL 0000140 w 00 10111 9 11NF1 114 4141OOE`IIAno ss000 9NSRYIMJ IO9 00891 14Yn Al01090» rt01i -$T00I 111010 501(00 01 AI 11094110 IN10401300 v x0314 Lou 9 Sro•xYE34E0.•YFXI0019E 94N41»A5 0'15101 54415 AS 03000114105 4 0.01 00902BI01001410010094 Cr109 60.19 30110091100 1141. 1110 56 1019000 4ID 1001Toll /4950 (04(00 191(5.1300s OE(15404((0ULcYSIIA NlToN it l LL/1W0900.190430Alit V (TOTAL 019.0190» M 10TAL 1004 015010194 5804 w S R111\7 1010 x1305 u ss srUTILITY INFORMATION111111110 Ov00A511IY®9911 I7 AO 10110 Ott 5[•04 0005:3 15rYU6r901044 .9959\0 019 51119 14RICKENGINEER OF WORKilfl00 t600R0900[001 [011000 104S OM 9(1111540»?C E.9490m904a9104»1w9111 450190101Ex PLEX PtNB9JZl9wPARCAEL $ ..i..s1..1430» 30030 3005 M. 1114 r N.u1400 0. COCOa0 .94 94.33009 415PRELIMINARY SITE PLAN/GRADING PLAN/LANDSCAPE PLAN/ARCHITECTURAL PLAN FOR:CVS/ PHARMACYCITY OF HUNTINGTON BEACH.1920130 e0040u0A.0Y0wv1(N00T01 BGOIV7CJM/7YAt4PMCFADDEN AVENUE10]tOV(REMAINDER)GOLDEN WEST COLLEGEAPN 142-072-01AREA-.37.26 AD.•011 wwN94rrU\I 1100401.4 Wv90s111 W6Ar9001N55090101EEX PL11512GENERAL NOTES05(41014 MITA1E950.11?MS 5441000040 P9 0110 5/00094>04 450 RO 0 v11o6 0» nx NA9sxAwMlW00YO04100 04 06 0 T[ iL149 (c»f TU O0N4 0 rwA a"tl 0. 410A.00tf4W NbO0 P000*001 (39 00100 119090001 104 90(3400110 Ns 109 0 Rolm TO MLON 04 All 119 A40w114M1-1 39139 of A 7001519 41.a411 14411. 101E011111$ ILls. 0 100 -.9 0000M9K 1O 7001 NF00 C011YF3190 01GTi 1: 1001?.00tl f9A4»at•PM.4t1'Arw- f • •• • •404,1019101 01101 -s0- •104101/01M• •111.4 009951 33004 30014 051110• Al10 1119 99 015 0 0(0 004 001914 011041-• • • • .*as20000 Mt000*1 m0*0 -- A,702.100. 101POST CONSTRUCTION BMP'SOL10011[111 00(11115 00.11P9a01510101411 01111996101)0001100R1401M 01? 000®1.14090 099 0010009 9.0180160145414 0 169114110 05000 004 991311 1(9»019490001199119199 014114 1119 •14 V 001599 100500001019ram a 911 915 Gera 1050(1.1? •05501 9nnAn030006. 001 4000PLEn 1/000/000 9(0 40000.1 11900.0014100000 /415101(4 9(01 9 P1950D 10 iK99a1010N 09 1 011 00009 00(1005 200 01004100 001010 9 011100? 1009'01110ml1FLr6 ITW1 000 0 M 0MF0pr5TI00 4 0910 0090.M.nY6 1109 994E ra AYOUrt • m 10*00 T9 0 M 4010011 100 M ONE? WOOR 01» 0MKE R00A MXL 01010/4 149 4f us 0040 d slaws 0[0100079194904 151100 0. 00 190091 00 101050nE3EL 9111 ••e1E1I0 l01Ef5154.0.11679MN611444 090034 LLT9NAIK 0004 14 40991100 9550 0(00140 1011114. 0490000. 199 14014641?wrml.4 =tp 956Ew Y1N•1SL1.A99 030051 MALL79 0u0(il WI1 [0000 9119E 000110 99909001419110EARTHWORK QUANTITIESmL • 9200 90ILL 1(04 Cri•5 01090341 • 3.990 91(-1i03 0 A 049 09(0.10(0019 00 995040 V T4410 50191 o 41191954.2150040041005 00103. 110104 0400410 0 4x004 U LL 5TARE50144:0050.01001V 49.110X01 Y0. 010•.41.SOURCE OF TOPOGRAPHYM 0P04A01 0000»(44 0 10510 (0 0 104T000UM0 11010401(9001.f lAl• tUM[1(9D W 0110999BASIS OF BEARINGI.1 y4 041110151910 0.V0GGLEa915 c04000n 05110 0111 SLfJ Tu 4 llPT FA 10.44/ AT 00039521 • 1447AM0 901 115400. M 14137M 10I(• 54YAf 40440L119L0. 10000 0- 1001 000114 fRTFJA 01 041001 41A0001439 FET.• 149710 159 • far.(8(50101100fImEE99BN4 YMf/0![Of WT 4BENCHMARKM 590090 P09 104 010(1 • M 5-4100ALI.IL04041MN 000 •1020 •11* 41 05 Om11WEn P431 1.015300AT0T1.M 0000103?I (0109 LA.1l4r,IfJLGO ao 0014NOa-60 5n1W MTX.LL 190190. 49A 5»ET.0.110109 1 50.33? 50»1SYMBOL•ellvveeIf» • • •INDEX OF 5115439maLIJI EIMV (10'01 1R4`m•ypC4411IN9IG.VFf/A04Qg000LL8001 R • 4-fd W aivsnaN '-i u-JpOWNER/SUBDIVIDERmA»9}04W500.10111004 mots $01901 0010 MJnC09A 650.4 1111)DEVELOPERu 9641 uc1499r15p94. 4NAwnQ 59.5410 159mx1AE1101 9100 04!0»-1000ARCHITECTv4ra 479sssuo"'inl°u""4dros i 1114SOBS ENGINEERH NM T OOmL10BfLOf 400105.10 00310ABBREVIATIONSolAmFL1- 4 81404911( 0040r0HF4?M1070t 9A104.P .° •0u0 040 0C 0 40149ILEMp0}E5.41T- F01YJn4 91050 404P.•pv4 f7P.... n 02&RrB4ar•s711.0 AB9r9x01109 1 m70110500.1x19 99101•N.N•001.08-08000••1 w.. 11.20.07OEIJ LEGAL DE CIdM7W -MACES A'MMC A P•l0E• 00 M 101TMIST 0.010110 OT TIEM NST 5010110 aryS,EC1gNw foroo.a0 *104r N °Ebt'IIf;1Oggf'.N;VOT, "!k[.410 MMY'd•t°ppu4qA°U3EwN2 "05x1°. °wMT1"14 wwr%CJEIED Y fOLLOSLB[CNIIIO Ar L r4M0 M AAL 0405 TAI nxvm iSOMm l.TR 6 s.• 0411 TOO 50010.NT01 4 PONE 410. StEYPPU M w41Frr oP2116°%OXT401V N0. DATA 4°6EEOm- IONfTQT TO 110050 0001 Al 144 11 !°t.ra1M2i AOUf OlOY011 01*004. s°41OY Pq 101°.irea un warn°z'uearw,anae'•,zzya•"rsrwrOL01 x ° "mrxc°Dan`cr"aanm r; ca .10000500 M°.1m M soon RSL r.a z TusDar 11005T. Al50101041 ASOPO 1Afl 1510 S4JTEPOSITl,aTIC IE,O,0°¢r41GF411 00."0010 SFWT.NOanc of Sw '1010: wbi14N k MILVAJ aFmw•11za•A •sTA1EE or °na°FaE°ae°m w s:4M a4nx LFE a 0.105lr.z1100 wMiMZ. 0005!°00JIII 11 1001 t$io oroEirOMC10000 S[AV00 504 ao.INalrtM4 zomyy°yo•orVY?FL 40014.4. WI1Nn W'DYO4 FA5T F.SSO IFFY °O0M.a so°rx •nrFnr a r¢ 11uu•w•0YaEST ZLa1 FEE? rTO 151[ 1 .0 04uEM•c04414140 150 0411.410 M CAL410 PMi01 00 N2-00101AWLf}II(( bl % 1ADA ACCESSIBLE PATH1 d(1City .ll , .0NIREJUSTING COMMERCW. ZONING(GN OF 000IMINSTEWMCFADDEN AVENUE -sw®PROPOSEDCvS PHARMACY10•!10 SO.FE•F.P°ZROSOT4. X 13V_ . -_JOOt?PJOl?4tl5.!¢ SI000110R uIwr•ax0(.1041 00000 ANA CAALATOL1Owamwru o°ri•Ei•L00.00.50EaGOLDEN WEST COLLEGEEN 1 ESI NA P( L) SFSIDNG ES T10:P I SUKEYNOTES:• CAL PA G SPACE• • & PLANTER "STEP OFF"° ••.•_ _-•.CITYOHNESTMINSTER • •s-.F HCITY OUP711NGTON BEANm am•'°ryrul 011tl"rfir 140•+0050 1° I °AfAt••• w"ti°im ,•,.uloxuc4A• sozEVwelft°11••••TYPICAL 6" &URB•• •IUNIEIMj N Z E450000504 r 10E01•AlJ.40040100 r 1 ALL0104054 1101. 0010550E x411 MID ID PU OTT 141.000500040504 OI0r0MW 0401 01040E4501010 10.01 501/1100500.010014 1 010 10 4.04 +011M 01050010401 WSC-WWx Su'141010500151 TOEZMf0204 4100400P000404D 4.04100 Aa010041 1405001 xA• PM 0.110• Im10°LLf union PELOanoxP OP. CATa•00•Tr804.1010001 Pu•011.00041050 0111+501445 TO 000x0 0404E xxn.rrroroTE4 4041ST P010*11.J1YP101.1.100 tdIg6TE •ULJT•!441040010 0I! P1J•.4050101040100 •EFi STOP 4.1100. 00.410010410 0040. 00 0 011 0144004.00.0100 11440'10 0"4014.4RAPIOC SCALE 19 ES'k....... 1.0509005 1010 00010-anMqu>ASA.ww ...4... 4.LI MSN.w TiO.S•.awr °....11-20.07'SIP P-i•L.J rEXISTNO COMMERCLLL ZONINGPlY CF WESTMINSIEIS11SCFADDENAVENYE-.(19,000 A-D:6Pr2oioSEDORS PHARMACY14.670 SQ.F r..5Fr76A6OpS'14ipf•1X 776'Yf011aROOL 44 tYMAfIR _csY.a48„5858ww Lu.wr a....rw ...r:4Y.I FIji, vrj, 414'6-.- s.,:•; 'PLaa,. R114WE OEE RAN ESI NA 0 R y PIB 510`:..1 N NO DES/ TO SO 6EM241 I 1 1- - s ••••_A`OFWESTMINSTER • •CITY OF HUNTINGTON BEACIi~• . 45 SibUNDER YIN E•K&'NOTES:•• •••Q fl 4448 r S /ALL • • •ID 4584414 f W6D•41 • • •0 1Le/4444 TM51 a44$ub m stn 1.48Im1 4t, 1tY48umsQ ILaP09FD 0•v5Tw •TI 4YERIA4•Q 11184404 16454 WITH OfflQ 84448}VE4 mL 0.58 mn11 ISIOLdY[Q (514*L YOpoLp055(54QOMR•fTm45 W. 4R 6<LMI ISWE PfA (t1YP iT09.1Q 148058 044 44.11411 10114444® 14054404 "TO LA914RII RnR 14FN11 Pa 1a•® 44180404 lam CIO-"l® welt/ 4uma® PLOP*SO L'mm AIW® SFE s4•scUt run 1441 815 5804 U 414.44 M4uapx® 1•s4¢b 14484104 58*0ILCRAPRC SCALE A M'5448AdIt, InQ m14.484 44.48«SAMTM.Y7aPar.1+IIFSF7-C/dl•.0]-28-OS44.58 w«. 1/•50.070VJ• - _ .t-MCFADDEN-AVENUO.•OF WESTMINSTER= _--- - -- -- ___ ____-___-non i w0;Fn•.nw1ww nw0 0, wa,rwr h4$216-40iNwYDESIGN VEHICLESlG Y8 11051 TO IIpU0E1RFX0CVS PHARMACY• 14,670 SOFT.F.F.•26.0566•-6-x 166'e ep{IQ_`R6`APDViNNNf0' qn tf w/W0uua.>E1 /6.a'CROSS-SECTION A-ANOT TO SCALETPTN a u•l/.40000006 SWAMSF•FOOS70 naw.qlcwrrw•Tdliaat• 00. OaT.mt • ••sea*"/_ Da,RIaK/aWY*0wau0.CROSS-SECTION B-BNOT TO SCALEuawulo nowMrpsrNr FGVetnm muV••GRAPIIC SCALE 11 50'RICK11-P0-07,w.IL_ -- =CITY OF HUNTINGTON BEACH -Ex. COLLEGEMAINTENANCErARn1rt,I-,lI - iIiII'96NKq q fM1400..M.,... /, 19910.1051 FAG f9.916m t`FlIXL:rMCFADDEN AVENUE+,hC EXISTING PLANT MATERIAL TO DE PRESERVED:OUSTING "ONTO DE POIIE MO P PUCS (TOTAL)HUCNARLEMON RU0DITNNIDDR5ILEMON SCENTED GUM (3 TOTAL)A lI OENWJCANARY ARY ISLAND PINK IT TOTAL)P1IANIDLEPENMDIALEPPO MNE (2 TOTAL)PITTOSPORUTA UNOUATIAA/VICTORIMBOX(1 TOTAL)EIZEN SOPECEOUNXOWN(1) TOTALPROPOSED PLANT MATERIAL:PALM IIREG OUCN A0 1 P ITW MINWASNINOTONNNYBXDI NE1R10 FAA PALMFLOWEIMNGACCENT TREE SUCNA! MIATITRUOKWOONT YIESIFAN NLOBIIGlAOESTROMN WDIG IWBRDSICRAPE MYRTLEACCENT ONAOETRESSUp1 AS: WS)OW NNI VAP ELATE I PURPLE ORCNDLEIALEU00 W UDUUJERVIAIPAPENBARRCALODENDRUMCAPENBEIC ECEERMEUCALYPTUS TOROUATAICdW. WMSMAOE TREES (TO MATCH IOTA)IDAOAOP EaIEUCALYPTUS CRRDWPAIIE/AAN OCdTED WMEUCALYPTUS SIDEROXYLONI PINAMDNEARNPNU0 CM RIENSISICANARYL1LAN0 POEWI SUDS AND GROUNOCOVER SUCH A4DEANOTNUS DARNSTAP1CEAAOTNUSPNORMMA•MACN CNIEPINEW ZEAJRC FURW SCANINU0 OCCIDEMKIE ZEER W U9/ ZEETN GRA WAAIODZAE1NOAEDJUMPER/NANUAR00PAWCMEX OMAOA / SEPXEIEY OEDO ENE LICNRYSUM TNONSCIUN W M / IKORICE PINKLAVANDUU'COODWIN CJEDEN DRAYl LAESSERLETMUS•AIIYOIA PRINC@IWILD JNAPENNISETUM MESSNCUMI REDSUNNY TALELAYMMFASMTGNAEMAMTITON 111000BUFFALOORAS$GENERAL NOTES:MlwmrxE cclClrr rlANwu.w••Wrt McmaxIIDTYOtONevaslAr.ec IEIDAOEUGAOESSJ AAnEECFAtw°E1iM"mEDm •DNes MNL N rumm r.IN 1AEL0 N.I.A.r• aDlnDmtw a IXN•m NnTaaawn.a.P..atM.uu NrwwrNr•EIa•R..nrrl.•I..ral.unn.r)«PLAN VIEW!% .-MWSANOEOO,U711101mEuNO6Ap1snIEIMn.IR• ! n.• T.wEXISTING PARKING AREA FORGOLDEN WEST COLLEGEEISHSM I.191M•wLNRAMEDMA0.90N14511N1SOUHO KIEi0OaFMIEMSFLMAruuwaeNrEOIM NM•OA•WCU IDM IM E1wa4Nt WTEIMLa U.0.4 VIOMDEtOE.WIW11Otl MIlIOLAraTfeil•.LN. mw®owlwiMtrtnuudielauEl.aatnmw.wEn.EleOaaA •DU w.a•wLNNR.ndNArwnr.NN.DLrnIrrollN•nArElwE NLTRMBTONPLJMWAtRt.NtR4(ITEe AMIYOAMA1Y•E AOMO wIUO.MN.•ONOTrunle.gM•Eem90i tw•Dw wa hWIn IOSnO NC.InnaNwLnFila mYIQM>mIwEYIa•ONWFLD.aYNYLIN.MbrtRIB10rtcoMAnYALLcI•IPwY..M•RWOI/!AITID IOfDMlA M¢V Ow so1 Rg1RM q RwAI Dtaf4.rL.El0e 1T.NAT YWtdw..000.v. ATA rtuomsJ.R SSWAtrrw•1lw,M IWAttW nnW wu NNYlA4 TOM YMWBIOU11nue•ArIIETISI•.DRMYM1l Y.NASIR.ATDNOPLLNEMS%EOIAWO ATDU.JUCMM IACIR1R.NLI.1NOEf BMW BWLMMILVIIEJINICL IMMWM*4DfVMIM1611YPWEAM.o•ITADIURMOL°n't*iE0001wn•i4 Am+nertwNsNmI o1•.tHa1I m mnm N.DUT xMUCe sedl•vrEDrorl•NA.EMGrtArrA looseAIVOIG.•CWNOIIOtY.M IROINro MMMFNIMII(E.DIIOM EAITNOM111NII' rollM rnmroNORwWr.IDEDI•tVl.unEloMwwsarIMNDannsAnMN.E,NNwNV.nDPoI• rNOFIIUiREMU an RwullDwnMEasenN•MMAA.SROGTMOIROMII[MOMAIIDIPMMw IOMDGMa.1N[In Ww•P.EXISTNG TREES To" DELOCATW IT TOTAL).plyUyC.mEN01G'F.GI.hY-EI»lMN!•• r...•IS•.••..•• ••.•• •r •.•wewPCUBRE$EID P**ICREL•50 0J00 5NOR ON ADJACENT••••••VE'TI• ALEJERE CAMIN.r N..••.TYYACESREQUEEG .(SR PARNINO SPACEAMOMOEO•LANDSCAPE AREA MWEIVENTioPER n 0. ZONING CRDPANCE )'aDS OAT)A W NII••1 OFS%OF Tn9fDAL RT EREANPA91NIL EELANDSCAPED.TOTAL SITE AREA • DATE150FT.REOUWEOLANOSCAPEAKEA• 0.414 SOFTPROVDEOIANDSCAPE APIA • 5.767 SOFT.STREET TREE REGUREYENEPEON S.ZONIN000DSAANCE 0JM (BI)MINDER OF REQUIRED STREET TREES EQUALS(I) TREE EVERYKOP OTNEETPRONTAM.STREETFRONTAGE FOR 01011 SOOLP.REQUIOEO S OP 01500770000 E IES)TW)STREET TREED PROVEF •10M) EASON* TREES(0) NEVAY PINOED WDU-SEEPUNOMmSAnoIREgOUBERT:EX•TwG TREDS TOK ROMOV 0 D ONAL 00 RFYIACED AT AMINIMUMMTEOF1011YWWSOXINEESEX ISTIIAS IPEES TO Be 0ENOVE0. SREPUfEMENT TREEESEOUIREO SY WILNTION REO.• 1)REPLACEMENITREEOPROVDEDONRDlOF2p.p...a eN.I.YANDYE onenlA..--.. DAJD 11rAIM mWA DES70. G 11110rN•• a rIL IBPNB (DNT 00-.56R.J..I ACtl..••.11RIP..J.OI NEMIE000 INN NETM.d ItSlr.l tit1.I..ywl D•u. II-R-.II..•15AIDEP A BAshY-YrI/ ' \\\ NNEl0 C A 9 r 1se-Ir- - IT-I•'-I r-2 •91'-2•I I ---- ------ -------------I------ -------m-a-a--- e- S 10SEAL:wI_ ' \2 POUR Y ,•'I `C9L\Q A9 -JOI II II IIAomr-n.,.I RENSION4CONSULTANT:BRIEM* N000CNM51 ST B WALDEN AVEINNXNCI2I BEACH, CAUFOAMA 92800dL111618DE46.OPER' II \\\IwAOIno1- ------------ ----- -L 1----- ------------------- ------ ----- 1A.bZA B-------------,EI11 0N 1A B 052 MEZZANINE PLAN5 1/9• . 1'-9•B.r;II&II111r-r12x-1C1 FLOOR PLANB I/9• . F-Y0C 9 FCarter IIBurgenCARTER & BURGESS. INC..00 101 N. FIRST AVE. SUITE ]I00• • •00L0000* AZ 85003TE (00 f ) 253-1200FAX (602) 253-12022 CVS/CRA90R0 B%B,DATE: Rw100e209 xw•E10 +91710070TlEFLOOR/MEZZANINE PLANS50ET NuxBUt6 of 9DOMMENIYHOT AWAY. FIR CIINS110C119N •T T T TTI:Tr--T r--TI Ir- L• • tarter11BvrgeuCARTER A BURGESS. INC.101 N. FIRST AYESUITE 3100PNOCOOI, A2 05003TEL (501) 253-1200FAX 1002) 253-1202CONSULTANT:•• •• • •5EK:0n-.-_C7r- ( 10 Ir-1RI-••we•••• Icvs/STDINMSI S)MIFAODEN ME150110C10N REAM,, CAUrORMA NUTOP/LTIIBIQI I I-___-_---`•___-I I ( IJ L__JIL___JI I I 9A AI 0 C O C 9 f05005.0 BNDATE:51.0W0.30200711375030ROOF PLAN5.15(1 504551E7 of 9O oREN90N5•10515005X15:Nm 655.55150 ISO 50 1705.0105. EXTERIOR FINISHr6•A A FWEST ELEVATIONr---AIAA 1 0 • Jpll%r 4-+m' or r urJDUNN EDWARDSDE5210AMBROSIA IVORY1.oJMmp¢.KEY NOTES: 6.BBAa.t.1( ratA B C B 0 N A C .J F A B E F F C E ANORTH ELEVATION... X65,. .DVNN EDWARDS. . REDLAND T.sDA.DES196 .. .. BAJA MISSION 2 PIECEFLICKERING LUGNT CLAYTILE .DUNN EDWARDS • BENJAMIN MOODE5414 EROTIC RED 208418SUN CRYCULTURED STONEFAWN COUNTRYLEDGESTONEOCULTURED STONEFAWN COUNTRYSTONE CAPFINISH SCHEDULE.1 .An.so6 15 1Sb aaSAUurQ .W ss 86.1 m-fa1Y IB„"" ..n-MOylB. -lmaw ICaBB., 1I BoN BIWQi ..BJ -Aim IY1r-WB6 -D•••a wweAlO-mBa1B W5a B.-. 118 IUIO aI-rBc e.a- aaae r" -n-BaOPUBW - a-..w .BSB[ SA• ..n ww wI m.s16 Aat CSVa Mao a,PU•_,1 BW BAS •t mt*tQAa.aa momMyapCVS/pharmacyCB A A O F C H A B A B C B A F CAl J (C A_-------BUILDING SECTION ASCALE: 11Bl1'.•JACOB.19752 MacArthur BLVD. Suit* 250 #08885 GOLDEN WEST & MCFADDEN 23 S.pt.mb.r 2008i19>i`"0-210012 HUNTINGTON BEACH, CALIFORNIASKEET 8 OF 0 EXTERIOR FINISHI AC B AB C FEAST ELEVATIONADUNN EDWARDS• • REDLANDY1Lt11CADES1980 • ••BMA L0.9SON 2 PIECEFLICKERING LIGHT CLAY TILE •CDUNN EDWARDS • BENJAMIN MOOREOLS411 • EXOTIC RED 2086,10SUN CRYDUNN EDWARDSDE5210AMBROSIA IVORY-KEY NOTES'•3Y-i' --gigrr+BDx.-.0CVS/pharmacySCALE: 1/8•°11.ZJACOBS19752MeaArUNR BLVD.SNita 250 #08885 GOLDEN WEST & McFADDEN 25 September 200894)s46 C76A7002 HUNTINGTON BEACH, CALIFORNIANSHEET 9 OF 9I-+B FC F 0 BAA C AOB C A JG B N--1 r-----F C------ - +- --______+' axC F HC A Nw-----------------,W 7 ,C I --A790SB F A BCULTURED STONEFAWN COUNTRYLEDOESTONE0CULTURED STONEFAWN COUNTRYSTORE CAPB a•mraw---.---,w--n9FINISH SCHEDULEtNQiOuuN- norm BearWAaa elm at'I-AF••1{aYww•ICUassaail!v 5551a,-oAnaNJr,a IkIS511Ww+if._86.OSfEI©NA?ai N.Aas•.W°IrBFAW iOtr,A --yuaal6aaN taNsaricanesOIBIAS ma raSSCNmaraca s aat•.IBmae,r.. n15'IDalroWilmaa.BawBC 10 A Baaaalu mBASSBrsCmYN aDmnlawSOUTH ELEVATIONAT°UP Oi PAMPF+GHEB-TVNBUILDING SECTION A PROJECT SUMMARY: Cm°Fa%I.-0100X0114Tr % ^v' M^ 4.• ,. iwo °"[ 4 (IA0 a rK 1401440 1t c•w 111LrJ1An Y 1.00 0r 5555 ID1.1MEXISTING LAND INFORMATIONM Ma1TM.61 0001337E a M fO71•F31 1701016 a 5[[11011 > IaX4• [Sdml K0R 11161 YDI. A N. Nm=LA (1111 0.C& N MOTTOY •fb Y &A0I. 07n.OEAa 0 e1A 111109O T 50 0*0N nt 00100 M Call KC0mu 50071.00005001.17500 X&465500 Aes ETY OOFTI RT 110961DEVELOPMENT DATA PARCELA.rAX14Ym5Nm1.A. I45D AvN001004 00Am/aA 01111 TASmaov5 use 14570 114417[5 .1011500 w 9aN101C1LL J.oac1WS K-x0004srt5 A xA 9ue • 05001 RsT S Ys0 - d M 1X006? 05514410(/01 02140, 10100AAMt 4IRJr 1550 211X7500 4 1404 004 21 of 21155 41533rd !*iOLMMY.M¢ll JUIP YYS MxUMS RLgOR A14OSNN[(L10t (IMrIN.OI/bN.4 iI I K 079 OM LE S/IMO lJ 1X114 1[ Ar.M lK a SAO 7w/501610RIR50*0 A!/07112150•SEBPI/OM444411 OT1=4 1101pM1tl•WO3409401141011@1414 005001 433 1001.07• POp1 M 21 A 01/INY 0.1.04/6r o A rs70AS Sr1E AI 0LG]nB141 077mr*74 0 77710.1 Arac 54 Yarot MOI 1400unNIMR]pOP 001111 LO MtlMSY 111X5 mA 9EUIT0tMPR 011151 YpOBb(4Sm K-SRIf IDG011400'IIATx acmrAOU/o 2115 lTwt/lrr'150010507S2100049/1LOg1J6RSIfIfro BE ASEr 051 Sttp19K-VpefAMTtW bpE40{S 4yLro m,1{Ji20 0ARII SMO 01100M Mrf INnYrKA 00*45 1010 OlJII.Kn1121X50116/01 ro I /•/I p AAL4S00M r7E a fSMU18.WY/AXf 04100900 N Q4D T19F14pfrO¢tOGEJrpESIO 0//ll!9FFfYAf/4tix RI1 AO4 .ar10 AattOM BWRI4! 010021 5KM efNOJ•I53I 1141 %BFI m E 704E NMMI • N1NKLOT AREA DATA TABLEl(07 Sm51 La 401ARA 1••, 344 Bu•5' 1.30 AC 11121011414141 77.70 IC 5000ZONING INFORMATIONDEVELOPMENT SUMMARYBean 51001.1 manLOT 007 174 0L4r 14M 11 rt. 5075 mAX014 10.11 x140 4 77. SO rT]A0 411. 5ET00n 11. 5577 & 0450.11E[t 5001 21[}101 4 NT. m 4mNrn srl 0001005 1naa 500 4014 is 1E AA.D¢n 1701 1n elI15s9Ir450 w vnlclD 44 sT4 560 7015 P4X41704 0 4LTpM 501 Y 101010 Ycf1 14.05104 0 Gals u 5x4003371 cN•rBlrTOOOT .1141 101114 0051un 500.4NOMAm&m55074n00001471VA 111014421500 P0010107701 70472141 .ms rtaa w u 14000550100 a °0Q1emD1E10OQAR4A5a50119 Y 0[1]110[ 0 507MslO 110TLL 0001 A•OP ONO MA 77rA10510FA11 114.1.1 M 4IJTIUTY INFORMATIONCALAru.m m1r 796 1011100050M aurt700 07 10 00AY T6 r art 410*107150[1 4FSIYO61210501 AYA1A01n1 TD 1 IXDM 05x501 14TENTATIVE PARCEL MAP FOR:CVS/ PHARMACYCITY OF HUNTINGTON BEACHXp0NCTW 01700atWCJNJ7'IAWPARCEL y1-r1ew1,1WOm 5015500 433154 PWDm LncNsAA I LseN1.21 orC. A—L00ti(REMAINDER)GOLDEN WEST COLLEGEAPN 142-072-01AREA=37.21 ACNf Tlwrr4s00001Cm0aLLOw1MN0al 0301Eao11KA5070r.T50N nrwc.eA.1•ue0593/04'f03arzENGINEER OF WORK2140 f0 1010. 1140tAx NE4A 44507X7 550011Y2,60L 011211911-010000XM d 0000700 X 334 31051 001Er 5a1Y°u3YSA•TwMCFADDEN AVENUEa W~IX PLX493239100.7107 . RLox 4541701 A.auXmew5ixemBCSimnm YN'manL.llXMCA.SLaNauPLGENERAL NOTESVAM}171411000*000..70m OEM IRK 51010 RMMY5Y401000 SYK1M00r.11000/.10.1301.10501 790 071700)471 •R 0x4411 TO 4704 N 747107. 05170131000 Mr4AXT0 RL K Ni741ID 50100005 er 014140014404.50. 00107 0 01050 NUN 790 1K000n W 0lttt TO 01000 SOUL 0601"0wuThT1a1611AP~µ111r2111Me0PVOm TO ALLL OL m FFMLKMTAMAK "nPNOIFAM 05337 AumKD141S 1X11 AC4DTA0OC 00 NMOVLLTMs 007904 1T 50455115E 000521 OSr009171041 Illr-sTPLO i0M EFJWE 301501 RIO $11N1W 1.rYID EsIgMOLEGEND4005041X1011405TW 100.1[1--04t04 540745 -- -E101N0 1Ai4.3E051114 PA•GR LW0011021 IV0 0.0.01 4. 1X141100_PYPOSD 3350 7LLR .T LOiu° .-11.•ID P4707! LK-Pm100. 440055 -"A= MARDOZAPE142000 Y1MLT 1ATDTMPIM/4W 0A10-PYP.SLCK--•-------80LD1------PROF.PW.[Ll73 5414541-- -PW.KNN Nl1NPW.tl740YN •PW.nmM•.VATD 7LLK-•- -P0a.00M610 040014 1194400 05019E--PW.P50010Q 0014(016( 410011 1011141.21114.0 0095113301 G•(nONI--••-P00P. PM 010YTW. Inn 051.SYMBOL- sxas.•••.211....•• ••••- • • •INDEX OF SM TSB11X0060174717 1SITE P4r 1/ 33790 0U4106.aPOST CONSTRUCTION BMP'S4115105007/ 000130&3 K.Nf155071 K 0900.540 1.17100TO M011111•[100MM001S4334'5711100.000 02121 irul10 •M Om-1.0000*.*7 100 0041077m 0011 01 42001IM 577[701000. K 4LKF0 a 141010010 014M 110 a 001 a PLL 0001[1 110.0X5 020101 01770.N i YT 02150 v5411115$ 0114 K 074040 T. m45111501. ut 0T D1m00.1YU0070 45215 007021. TOW[ w_`t An0NW 1445 0LL1M70.1711100 MT 4241 M 1400 • 041A0100. 7411050a THAT 500 04.07011 01P11005 032)11E 17.007.TNDEs FWLOAK 41016 R[ A• 0711154 • 010440 0407414101®50 094101004. 010 100111Cpfi 0*0 004 7011145174 1[101001NtpP W 100510510 7144100.015041A. 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(ns a• mmelwtMNr i7YESTMINSTER• •. __•..-_Y•• :» - - s•""1•El6TFT,u • es tt CITY OF HUNTINGTON EACH;>s-,w•xat'"-'oit°",oat `_".•J 1r •r.. r.•0 0MCFADDEN AVENUE9ss 04Irr Y• vt wo..rr• r .r .a1Y ...C r6•w ;wIwrl, Ww5-aLra Y , Ynn.I nlil` SMDESIGN VEHICLESl,wwnl To W*SEATvm P & uvu.r.v x rstarIw rumsro w rCROSS-SECTION B-BNOT TO SCALEmmP ar nanis. m°m FLOORI&RAPNC SCALE t 50'RICKCITY OF WESTMINSTER--- ^, CITY OF NUNTINGTON 8EACHK -'EX COLLEGEIt-MAINTENANCE"APN' J 92`0-92"0l'!A'3jSI`llIPI,liiI41I tG W Jv.w1 UJY WNUtia y33uawFIL 'AT"CROSS-SECTION A-ANOT TG SCALEtaTOP a tansPS*VlSIEO SaibAR/fslwGO OLOCR•I..PSN M:uw.wu aEm .mnaw Ae..a: r.w..aR,..t Tw v"uw.l..., 0]-P8.08-a. a .w, aou.. lag r T10 ¢d KmtJLDDLDEW : WE3T1 DL1J OE ATTACHMENT #6 INTENTIONALLY LEFT BLANK 0 Tentative Parcel Map Project Narrative - 15520 Goldenwest St. Summary This proposal is to create a separate parcel at the northwest corner of the existing 37.26 acre parcel owned by the Coast Community College District and known as Golden West College (APN: 142-072-01). Explanation The present zoning is PS (Public-Semi-Public) and the existing use of the property is vacant land with a seasonal pumpkin patch and Christmas tree lot. The proposed new zoning is CG (Commercial General) to support the use of a 24 hour CVS/Pharmacy with a drive-thru. We propose a number of improvements that will benefit the City of Huntington Beach, including improvements to the existing drive access within the city's right of way, re- aligning the existing storm drain per the city's request, installation of a waterline from the south side of McFadden, and installation of a sewer lateral across McFadden Avenue to tie into Midway City Sanitary District facilities per the City's request. We are proposing to bring water and sewer to the site as soon as possible to facilitate construction. The Midway City Sanitary District has approved our proposal and issued a "will serve" letter. All other improvements are to be part of normal construction proposed to begin the week of July 20, 2009. Currently there are 22 trees on the site that give character to the surrounding community as well as maintain a positive image for Golden West College. Keeping these important aspects in mind, a consulting arborist was contracted to determine the maximum amount of trees that can be retained onsite. Among other changes, the site plan was revised to move the proposed South entrance back to the existing entrance for the college to keep more of the existing trees. The result is a landscape plan which calls for the removal of six existing trees to be replaced with 28 new trees of a similar type/species. We are willing to propose a restrictive covenant stating that the mezzanine and receiving areas of the proposed building will be used strictly for inventory storage and shall not be converted into any other use. City of Huntington Beach AUG19 2008 City of Huntington Beach Application for Variance - 15520 Goldenwest St.Atli;19 2008 Summa ry We are requesting this variance to resolve practical difficulties associated with the City's off-street parking development standards as they relate to the proposed development of a 14,670 square foot 24-hour CVS/Pharmacy with a drive-thru. Explanation We are requesting relief from HBZSO code section 231.04 - to reduce the number of required parking spaces to 64 from the city requirement of 74 spaces (14% reduction). a. What exceptional circumstances apply to the subject property (including size, shape, topography, location or surroundings) that deprive it of privileges normally enjoyed by other properties in the vicinity and under identical zone classification (as proposed for this site)? • The zoning ordinance mandates 74 off-site parking spaces be provided for the proposed pharmacy, based upon its use and the gross square footage. The property, being a vacant lot, is constrained by existing Golden West College facilities and many large, magnificent trees along the existing street frontage. An arborist's report was completed to determine the optimal plan for the removal and relocation of these trees to provide for the development of this pharmacy. As a result of the report, the orientation of this property and the location and number of parking stalls were designed to maximize to the greatest extent possible the parking to be provided. b. Explain why the request will not constitute a grant of special privilege. • The underlying property is owned by the State of California and as such has unique restrictions associated with the type of uses that can be developed here or elsewhere on the Golden West College property. Any other development/use on this property would have a reasonably similar proposed floor area ratio and would be subject to the same constraints described above. c. Why is this request necessary for the preservation and enjoyment of one or more substantial property rights when compared with other properties in the same zoning designation? • Other property owners in the vicinity with zoning similar to that proposed for this site are afforded the ability to make many changes to their site design through the development process. The proposed CVS site plan has been modified to the greatest extent possible to meet all other code requirements and departmental requests (including orientation of the drive-thru, location of the trash enclosure, compactor & loading/receiving area, and landscape planters & setbacks) while maintaining a relatively small building footprint. The City of Huntington Beach calculates the total gross floor area as follows: • o 11,967 s.f. (Retail/Pharmacy Area) o 933 s.f. (Ground Floor Receiving Area) o 1,770 s.f. (Mezzanine Area) o 14,670 s.f. (Total Floor Area) The Retail/Pharmacy area is the only occupied space in the building, leaving the Receiving and Mezzanine areas strictly for surplus inventory storage; there are no employee areas or offices in either space. It is understood that the City of Huntington Beach does not calculate the parking requirement based on occupied floor area; however in practice the Receiving and Mezzanine areas do not demand any parking. In this case, the practical parking requirement would be 11,967 s.f. / 200 = 60 spaces. Dedicating the Receiving and Mezzanine areas strictly to storage allows CVS to make less truck deliveries because the Mezzanine is used to efficiently and safely store more products for a longer period of time. Traditional drug stores do not use the mezzanine system and require a larger building foot print to hold inventory and stock more products on the sales floor, resulting in cramped, narrow aisles, often stacking products close to the ceiling. The Mezzanine and Receiving areas will never be used as occupied floor area and we are willing to submit a restrictive covenant stating these areas will not be converted into any other use. d. State reasons why the granting of the request will not be materially detrimental to the public welfare. • The improvements proposed for this property will substantially improve the value of the property and enhance that of neighboring properties. Further, the variance will not be materially detrimental to either the public welfare or other properties, as the practical number of parking spaces will be provided to meet customer demand and ensure the safety of drivers and pedestrians visiting the site. ATTA CHMENT #7 INTENTIONALLY LEFT BLANK 1. PROJECT TITLE: CVS Pharmacy Concurrent Entitlements: 2. LEAD AGENCY: Contact: Phone: Email: General Plan Amendment No. 08-006 Zonin Ma Amendment No. 08-006 Conditional Use Permit No. 08- 032 Variance No. 08-008 Desi Review No. 2008-026 Tentative Parcel Ma 2008-121 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Tess Nguyen (714) 536-5271 tnguyen @surfcity-hb.org 3. PROJECT LOCATION: 15520 Goldenwest Street (Southeast comer of Goldenwest Street and McFadden Avenue) 4. PROJECT PROPONENT: Austin Rogers 2400 East Katella Avenue Anaheim, CA 92806 Contact Person : Austin Rogers Phone: (714) 934-9070 5. GENERAL PLAN DESIGNATION: P (RL) (Public-underlying zone of Low Density Residential) 6. ZONING: PS (Public-Semipublic) 7. PROJECT DESCRIPTION: The proposed project consists of construction of a 12,900 14,670 square-foot CVS Pharmacy, 63, 64 parking spaces, and associated site improvements on a vacant lot at the southeast corner of Goldenwest Street and McFadden Avenue. The vacant site has been used as a pumpkin patch and a Christmas tree lot. The approximate height of the proposed one-story building is 28 feet. The proposal includes drive-thru service in conjunction with the pharmacy use. The CVS Pharmacy, Page 1 21-183 including the drive-thru, is proposed to be open 24 hours a day and seven days a week. The floor Ian includes 11 967 s uare feet of retail area with a 933 s uare foot receivin area and a 1 770 s uare foot stora e mezzanine. Access to the site is proposed via a two-way driveway along Goldenwest Street and a two-way driveway along McFadden Avenue. The project includes a General Plan Amendment and Zoning Map Amendment to allow commercial uses at the proposed project site. Construction of the proposed project is expected to last approximately seven months. 8. SURROUNDING LAND USES AND SETTING: The project site is located at the southeast comer of Goldenwest Street and McFadden Avenue as a part of the Goldenwest College campus. The project site is currently vacant with seasonal use as a pumpkin patch and a Christmas tree lot. A shopping center with a gas station, medical center, and retail and restaurant uses exists to the north, across McFadden Avenue in the City of Westminster. Goldenwest College parking lots exist to the south. Single-family dwellings exist to the west, across Goldenwest Street. A Goldenwest College maintenance facility exists to the east. 9. OTHER PREVIOUS RELATED ENVIRONMENTAL DOCUMENTATION: None. 10. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED) (i.e. permits, financing approval, or participating agreement): None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use / Planning QTransportation / Traffic Public Services Population I Housing Q Biological Resources Utilities / Service Systems Geology / Soils Mineral Resources Q Aesthetics Hydrology / Water Quality Hazards and Hazardous Materials Cultural Resources Air Quality Noise Recreation Agriculture Resources Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on Q Page 2 21-184 an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required_ I find that the proposed project MAY have a "potentially significant impact" or a "potentially significant unless mitigated impact" on the environment, but at least one impact (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.L Si a e Printed Name EVALUATION OF ENVIRONMENTAL IMPACTS: 0 to 0t Date SSOCA I ofe- Title 11 11 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards. All answers must take account of the whole action involved. Answers should address off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 2. "Potentially Significant Impact" is appropriate, if an effect is significant or potentially significant, or if the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentially Significant Impact" entries when the determination is made, preparation of an Environmental Impact Report is warranted. 3. "Potentially Significant Impact Unless Mitigated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures fron Section XVIII, "Earlier Analyses," may be cross-referenced). 4. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 5. References to information sources for potential impacts (e.g., general plans, zoning ordinances) have been incorporated into the checklist. A source list has been provided in Section XVIII. Other sources used or individuals contacted have been cited in the respective discussions. Page 3 21-185 6. The following checklist has been formatted after Appendix G of Chapter 3, Title 14, California Code of Regulations, but has been augmented to reflect the City of Huntington Beach's requirements. (Note: Standard Conditions of Approval - The City imposes standard conditions of approval on projects which are considered to be components of or modifications to the project, some of these standard conditions also result in reducing or minimizing environmental impacts to a level of insignificance. However, because they are considered part of the project, they have not been identified as mitigation measures. SAMPLE QUESTION.- ISSUES (and Supporting Information Sources): Would the proposal result in or expose people to potential impacts involving: Landslides ? (Sources: I, 6) Discussion: The attached source list explains that 1 is the Huntington Beach General Plan and 6 is a topographical map of the area which show that the area is located in a flat area. (Note: This response probably would not require further explanation). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact X Page 4 21-186 • ISSUES (and Supporting Information Sources): 1. LAND USE AND PLANNING. Would the project: a) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2) .,'entially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The project site is currently vacant. The subject property has a General Plan designation of P(RL) (Public- underlying zone of Low Density Residential). The project site currently has a zoning designation of PS (Public- Semipublic), consistent with the General Plan. Implementation of the proposed project would require a General Plan Amendment to amend the land use designation from P(RL) (Public-underlying land use of Low Density Residential) to CG (Commercial General) on the site and to establish a permitted density. A Zoning Map Amendment from PS (Public-Semipublic) to CG (Commercial General) would also be required to establish a commercial zoning designation for the project site. These amendments represent a departure from land uses currently allowed on the project site. In addition, a Conditional Use Permit for development on vacant land, a review by the Design Review Board for a project within 500 ft of a PS (Public-Semi-public) District, and a Tentative Parcel Map for creation of a new parcel are re uired for the ro osed ro'ect . . The a lication also includes a variance re nest to deviate from the arkin re uirements of the Huntin on Beach Zonin and Subdivision Ordinance ZSO refer to discussion under Section VI. - Traffic/Trans o rtation item f.. The ro osed ro'ect corn lies with all other rovisions of the CG Commercial General zonin dist ri ct and other a licable rovisions of the HBZSO includin maximum lot covera e buildin hei ht and landsca in re uirements. The site is surrounded by neighborhood serving commercial uses to the north, residential uses to the west across Goldenwest Street, and institutional uses to the east and south. The uses permitted under the current land use designation and zoning include governmental administrative and related facilities. The uses permitted under the proposed land use designation and zoning include a range of commercial uses. The uses permitted under the current and proposed land use designations and zoning are not very different in terms of traffic generation, noise, utilities or service systems demands. In addition, the area south of the project site (Goldenwest College parking lot at the corner of Goldenwest Street and Edinger Avenue) already has commercial activities (i.e. weekend swap meets). Therefore, the proposed zoning and land use designation would permit uses that are compatible with existing uses north and south of the project site. In addition, the proposed use of the site as a pharmacy would serve existing residences to the west as well as the Goldenwest College campus east of the project site. Furthermore, the proposed project would be consistent with the following goals and objectives of the Land Use and Economic Development Elements of the General Plan: Goal LU 10-Achieve the development of a range of commercial uses. Objective LU 10.1-Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. Goal ED I-Provide economic opportunities for present and future Huntington Beach residents and businesses Page 5 21-187 • ISSUES (and Supporting Information Sources): through employment and local fiscal stability. 0 otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Objective ED 1.1-Enhance the City's market potential in terms of retail, office, industrial and visitor serving activity. This would allow Huntington Beach to provide for retail, office, and industrial opportunities that serve the current and projected population and enhance sales and occupancy tax revenue. The City's land use policies generally encourage projects that provide a mix of uses, are compatible and harmonious with surrounding development, and enhance the image and quality of life and the environment. The proposed project would not conflict with the identified policies and objectives contained in the General Plan. Less than si nificant im acts would occur. b) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1) Discussion: The project site is not located within an area designated as a wildlife habitat area. The proposed project would not conflict with any applicable habitat conservation plan or natural community conservation plan as none exists in the City. No impacts are anticipated. c) Physically divide an established community? (Sources: 3, 4) Discussion: The proposed project would not disrupt or physically divide an established community. The subject site is located at the southeast comer of two arterial streets and is located within an established urban area; therefore, it will not divide any established communities. The project would not impact access to surrounding development. No impacts are anticipated. II. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses)or indirectly (e.g., through extensions of roads or other infrastructure)? (Sources: 1, 4) Discussion: The proposed project will not be growth inducing through construction or extension of roads or other infrastructure. The proposed use of the site is neighborhood serving commercial and will cater to local residents and commuters along Goldenwest Street and McFadden Avenue. There will be no substantial growth as a result of the proposed project. Less than significant impacts are anticipated. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 4) Discussion: The proposed project site is currently vacant. The project will not result in the displacement of any existing housing. c) Displace substantial numbers of people, necessitating the Page 6 21-188 0 0 centially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources):Impact Incorporated Impact No Impact construction of replacement housing elsewhere? (Sources: 4) L0 Discussion: The proposed project site is currently vacant. The project will not result in the displacement of any existing residents. No impacts resulting from the development are anticipated. III. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault ? (Sources: 1, 14) Discussion: The project site is not known to be traversed by an active fault and is not located within the Alquist-Priolo Earthquake Fault Zone for surface fault rupture hazards. The nearest active fault is the Newport-Inglewood fault located approximately 1.75 miles southwest of the project site. No impacts are anticipated. ii) Strong seismic ground shaking? (Sources: 1, 14) Discussion: The project site is located in a seismically active region of Southern California. Therefore, the site could be subjected to strong ground shaking in the event of an earthquake. Structures built in Huntington Beach are required to comply with standards set forth in the California Building Code (CBC) and standard City codes, policies, and procedures which require submittal of a detailed soils analysis prepared by a Licensed Soils Engineer. Conformance with CBC requirements and standard City code requirements will ensure potential impacts from seismic ground shaking are less than significant. iii) Seismic-related ground failure, including liquefaction? (Sources: 1, 14) Discussion: The project site is located in an area of potential liquefaction according to the State Seismic Hazard Zones Map. According to the Liquefaction Potential map in the City of Huntington Beach General Plan, the project site is located within an area identified as having a high to very high potential for liquefaction. Based on an analysis by NorCal Engineering (October 8, 2007), the potential for liquefaction at this site is considered to be low due to the highly plastic clay layers below a historic groundwater depth of 10 feet. Seismic-induced settlements would be on the order of one inch or less and should occur rather uniformly across the site. Thus, the design of the proposed construction in conformance with the latest applicable regulations (i.e., California Building Code) for earthquake design will minimize impacts from ground shaking hazards. iv) Landslides? (Sources: 1, 7) Page 7 21-189 • ISSUES (and Supporting Information Sources): -- =-otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: According to the City of Huntington Beach General Plan, the site is not in an area susceptible to slope instability. The project site is on a flat parcel of land and no slopes or other landforms susceptible to landslides exist in the vicinity of the property. Moreover, the California Division of Mines and Geology has not mapped any earthquake-induced landslides at, or in the vicinity of, the site that would be indicative of the potential for slope instability at or in the vicinity of the site. No impacts from landslides are anticipated. b) Result in substantial soil erosion, loss of topsoil, or changes in topography or unstable soil conditions from excavation, grading, or fill? (Sources: 1, 7) Discussion: The project site and vicinity are urbanized and have relatively flat topography. Construction of the proposed project would require grading of the entire site which could potentially result in erosion of soils. Erosion will be minimized by compliance with standard City requirements for submittal of an erosion control plan prior to issuance of building permits, for review and approval by the Department of Public Works. Implementation of the proposed project would not require significant alteration of the existing topography of the project site . Approximately ± 1,000 cubic yards of cut will be excavated and a new concrete slab on grade will be poured for the building pad. In the event that unstable soil conditions occur on the project site due to grading, or placement of fill materials, these conditions would be remedied pursuant to the recommendations in the required geotechnical study for the project site. A less than significant impact is anticipated. c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1, 7) Discussion: Refer to Responses III.a iii) and III.a iv) for discussion of liquefaction and landslides, respectively. Subsidence is large-scale settlement of the ground surface generally caused by withdrawal of groundwater or oil in sufficient quantities such that the surrounding ground surface sinks over a broad area. The project site has not been identified as an area with the potential for subsidence. In addition, withdrawal of groundwater, oil, or other mineral resources would not occur as part of the proposed project and, therefore, subsidence is not anticipated to occur. However, in the event of an earthquake in the Huntington Beach area, the site may be subject to ground shaking. The CBC and associated code requirements address lateral spreading and subsidence. Less than significant impacts are anticipated. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1, 7) Discussion: According to the Expansive Soil Distribution map in the City of Huntington Beach General Plan, the project site is located within an area identified as having a moderate to high potential for expansive soil. This is common in the City and impacts can be addressed through compliance with applicable soils, grading, and structural foundation requirements, codes, and ordinances, such that any potential geologic impacts will be reduced to a level of insignificance. Less than significant impacts are anticipated. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers Page 8 21-190 _tentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources):Impact Incorporated Impact No Impact are not available for the disposal of wastewater? (Sources: 1) Discussion: The project site is located in an urbanized area in which wastewater infrastructure is currently in place. Therefore, the capability of the soils to support septic tanks or alternative waste water systems is not relevant to the proposed project. No impact would occur related to septic tanks or alternative waste water disposal systems. IV. HYDROLOGY AND WATER UALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 17) Discussion: Water quality standards and waste discharge requirements will be addressed in the project design and development phase pursuant to a Storm Water Pollution Prevention Program (SWPPP) and Water Quality Management Plan (WQMP), prepared by a Licensed Civil or Environmental Engineer in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations and approved by the City of Huntington Beach Department of Public Works. The SWPPP and WQMP will establish Best Management Practices (BMPs) for construction and post- construction operation of the facility, including source, site and treatment controls to be installed and maintained at the site. The WQMP and SWPPP are standard requirements for development in the City of Huntington Beach, and with implementation, will ensure compliance with water quality standards and waste discharge requirements, which will reduce project impacts to a level that is less than significant. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Sources: 1, 17) Discussion: In 2005, the Huntington Beach Public Works Department prepared an Urban Water Management Plan (UWMP), which analyzed the City's past and future water pipeline infrastructure, sources, supplies, reliability and availability. Based on the estimated water demand required for this project, it would not result in a significant increase in water demand consumption that was not previously planned for in the Water Master Plan and UWMP. Therefore, this project would not present a substantial impact to the groundwater supply and table. The project is subject to compliance with the City's Water Ordinance, including the Water Efficiency Landscape Requirements, as well as Title 24 conservation measures such as low flow fixtures, which will ensure that water consumption is minimized. Less than significant impacts are anticipated. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off-site? (Sources: 1, 17) Page 9 21-191 ISSUES (and Supporting Information Sources): - --otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The project will be subject to standard code requirements necessitating submittal of grading plans and a Hydrology and Hydraulic Study for review and approval by the Public Works Department to determine the impact of the runoff generated by the proposed project on existing drainage systems and adjacent properties. The existing 60-inch storm drain under the proposed structure shall be re-routed and sized per a required Hydrology and Hydraulics (H&H) Study. The preliminary Drainage Study prepared by Rick Engineering indicates that the proposed site runoff will enter the new storm drain system via an underground detention basin. With the development of the project, approximately 60 percent of the site will be paved, 20 percent will be covered with buildings, and 20 percent will be landscaped. Since the majority of the site will be covered with impervious surfaces, the proposed drainage pattern will not result in substantial erosion or siltation on or off-site. Less than significant impacts are anticipated. d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount or surface runoff in a manner which would result in flooding on or off-site? (Sources: 1, 17) Discussion: The project will be subject to standard code requirements necessitating submittal of grading plans and a Hydrology and Hydraulic Study for review and approval by the Public Works Department to determine the impact of the runoff generated by the proposed project on existing drainage systems and adjacent properties. The existing 60-inch storm drain under the proposed structure shall be re-routed and sized per a required Hydrology and Hydraulics (H&H) Study. The proposed realignment of this storm drain line will lengthen the pipe and therefore create a decrease in pipe slope. The H&H Study shall address the impact of the decrease in pipe slope. The preliminary Drainage Study prepared by Rick Engineering indicates that the proposed use of underground detention basins will reduce post-development runoff to pre-development runoff rates. Therefore, less than significant impacts are anticipated. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 17) Discussion: The project would increase the impermeable surface area of the project site, contributing to an increase in runoff water. This would include runoff that may contain pollutants which could potentially degrade surface water quality. A Hydrology and Hydraulics Study, subject to review and approval by the Public Works Department, will evaluate impacts from runoff generated by the proposed project. The project will be designed such that runoff for the proposed development shall not exceed the pre-development condition. Any such increase in stormwater runoff shall be managed via onsite detention or upsizing of the existing downstream storm drain pipeline. Although the existing drainage pattern is expected to be altered during the construction phase, erosion and siltation during construction will be minimized to less than significant level by employing Best Management Practices (BMPs) for erosion control, pursuant to a City approved Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). Required SWPPP and WQMP, to be submitted in accordance with City of Huntington Beach standard -development requirements, will identify BMPs for ensuring a less than significant impact associated with polluted runoff. f) Otherwise substantially degrade water quality? (Sources: 1, Page 10 21-192 ISSUES (and Supporting Information Sources): 17) . ientially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The Public Works Department requires a Water Quality Management Plan (WQMP) to be prepared in accordance with National Pollution Discharge Elimination System (NDPES) regulations in order to control the quality of water runoff and protect downstream areas. NDPES requirements assure compliance with water quality standards and water discharge requirements. The project will be designed to drain entirely into the City's storm drain system. The WQMP shall be submitted to the Public Works Department for review and approval prior to issuance of a precise grading permit for the project. Therefore, less than significant impacts are anticipated. g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 8) Discussion: The proposed project site consists entirely of commercial uses. No housing is proposed. The subject site is designated as Flood Zone X on the Flood Insurance Rate Map (FIRM), which is not subject to Federal Flood Development restrictions. Therefore, no impacts are anticipated. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 8) Discussion: The proposed project site is designated as Flood Zone X on the Flood Insurance Rate Map (FIRM), which is not subject to Federal Flood Development restrictions. The project site is not situated within the 100-year flood hazard area as mapped in the FIRM. Therefore, no impacts are anticipated. i)Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1, 8) Discussion: The project site is not located within a flood hazard zone. In addition, the site is not in the immediate vicinity of a levee or dam. Therefore, no impacts are anticipated. j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 8) Discussion: According to the Moderate Tsunami Run-up Area map in the City of Huntington Beach General Plan, the project site is not located in an identified moderate tsunami run-up area. Due to the lack of land-locked bodies of water (i.e., ponds or lakes) in proximity to the project site, the potential for seiches is considered to be non-existent. The project site and vicinity are urbanized and have relatively flat topography. The project site and vicinity are not identified as areas with the potential for mudflows. Therefore, no impacts are anticipated. k) Potentially impact stormwater runoff from construction activities? (Sources: 1, 18) Discussion: Refer to discussion under item IV (a), (c), (d), and (e) above. Page 11 21-193 0 ISSUES (and Supporting Information Sources): 1) Potentially impact stormwater runoff from post-construction activities? (Sources: 18)t Discussion: Refer to discussion under item IV (a), (c), and (d) above. m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? (Sources: 18) - . otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The proposed project does not include uses involving the storage, handling or distribution of hazardous materials except for the silver in the photo development solutions. Waste from the photo development process will be collected through an internal recovery system and picked up by a professional service. Additionally, no fuel station or equipment maintenance will occur on the project site. Therefore, less than significant impacts are anticipated. n) Result in the potential for discharge of stormwater to affect the beneficial uses of the receiving waters? (Sources: 18) Discussion: Refer to discussion under item N (a) above. Huntington Harbor, the ultimate downstream receiving water from the site, is approximately 3 miles to the west. Huntington Harbor is on the 2006 Federal Clean Water Act Section 303(d) list for the following pollutants: chlordane, copper, lead, nickel, pathogens, PCBs, and sediment toxicity. The required Water Quality Management Plan will establish Best Management Practices to address the pollutants of concern from the discharge of stormwater. Therefore, less than significant impacts are anticipated. o) Create or contribute significant increases in the flow velocity or volume of stonnwater runoff to cause environmental harm? (Sources: 18) Discussion: Refer to discussion under item IV (a) above. p) Create or contribute significant increases in erosion of the project site or surrounding areas? (Sources: 18) Discussion: Refer to discussion under item IV (c) above. The precise grading plan will include an erosion control plan for the construction phase of the project. V. AIR UALITY. The city has identified the significance criteria established by the applicable air quality management district as appropriate to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air Page 12 21-194 ientially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources):Impact Incorporated Impact No Impact quality plan? (Sources: 9) Q Discussion: Projects that are consistent with the General Plan are considered consistent with the air quality plan. The project site currently has a General Plan designation of P(RL) (Public-underlying zone of Low Density Residential) which allows development of a range of different uses, ranging from government offices to schools. These uses are not dissimilar to the proposed use of a pharmacy in terms of their intensity or potential to affect growth in the region. Therefore, the proposed project does not represent growth not anticipated in the General Plan and does not conflict with the implementation of the applicable air quality plan. Less than significant impacts are anticipated. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 9) Discussion: Short Term: The construction of the project may result in.short-term air pollutant emissions from the following activities: the commute of workers to and from the project site; grading activities, including the transport of any necessary soil import and/or export, delivery and hauling of construction materials and supplies to and from the project site; fuel combustion by on-site construction equipment; and dust generating activities from soil disturbance. Using data from the Air Quality Handbook produced by the South Coast Air Quality Management District (SCAQMD), construction of a 12,900 14,670 square foot commercial structure falls below the threshold for similar commercial development. However, in order to address community concerns regarding air quality during construction, it is common to reduce any potential air quality and emissions impacts through standard code requirements. The requirements include, but are not limited to: frequent watering down-of the site to prevent dust movement, wind barriers along the perimeter of the site, removal of debris and dirt around the project site, use of low sulfur vehicles, avoiding construction on high-ozone days, and decreasing activities during windy conditions. The standard code requirements also require that the site be posted with a name and phone number of a contact person capable of handling construction complaints with regard to noise and dust control measures. The contact information will also be mailed out to surrounding property owners prior to grading and construction. No adverse impacts are anticipated with implementation of standard code requirements pertaining to dust control and compliance with AQMD requirements. Long-Term: Using the data from the 1993 CEQA Air Quality Handbook produced by SCAQMD, construction of a 12,900 14,670 square foot commercial structure for retail uses falls below the threshold of significance for air quality impacts. The threshold established by SCAQMD for a small shopping center is 22,000 square feet. Vehicle trips for the project are estimated at approximately 1,137 trips per day after development. The vehicle trips generated by the proposed project are not expected to produce emissions that will significantly impact air quality. Because the scale of the project is substantially below the threshold criteria established by the SCAQMD for potentially significant impacts, its contribution is minor in nature. Less than significant air quality impacts to the area are anticipated. c) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 9) Discussion: Proposed construction and grading activities are expected to generate short-term dust and equipment emissions. These impacts will be minimized through standard development practices and restrictions imposed by the City of Huntington Beach and monitored by City Public Works and Building and Safety Department inspectors. The project is expected to generate a less than significant increase in traffic and associated vehicle emissions. Based on the proposed use as a drugstore and distance from sensitive receptors, there will be a less than significant impact. d) Create objectionable odors affecting a substantial number of Page 13 21-195 otentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources):Impact Incorporated Impact No Impact people? (Sources: 9) Q Discussion: The project does not propose uses that are significant sources of objectionable odors. The emissions of significant odors would not be anticipated during construction. The operation of the proposed project would not emit new objectionable odors on the project site and in the vicinity that would affect a substantial number of people. Less than significant impacts are anticipated. e) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 9) Discussion: Refer to the discussion for items V (b) above. VI. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (e.g., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? (Sources: 1, 10, 20) 0 Q Discussion: Based on the Traffic Impact Assessment prepared by Rick Engineering (June 2, 2008), the proposed development is projected to result in approximately 1,137 new vehicle trips per day. The number of vehicle tri s derived in the Traffic Im act Assessment is based on 12 900 s uare feet of commercial s ace which includes the retaiU harmac and receivin areas. The 1 770 s uare foot mezzanine is intended solel for Ion -term stora e and will not enerate additional vehicle tri s• therefore the mezzanine was not included in the s uare foota e used to determine vehicle tri s for the ro 'ect. Two access points are proposed for the pharmacy. A new access point is proposed along McFadden Avenue and shared access is proposed with Goldenwest College at the current location of the school's northernmost driveway on Goldenwest Street. Goldenwest Street is designated as a Major Arterial Street and McFadden Avenue is designated as Primary Arterial Street in the Circulation Element of the General Plan (1996). The Transportation Division of the City of Huntington Beach has indicated that acceptable levels of service (LOS) for roadway segments and intersections exist in the project vicinity. The City's General Plan considers LOS for all surrounding roadway segments and intersections acceptable. Traffic generation ,associated with the project is anticipated to have a less than significant impact to levels of service. The project is subject to standard code requirements including the payment of traffic impact fees to minimize any potential impacts. The following recommendations from the Traffic Impact Assessment will be incorporated into the design of the project: McFadden Avenue at Project Driveway-Construct the driveway to allow right-turn in/left-turn in/right-turn out movements. The driveway shall be signed and striped to show the permitted movements. Page 14 21-196 0 ISSUES (an d Supporting Information Sources): ..centially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Goldenwest Street at Goldenwest College/Project Driveway-Maintain the existing driveway to the college, sharing access with the proposed pharmacy. The movements permitted shall remain at right-turn in/right-turn out only. The driveway shall be signed and striped to show the permitted movements. Construction traffic resulting from development of the project may result in short-term interruptions to traffic circulation, including pedestrian and bicycle flow. Based on the scope of the project construction, the short-term interruptions to traffic are not considered to be significant. These potential impacts will be reduced through implementation of code requirements requiring Department of Public Works approval of a construction vehicle control plan. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 10) Discussion: Refer to the discussion under item VI.a. above. Increased trip generation from long-term operation of the project will not exceed level of service (LOS) standards on designated Orange County Congestion Management Program (CMP) intersections in the project vicinity. Less than significant impacts are anticipated. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 10, 12) Discussion: The project site is not located within two miles of a public or private airstrip and does not propose any structures of substantial height to interfere with existing airspace or flight patterns. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses? (Sources: 1) Q Discussion: The project site is located along a major arterial street and a primary arterial street that provide access to the site. Project access will be provided via new and existing driveways off Goldenwest Street and McFadden Avenue. The project is subject to compliance with City standards for vision clearance at street/driveway intersections, minimum drive aisle widths and truck turning radii designed to ensure hazards are minimized. No impacts are anticipated. e) Result in inadequate emergency access? (Sources: 1, 21) Discussion: Emergency access to and within the project site would be designed to meet City of Huntington Beach Police Department and City of Huntington Beach Fire Department requirements, as well as the City's general emergency access requirements. No impacts are anticipated. f) Result in inadequate parking capacity? (Sources: 2) Page 15 21-197 ISSUES (and Supporting Information Sources): >'otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: A total of 6164 parking spaces - are ro osed for the project. Cha ter 231 of the HBZSO re uires commercial /retail establishments to rovide arkin at a ratio of 1 s ace for eve 200 s uare feet of ross floor area . The oss floor area of the ro osed ro'ect is 14 670 s uare feet which would re uire 74 arkin s aces. Because the ro'ect as ro osed is deficient in arkin the a licant has a lied for a variance to deviate from the arkin re uirements of the HBZSO. Althou h the rooect does not meet the Ci 's code for number of arkin s aces stora e uses enerall re uire less arkin than retail uses and use a reduced arkin standard. Of the total floor area for the ro osed ro'ec 11 967 s uare feet will be utilized as commercial/retail s ace and 2 703 s uare feet will be utilized for stora e u oses . onl . The re uired number of arkin s aces for 11 67 s uare feet of commercial /retail area is 60 and the re uired number of arkin s aces for the receivin and mezzanine stora e areas based on the E[BZSO stora e/warehouse arkin ratio of 1:1000 would be three. If se arate arkin re uirements were a lied for each use based on the re uirements of Cha ter 231 the total number of arkin s aces re wired would be 63. It should be noted that the Ci has reviousl ermitted a harmac with a stora e mezzanine arked at the 1:1000 ratio. This art icular rooect was develo ed several ears a o and the Ci has not observed nor has there been a histo of corn taints due to insufficient arkin ca aci at the site. Additionall althou h the receivin area was included in the Traffic Im act Assessment for determinin vehide tri s those tri s enerated b the receivin area would be limited to trucks makin de liveries . The deliver tru cks would utilize the a ro riate loadin s ace on the site and would not enerate addi tional arkin demand . In li ht of this informatio and Oven that the stora e areas are not accessible to atrons of the store it can be further concluded that the actual arkin demand would be 63 s aces . Therefore althou h the strict a lica tion of the Ci 's code would re uire 74 arkin s aces based on the actual arkin demand the ro osed rooect would re uire a minimum of 63 s aces. To confirm that the arkin demand is not reater than the number of s aces ro osed and miti ate otentiall si nificant im acts associated with inade uate arkin ca aci to a less than si nificant level the followin mitt ation measure is recommended: The a licant shall submit a Parkin Demand Stud re ared b a licensed Tra is En ineer to con irm that the arkin demand or the ro osed ro 'eet would not be reater than the number o s aces currently proposed. At a minimum the stud shall include a sure o the arkin demand at three CTS Pharmac locations in Oran e Coun durin eak hour weekda and weekend time s. I the Parkin Demand Stud does not con irm a arkin demand o no reater than 64 s aces then the a licant should evaluate rovidin more arkin s aces on site and/or reduce the buildin size accordin 1 . par-king g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 2, 5) Discussion: The project will provide bicycle racks onsite, in accordance with the requirements of the HBZSO Section 231.20- Bicycle Parking. No impacts are anticipated. VII. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through Page 16 21-198 0 ISSUES (and Supporting Information Sources): habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S, Fish and Wildlife Service? (Sources: 1,10) 0 - :;entially Significant Potentially Unless Less Than Significan t Mitigation Significant Impact Incorporated Impact No Impact Discussion: The proposed project site is currently vacant. The project site does not support any unique, sensitive, or endan gered species, is not shown in the General Plan as a generalized habitat area, and is not in the vicinity of any sensitive habitat. Therefore, no impacts to any habitat or wildlife area are anticipated. b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? (Sources: 1, 10) Discussion: The project site does not contain any riparian habitat or sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service. The project will not result in any loss to endangered or sensitive animal or bird species and does not conflict with any habitat conservation plans. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 10) Discussion: The project does not contain any wetlands; therefore, no impacts are anticipated. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? (Sources: 1, 10) Discussion: There are no wildlife nursery sites within the project site. The project site is not part of a major or local wildlife corridor/travel route, as it does not serve to connect two significant habitats . It is located within a developed urban landscape, surrounded by existing commercial, residential, and institutional uses. The existing right-of-ways that are located immediately no rth and west of the site do not connect to a larger open space area and do not provide adequate space, cover, food, and water for wildlife movement. The area is constrained and fragmented as a result of urban development. However, due to the abundance of mature trees on the college campus and the project site, migratory species may use portions of the site for nesting during breeding season, which are protected under the Migratory Bird Treaty Act (MBTA). Project implementation and construction-related activities may result in the disturbance of nesting species protected by the MBTA. The MBTA protects over 800 species, including geese, ducks, shorebirds, raptors, songbirds, and many relatively common species. The loss of nesting efforts of sensitive species protected by Page 17 21-199 ISSUES (and Supporting Information Sources): -otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact the MBTA, as a result of the removal of mature trees onsite, would be considered a potentially significant impact. Therefore, the following mitigation measure would be required to lessen the impact on migratory wildlife species. Prior to the onset of ground disturbance activities , the City shall implement the following mitigation measure which entails nesting surveys and avoidance measures for sensitive nesting and MBTA species, and appropriate agency consultation. Nesting habitat for protected or sensitive species: 1) Vegetation removal and construction shall occur between September 1 and January 31 wheneverfeasible. 2) Prior to any construction or vegetation removal between February 15 and August 31, a nesting survey shall be conducted by a qualified biologist of all habitats within 500 feet of the construction area. Surveys shall be conducted no less than 14 days and no more than 30 days prior to commencement of construction activities and surveys will be conducted in accordance with California Department of Fish and Game (CDFG) protocol as applicable. If no active nests are identified on or within 500 feet of the construction site, no further mitigation is necessary. A copy of the pre-construction survey shall be submitted to the City of Huntington Beach. If an active nest of a MBTA protected species is identified onsite (per established thresholds), a 250- foot no-work buffer shall be maintained between the nest and construction activity. This buffer can be reduced in consultation with CDFG and/or U.S. Fish and Wildlife Service. 3) Completion of the nesting cycle shall be determined by a qualified ornithologist or biologist. Implementation of the above mitigation measure would ensure that the substantial loss of these species will not occur and would reduce this impact to a less than significant level. e)Conflict with any local policies or ordinances protecting biological resources , such as a tree preservation policy or ordinance? (Sources: 1, 10, 22, 23) Discussion: An Arborist's Report, prepared by Consulting Arborist Alden Kelley, has been completed for the project site, which identifies trees on the site, describes the size and condition of each tree and the feasibility of retention or relocation of trees. According to the Report, the site contains 22 mature trees that would be impacted by construction. Of the 22 impacted trees, nine are proposed to remain, seven are proposed to be relocated, and six trees are proposed to be removed. Two trees that are proposed to be removed to accommodate on-site parking are of superior and high average conditions. The removal of six mature trees has the potential to significantly impact biological resources. To mitigate this potentially significant impact, tree replacement for existing mature trees on-site shall be in accordance with the requirements of Chapter 232-Landscape Improvements of the HBZSO. For the seven trees to be relocated, proper translocation procedures are required in order to avoid potentially significant impacts as a result of the relocation. To mitigate this potentially significant impact, the Arborist's Report shall be revised to include the following: 1. The trees shall be transplanted by a qualified tree service to be approved by the City of Huntington Beach Public Works Department. 2. The detailed specifications and procedures for the translocation of the identified trees as outlined by Darrell W. Simpson from Great Scott Tree Service Inc. in the letters dated June 4, 2008 and June 5, 2008. 3. The relocated trees shall be maintained and guaranteed to be alive and thriving after fouryears by a qualified tree service or arborist to be approved by the City of Huntington Beach Public Works Department. The trees shall be surveyed every six months for a period of four years as to their viability. The survey shall be Page 18 21-200 ISSUES (and Supporting Information Sources): ;tentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact submitted to the City Landscape Architect for review. In the even that any tree is not surviving , it shall be replaced with the same type and size of tree. 4. A letter from the developer stating that the recommendations of the Consulting Arborist will be followed. Implementation of the translocation specifications by Darrell Simpson, guarantee of tree survival, and tree replacement requirements would reduce the impact of the translocation of these mature trees to a less than significant level. Construction of the project will be subject to standard City requirements for the submittal of landscape plans demonstrating compliance with current code requirements and the replacement of existing mature healthy trees to be removed at a minimum of 2:1 ratio. Twenty seven trees are proposed to replace the six trees that are removed. A total of 43 trees are proposed to be onsite. f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 10) Discussion: The project site is within an urbanized area and does not support any unique or endangered plant or animal species. The project site is not a part of any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan. No impacts are anticipated. VIII. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1, 10) Discussion: The proposed commercial development will not result in the loss of a known mineral resource. The project site is not designated as a known mineral resource recovery site in the General Plan. No impacts are anticipated. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (Sources: 1, 10) Discussion: The project site is not designated as an important mineral resource recovery site in the General Plan or any other land use plan. Development of the project is not anticipated to have any impact on any mineral resource. No impacts to mineral resources are anticipated. IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1, 10) Discussion: The proposed retail building is designed for the sale of packaged household items and pharmaceutical products. The Page 19 21-201 ISSUES (and Supporting Information Sources): - :-otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact applicant is not intending to operate the site in a way that would generate hazardous materials except for the silver in the photo development solutions. Waste from the photo development process will be collected through an internal recovery system and picked up by a professional service. Less than significant impacts are anticipated. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1, 10) Discussion: During grading and construction activities for the proposed project, there would be typical worker safety risks associated with the use of construction equipment and exposure to potentially toxic construction materials. Compliance with Federal and State Occupational Safety and Health (OSHA) regulatory requirements would reduce the potential for construction related risks from the transport and use of hazardous materials. In addition, although construction activities would include the use of hazardous materials such as gasoline, diesel fuel, herbicides, and solvents, the use of these materials would be typical of commercial construction and landscaping and would pose a low risk of hazard. Less than significant impacts are anticipated. c) Emit hazardous emissions or handle hazardous or acutely hazardous material, substances, or waste within one-quarter mile of an existing or proposed school? (Sources: 1, 10) Discussion: The project site is adjacent to Goldenwest College and is located 0.70 mile from the nearest elementary school (Circle View). The proposed project will not emit hazardous emissions or handle hazardous materials beyond general cleaning supplies except for the silver in the photo development solutions. Waste from the photo development process will be collected through an internal recovery system and picked up by a professional service. Therefore, less than significant impacts are anticipated. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1, 10) Discussion: The project site is not located on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No impacts are anticipated. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or pubic use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 10) Discussion: Although the City is located within the Planning Area for the Joint Forces Training Center, Los Alamitos, the project site is not located within the height restricted boundaries identified in the Airport Environs Land Use Plan or within two miles of any known public or private airstrip. The proposed project does not propose any structures with heights that would interfere with existing airspace or flight patterns. No impacts would occur. Page 20 21-202 ISSUES (and Supporting Information Sources): f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 10) _entially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The project site is not located near any private airstrips. No impacts are anticipated. g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 12, 21) Discussion: The project will be designed to be in compliance with fire access and circulation requirements. The proposed development will not interfere or conflict with an adopted emergency response plan or evacuation plan. No impacts are anticipated. h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1) Discussion: The project site is located in an urbanized area and is not near any wildlands. No impacts are anticipated. X. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 5) Discussion: During the site grading for the new building and other construction phases of the project, noise levels on the site may increase from normal construction vehicles such as concrete trucks and a backhoe as well as other equipment and tools typically used on construction sites. Construction of the project will create short-term noise impacts. However, the development will be required to comply with the City Noise Ordinance (Chapter 8.40 Noise Control), which restricts the hours of construction to reduce impacts to the area. No other significant impacts are anticipated after construction due to the nature of the use, which is compatible with the character of the area. Long-term noise impacts from the project, including the drive-thru service, are subject to compliance with the City Noise Ordinance as well but are not expected to be a concern due to the proposed uses which will not result in any significant noise impact. Less than significant short- and long-term noise impacts resulting from the new development project are anticipated. b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Sources: 1,5) Discussion: Page 21 21-203 ISSUES (and Supporting Information Sources): • : otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Although there may be some temporary groundbourne vibration or groundbourne noise levels due to construction activities, these would occur infrequently and would be short-term. In addition, the proposed commercial development on the project site would not result in the generation of significant groundbourne vibration or groundbourne noise during long-term operation. Implementation of the proposed project would not result in the exposure of people to or the generation of excessive groundbourne vibration or groundboume noise levels. Less than significant impacts are anticipated. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 5) Discussion: The type of noise to be generated by the project in the long term will be similar to that generated by other commercial uses in the area and is not anticipated to increase the ambient noise levels significantly. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 5) Discussion: The project is anticipated to generate short-term noise impacts during construction. Based on a standard code requirement, which regulates hours of construction, a negligible impact is anticipated. No other significant noise impacts are expected after construction due to the nature of the project, which is compatible with other uses in the area. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 10, 12) Discussion: The City of Huntington Beach is included in the Planning Area for the Joint Forces Training Center in Los Alamitos. However, the site is located a considerable distance from the Training Center, such that the project would not be impacted by flight activity and noise generation from the Center. No impacts are anticipated. fl For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 1, 12) Discussion: The project is not located within the vicinity of a private airstrip. Therefore, no impacts are anticipated. XI. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Page 22 21-204 tentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources):Impact Incorporated Impact No Impact a) Fire protection? (Sources: 1) Discussion: Fire and emergency services to the project and vicinity are provided by the City of Huntington Beach Fire Department. Primary response services are provided by the Murdy Station, Fire Station No. 2, located at 16221 Gothard Street, approximately 0.75 mile southeast of the project site . The proposed development can be adequately served by existing Fire protection service levels. Less than significant impacts are anticipated. b) Police Protection? (Sources: 1) Discussion: Police services to the project site and vicinity are provided by the City of Huntington Beach Police Department. The closest police station is the Police Sub-Station at Bella Terra Mall, approximately 0.75 mile southeast of the project site. The proposed development can be adequately served by existing Police protection service levels. Less than significant impacts are anticipated. c) Schools? (Sources: 1) Discussion: The project site is adjacent to Goldenwest College and is located approximately 0.70 mile from the nearest elementary school (Circle View) and will not result in substantial adverse physical impacts. Payment of school impact fees will be required prior to issuance of building permits. No significant impacts are anticipated based on the location of the site and nature of the use. d) Parks? (Sources: 1) Discussion: The proposed project is not expected to have significant impacts to park facilities based on the location of the site nor result in a significant demand on existing park facilities. e) Other public facilities or governmental services? (Sources: 1) Discussion: Due to the small size of the project, it is not expected to have significant effects on other public facilities or governmental services. With compliance of standard code requirements and compliance with City specifications, less than significant adverse impacts to public services are anticipated. XII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 18) Discussion: The Water Quality Management Plan (WQMP) shall be prepared in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations and approved by the City of Huntington Beach Public Works Department. Page 23 21-205 ISSUES (and Supporting Information Sources): - : otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact The WQMP will establish Best Management Practices (BMPs) for construction and post-construction operation of the facility and its implementation will ensure compliance with water quality standards and water discharge requirements. Less than significant impacts are anticipated. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 18) Discussion: The project site is currently vacant. The project is not expected to result in the construction of new or significant expansion of existing water or wastewater treatment facilities. There are existing public water pipelines along Goldenwest Street and McFadden Avenue that could satisfy the demands of the project. A Utility Plan for new water service connections shall be reviewed and approved by the Public Works Department. All utility connections to the project site will be in accordance with all applicable City standards. Wastewater services for the proposed project will be provided by the Midway City Sanitary District. A "will-serve" letter from the Midway City Sanitary District has been provided by the applicant. The project is subject to standard code requirements and no adverse impacts to the City's utilities or services are anticipated. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1) Discussion: The existing 60-inch storm drain under the proposed structure shall be re-routed and sized per a required Hydrology and Hydraulics Study. The precise Grading Plan, Storm Drain Improvement Plan, and Storm Water Pollution Prevention Program will address the construction impacts of the relocation of the storm water drainage facility. Less than significant impacts are anticipated. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 17) Discussion: The project site is currently vacant. Because the proposed project would result in an intensification of development on the project site, the project would result in an increase in water demand. However, the project would not result in a significant increase in water consumption that was not previously planned for in the 2005 Water Master Plan and 2005 Urban Water Management Plan. The estimated project demand can be accommodated from the- City's water supply and does not represent a significant impact. The project is subject to compliance with the City's Water Ordinance, including the Water Efficiency Landscape Requirements, as well as Title 24 conservation measures such as low flow fixtures, which ensure water consumption is minimized. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1) Page 24 21-206 ISSUES (and Supporting Information Sources): -ientially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The proposed project would generate approximately 100 gallons of wastewater per day. Sewage from the proposed project will be delivered from the Midway City Sanitary District's feeder lines that connect to the Orange County Sanitary District's trunk sewer lines . The wastewater generated from the proposed project would be treated by Orange County Sanitation District's Plants No. 1 and No. 2. The two plants have a treatment capacity of 276 mgd. Average daily flow to both plants combined is 243 mgd. These levels provide an additional capacity of 33 mgd for both Plants No. 1 and No. 2. The proposed project would generate negligible wastewater and would require the use of approximately 0.0003% of the remaining capacity of the OCSD's facilities; therefore, less.than significant impacts are anticipated. 1) Be served by a landfill with sufficient permitted capacity to [J Q C] accommodate the project 's solid waste disposal needs? (Sources: 1) Discussion: Solid waste collection service for the City of Huntington Beach is provided by Rainbow Disposal. Collected solid waste is transported to a transfer station where the solid waste is sorted and processed through a Materials Recovery Facility where recyclable materials are removed. The remaining solid waste is transported to the Frank R. Bowerman Landfill located in the City of Irvine. The landfill has a remaining capacity in excess of 30 years based on present solid waste generation rates and the project's net increase of approximately 13,000 14,670 square feet of new floor area is not expected to generate a substantial amount of daily waste products in the long term based on the proposed use of a drugstore. The project is not anticipated to noticeably impact the capacity of existing landfills that will serve the use. g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1) Discussion: The project will be served by Rainbow Disposal and will be subject to participation in any solid waste reduction programs presently available in the City. h) Include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands?) (Sources: 18) Discussion: Refer to discussion under item IV.a., above. XIII. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1,3,4) Discussion: The proposed project site is not situated adjacent to or in the vicinity of any scenic vista designated by the City or the State. As a result, no impacts are expected. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1) Page 25 21-207 ISSUES (and Supporting Information Sources): - . otentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The State of California Depa rtment of Transpo rtation designates scenic highway cor ridors . The project site is not within a state scenic highway; nor is the project site visible from any (officially designated or eligible) scenic highway. In addition, as the project site is presently developed, the site does not contain rock outcroppings or historic buildings. No impacts are anticipated. c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 10) Discussion: The project site currently has 22 mature trees. Of the 22 impacted trees by the construction of the proposed project, nine are proposed to remain, seven are proposed to be relocated, and six are proposed to be removed. The trees to be removed are ornamental and will be replaced with similar landscaping. Pursuant to a recommended mitigation measure, the trees to be relocated shall adhere to proper procedures for the translocation in the revised Arborist's Report, prepared by Consulting Arborist Alden Kelly: the Report shall include detailed translocation specifications; the work will be performed by a qualified tree service to be approved by the City of Huntington Beach Public Works Department; and any tree that does not survive after four years shall be replaced with the same type and size of tree. Implementation of the recommendations in the Report would reduce the potentially significant impact to the visual character of the site to a less than significant level. In addition, the proposed project will be designed in accordance with the City's Urban Design Guidelines. The proposed building will be divided into distinct massing elements and all building facades will be articulated with architectural elements and details. The project will be reviewed by the Design Review Board (DRB), who is charged with reviewing projects for consistency with communi ty design standards and objectives and making recommendations to ensure the project features a high quality design, the use of quality building materials, and compatibility with the surrounding neighborhood. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Sources: 1,3,4) Discussion: The proposed project is located within a highly urbanized area. Because the project site is currently vacant, implementation of the proposed project would result in additional nighttime lighting and the potential for glare from the building, parking lot, and the increased number of vehicles on the project site. The project will be subject to a standard condition of approval that requires lighting to be shielded and directed so as to prevent glare and spillage onto adjacent properties. With the condition of approval in place, less than significant impacts are anticipated. XIV. CULTURAL RESOURCES . Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 615064.5? (Sources: 1, 10) Discussion: The project site does not contain any historic structures and is not located within any of the City's historic districts. No historical resources will be impacted by construction of the project. b) Cause a substantial adverse change in the significance of an Page 26 21-208 ISSUES (and Supporting Information Sources): archaeological resource pursuant to 815064 .5? (Sources: 1, 10) - -centially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Discussion: The project site is not located in an identified archaeological site; therefore, no impacts are anticipated. c) Directly or indirectly destroy a unique paleontological resource or site unique geologic feature? (Sources: 1, 10) Discussion: The project site is not designated as having any paleontological resources and does not contain any unique geologic features. No impacts are anticipated. d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 1, 10) Discussion: The project site is not expected to result in the disturbance of human remains. No impacts are anticipated. XV. RECREATION . Would the project: a) Would the project increase the use of existing neighborhood, community and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated ? (Sources: 1) Discussion: Although employees of the proposed use may visit existing park facilities , no signific ant increase in the use of existing neighborhood, community, and regional parks or regional facilities is anticipated based on the small size of the project. Moreover, the project will be subject to payment of the City's park fee pursuant to the HBZSO. Less than significant impacts are anticipated. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1) Discussion: The project will not require the construction or expansion of new or existing recreational facilities. The proposed use is a CVS Pharmacy; therefore, no adverse impacts to recreational facilities are anticipated. c) Affect existing recreational opportunities? (Sources: 1) Discussion The vacant project site, used seasonally as a pumpkin patch and a Christmas tree lot, has provided temporary recreational opportunities for the community. Implementation of the proposed project would result in the loss of the site from being used for temporary recreational events. However, the impacts to existing recreational opportunities would be less than signific ant since these seasonal uses are temporary in nature and do not impact the City's overall inventory of parkland and recreational facilities. There are also-other locations where these type of seasonal events Page 27 21-209 •0 :otentially Significant Potentially Unless Less Than Significant Mitigation Significant ISSUES (and Supporting Information Sources):Impact Incorporated Impact No Impact can and do occur. Although employees of the proposed use may visit existing recreational facilities, no significant increase in the use of these facilities is anticipated based on the small size of the project. Less than significant impacts are anticipated. XVI. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Conve rt Prime Farmland, Unique Farmland , or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (Sources: 1, 10) Discussion: The project site does not serve as farmland and does not contain any farming operations. Development of this project will not result in the conversion of any fannland. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 2) Discussion: The subject site is presently zoned PS (Public-Semipublic) which does not permit agricultural uses. In addition, the project site is not under a Williamson Act contract. Development of the site will not conflict with agricultural uses or zoning. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1, 2) Discussion: This site is currently vacant but is surrounded by commercial, institutional, and residential uses. No environmental changes associated with the proposed project would result in the conversion of farmland to non-agricultural uses. XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1, 3, 4) Discussion: Page 28 21-210 ISSUES (and Supporting Information Sources): _._ centrally Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact The project site is currently vacant. It is not located within any wildlife or biological resource area and therefore will not impact any fish, wildlife, or plant community. The site does not contain any historic resources. As discussed above in section VII. Biological Resources, the proposed project site is vacant with little to no native habitat on site, and suitable habitat for sensitive mammal, reptile, amphibian, or fish species does not exist on the project site. In addition , no riparian habitat or other sensitive natural communi ty or wetlands exists on the proposed project site. It is unlikely that any substantial wildlife movement would occur through the proposed project site, as the site is mostly dirt and contains 22 mature trees. Implementation of the proposed project would result in the removal of six mature trees from the project site and relocation of seven mature trees onsite. As a result, the project has the potential to significantly impact the existing mature trees onsite. Mitigation measures relative to the relocation and removal of the mature trees shall be implemented to reduce potential impacts to a less than significant level. As discussed above in section XIV. Cultural Resources, the project site does not contain any historically aged structures or any unique archeological or paleontological resources. b) Does the project have impacts that are individually limited, but cumulatively considerable ? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) (Sources: 1, 5, 10) Discussion: As discussed above in Sections I to XVI, the project with implementation of standard code requirements and mitigation measures is anticipated to have less than significant impacts due to the small scale of the project and would not result in any cumulatively considerable impacts. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1, 5, 10) Discussion: As discussed above in Sections XIII. Aesthetics, the project site currently has 22 mature trees. Implementation of the proposed project would result in the removal of six mature trees from the project site and relocation of seven mature trees onsite. As a result, the project has the potential to significantly impact the visual character and quality of the site and its surroundings. Standard conditions of approval and mitigation measures relative to the relocation and replacement of the mature trees shall be implemented in order to reduce potential impacts to a less than significant level. As a result, a total of 43 trees are proposed to be onsite. Page 29 21-211 XVIII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier Documents Prepared and Utilized in this Analysis: Reference # Document Title 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 City of Huntington Beach General Plan City of Huntington Beach Zoning and Subdivision Ordinance Project Vicini ty Map Preliminary Site Plan, Floor Plans, Elevations, Landscape Plan, Grading Plan City of Huntington Beach Municipal Code City of Hutington Beach Archaeological Site Vicinity Map City of Huntington Beach Geotechnical Inputs Report FEMA Flood Insurance Rate Map (February 18, 2004) CEQA Air Quality Handbook South Coast Air Quality Management District (1993) City of Huntington Beach CEQA Procedure Handbook Trip Generation Handbook, 6`' Edition, Institute of Traffic Engineers Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos (Oct. 17, 2002) Hazardous Waste and Substances Sites List State Seismic Hazard Zones Map Geotechnical Engineering Investigation Prepared by Norcal Engineering (October 8, 2007) Page 30 Available for Review at: City of Huntington Beach Planning Dept., Planning/Zoning Information Counter, 3rd Floor 2000 Main St. Huntington Beach See Attachment # 1 See Attachment #2 City of Huntington Beach Planning Dept., Planning/Zoning Information Counter, 3`d Floor 2000 Main St. Huntington Beach It 11 B 11 11 21-212 • 16 Phase 1 Environmental Site Assessment Prepared by Shaw Environmental, Inc. (October 3, 2007)<t 17 18 19 20 21 22 23 24 25 2005 Urban Water Management Plan Water Quality Management Plan Prepared by Rick Engineering Company (April 23, 2008) Drainage Study Prepared by Rick Engineering Company (April 21, 2007) Traffic Impact Assessment Prepared by Rick Enginee ring Company (June 2, 2008) City of Huntington Beach Emergency Management Plan Consulting Arborist's Report Prepared by Alden Kelley (October 2007) Letters from Darrell Simpson from Great Scott Tree Service Inc. dated June 4, 2008 and June 5, 2008 Trees on Site Excerpted from the Arborist's Report Prepared by Alden Kelly (October 2007) Summary of Mitigation Measures {t <t 11 if 11 Attachment # 3 Attachment # 4 Attachment # 5 Page 31 INTENTIONALLY LEFT BLANK 0 e MCI I am WARMM • • GpI7[fy I TTOTVtf • Ate! F ATLLT J •C S Subject Site I VICINITY MAP ENVIRONMENTAL ASSESSMENT NO. 07-007 (CVS PHARMACY - 15520 GOLDENWEST STREET) ATTACHMENT NO.121E-2__-_ 15 INTENTIONALLY LEFT BLANK rPROJECT SUMMARY:Lm'eR<WL[q IMiM LfIR 1 i0 L"v3Y/aY116T LL 010 KwPYC4 a•.IL 55 110(0e0D 101 CvG0.YV.00(000(0 50$1 M 1 EMI (000100110(000EXISTING LAND INFORMATIONW5GY01500i1 OA.aIESE a4ITF CF x01105 x, TaxW $EM x. Yl.r,u0I.Y 0105(0LJ YJL31 Lx[lx 1MEPIT OF-0x10.1. 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GLOT TN IN1,00 I< 5x41000/10010 10,70 k 5x4ZONING INFORMATIONM L3d1N -DEVELOPMENT SUMMARY0 rT.01 101ITT51 YOK W•s d 0..1 4455005Ci<'oLO'"roxST 14LdMi5 ua owrEeCT 5 1 Ir qsu,lqT,TOY,711 001515001$40110.005 rw4uG{ If 1055Y a Gn 1(000 w 43t4o i.ICIS4i O, ,,, mWWv 04200x[Wux040 10 01o0µ 01000 m or TOUTIUTY INFORMATION203 ruc 1 1 INi v 3 011 11-1 ITTWw•oo4C X100ui1 n714. 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Mi RW 0 000vOro ,r 0000005 0.w 01500 014 0000011OEOFT(OIOT 00000000 A P000000C O4 110(011! 11134110. 0140.1014000 Nx400Lt 5010LOpmi411Mw{, Y,LY®05oY, TO R1O10041LMIT00000 il"; gN[Pi[aL0W400[04 0 T01011 0110 GVDMIIL P5YIGIF [011100 4CITY0004 x i4 474.7 Y401r0TO TK 00 OF 1111 0000/0105 011001101.1000010 110 0130404410000141010 W WA IS 000010(0TO 4014E 000 . 00g001110 ro 0 00110000 Em 40 000/010 0 01140 0000001E 000410 TO 0610004 00001*204000. 000115 0501PILL SLOFts.1 [ u1001 T0401{-{10011110 RgT110"(, IIYLL 00 rOOVm TO TX100000000 (01W an0X1404.II 1)110000. PlOT (0 10x100 0000111 0)0011110 000000.100010(40100 0100 0/1d 61114 00.$1411 700 OI id5Y10010100111100131010 00110 M 1110 01 n 000000/000 (0 714 00100 r Y 001410 OKOT 00510100 0000 410/0 /40103 T10311L 0K 0404 0110010 0 AND 07(0011. 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PO43.5016 UIMIITEf 100 v0T10Nl7E 010 00504or 1E0M5 0r 0104. 400401" maimIOI/OI.I00.[111 Y .0011.00.SOURCE OF TOPOGRAPHYTX T(0OLAIIA $000 XIE0 4 4 0um M m TOEPT0LG 0000011 0)OITm1.OV7YVKMw•EL1W 411(04(0(00 YD YYNOCBASIS OF BEARINGKf q 01(TIN $10aE T( ".Te 0)0 TOOE 00.$0000001 fWlYF00r0 iYn4 00005500 gTw1 n 0001000 0 011(01400 POM vE • 0.O V Ai WOYO00000011110 0010001 01 x(00.1!4.0./ 00011111E1140 M00YT000 00$0$(00 010004011 075100. 01101INt5 OF SHEETS0100 If 01$11 IIj F1I1L1103CI04IAIIt4_o6a"5 44'UiIPLL -....E•f $4x15OWNER/SUBDiVIDERwuyp1y16R0000155010$410(00KJ015(0055/ IEi.YU KwDEVELOPER11110.(0x0 4.00100.(01130C94II"iTamI011001140000000ARCHITECTJ &%u II 0.00SOILS ENGINEER0011 LOM<LL 0M{0TDYfLq 4.4X0035100001$0ABBREVIATIONS010_Far ar n1,11o1p=T:._____1 d[v7ir'II4101154 IT)0I"M1) .0010., 101FL,E10J..°"13MG1 1000 1 04400` /0 •A5 • I414I .00010,101 mn 10 0rmMADTNO $01)01 000 0140010E YYi/00!!005 004 MIII 001 09 IT 00140 0 $104 $101011BENCHMARK11 10 0040 1004 x00%(0-U 00 TOPP IT4 E•Y P r m 01 701 00000GGO0Fix100 000001 07 00x00.f22,0./ 0100141100.0 .1140000071110 903TE.14 404700410001004 OITA 01(07.040/7105 r 0.331 00001(0(0(01001now NOn.xEhw4001.1),N. 1350(01.. 1501.10.0 0000-0100,0.01015.0403.20.0n.to-071•.01400 •rr'1N1004NJ 1•\eedd08'0b'e'd'OalSepgl 'PROPOSEDCYi PNARMACYT4.STDiQ•PT:FF.15ZSASSS'•O0' X oora'DO.a00x0[xWIf0,0T PC TD00.01.E•00.010 COIW. V.ON a W Y /0,rlLwrtx-0,1-:1;r -OmfI,&t. D00 M.-TYPICAL PARKING SPACEO& PLANTER "STEP OFF[W 'IOKY•tTYPICAL 6[' CURBKEYNOTES:?5100010 rouwooop MWOfm S•tumTut0Mre[u TOAtX COi0RSC 1501$ !C D w Pu D1+ Erua0O[Q M0.00091E0,0000041111000,000000Q 00000000 04100 mm 110101Q 000.000 vcaoent 000 mmQ M000S(a 003 £OIWOT 00. EonQ 10000100 10001 001000(01Q P5WOR011(a1P401011 I00WMN0.® rwwm LOM. c d f0® <6 L01EI Wt K. Pa IX.? 000000 00/01 PL.0C,TOX®MOP.00TU M0M RIO PPTE1 IWIT M 0000.® 0000000 M090,3 TO ER0M0 00000 00035.® MWVAV wwtr P,vsA w.mm0M0000 0 0010000 VA X.0-1® rsWORo 00A 1001. CITnm .1WDtED 11(31 STOP 0.110000 ow,".1007 0 008000. 115 tm S1500001. N N aGRAFRC SCALE to'y P-Pd."• arm0.01.0 N4.InLE(..tLl0ESLR/Pr/ON. M RCEL1ar(Xr"'.112 17. a, 511i ["ILCt+pw,ia[asw[,-0t, STIR 01 TS'IYO f[<rwibEF34-6 Ad.., be °iKP. [i' iwrfwiuLTiuwl[• M raLLLO.NtL,1. 15rMfS! Vfi Si[_iv i"rtaWNN'i T> WpfGXr.E. l- I GfOYIrbS Ll'% fiUi!' 40 rp•rtRr 1lT0 FdfA!'X1[uf 00 LT'- WEG.IeUs[Lrlpt yy yV00pM 00,90,[ 0rD 0,0000EMiv lf,tl( w IOVI trG. GRG`rp flbItoM u3 aLy,(e[s`iwFix1eii%lxrrtfrMIixft,^)I[0WTR ii! si rLert "1eE(rT°4ai1YlSS^iMMpL{aoriigy[yL{IM1wG w„fdLliT:LP1 1140fTTO MU{.lOVrMN En1XEe'u1nrE! ]01 00,0[0 011110, MO[( OfT.fl T'I00Ox0 GP0.1000ITT(OTT L IWe`TX CO.1'31'COTTJy.02 PEST r0 0O000.1(P0 11 I•w%iOi l tT4T001 WAO ioar ! MGK WUMIfTOyMXRM+iwesr4 , !0D +wCEt YYD NOXO TI(C OIG 5.0 IU.K TIw0UP1 • C(1DV4 YKl[ W_GSI,fYD.OTYO1 G([I[NdnL}I1LU [g001vroT viOff WX9GL fP'1rM";`I('uSDS']('JT EIrSGI,JM fQI5our [ rrur x.x54oP°'.LGTKUiAf TECII:uc`"rak'"T[[ivucw.D0000." MO GGI.tt. VM[ 00 LESS.n1$. POtTOR W MS•or1.01.a.•.cIcon Zyelese: $3r181°00 i 1KICKEXLSYINTY COMMERCIAL t00ANG(CITY OF WESTMINSTER)IPa nwruMI00.0[110 T01MCFADDENAVENUEEf POxt NL r!; / _. .CITY-OFWESTMINSTERyn-'-16-•••-•-•••-••tfik"W=.•.-•-•••••-7E 7• •-• ••GM.._ ..;o\'L,CRY OF HVNTINGTON EPN L7ERr?IZC6P.*40 N.....;50.15 T.N4 rnr L.MA.N. 1•/raxax0X....11.•...11200;0[_PIP•L r• LERISTINO C M7MERCIAL ZONING(Clr OF WSSTMINSTEIO17ACFADD_EN AVEKc0(19.00ADT)...........M..- ............... r_..-......:.._.....du iin- • ___i"- ..__.._....._ _ry:.r':.-'_-_CfTY O /ESTMINSTERap!{F eR{[w16 CUMoilIlk, I13- .pyefj (xl,Js-.. ..^I7E I•.1r.-FX PL-,'i.ip 1 My-•{1-L.4Rj,,,P•f,iPertt i ..4-51,sowi MOPORO »MN to OAWL PRN 2OIA W PAR 0» TTYIFA5AAD mm= 6R4/MO 1 OvuelAwow o mm was mm0 nlaR5 5'55I TZ 0N6 mn118D"MWOme3pVK CVFAQMT YMC i(tW PQ 311'DCTAETO mom? PAPOR RL0FPOim 5 uawwR "mm®M MM UTOI SM. Sill Sim A6"TA POI Pali2see Ye)0rRarRm IIAP Dp~AOTO!®APAOPORp P ~'cm SLAORPA .e•P n0®"mm LOADNO M.as LMLACY2 PLW ram 0L?RZ 7mlovux Aw.a, wxRwPROPOSEDCV!PHARMACY14,01'0 50.PT.•6F..26.0/Ss'.ir x 115.1'iR, RwMRaIrfGL0 .U*CKrP4owlwuwo^'*'asuSiPorO.aea Oe.w;-F` FVR'P aoa6 -xRA».71. 0 IrAeao nI",lc)i.GO E LL allkNPA.lb 1/r- _ _£ `•e -.irt-PROP. PL- J - _ '.PLASRISW IALION FJIIYIN9 ZLNE1 ' 1CRUHC SCALE n SD'mmd PK.., ., DG'S .......P,Mw N4...Au.Nwr.. P.PM.S N.w. uw.y. n7DFL7IAiIIid$TD'].II7P050.' r7•EaOT0!P•KEYNOTES:tiJQ rParORO PAamNUAwumrnNJ r•_•__._._...... ».... ....... .BEaCHF HUNTIOTONGITY ONs?;%;aa.;,;,,,rc:=.ra:::=•+'+_'aacmrA I IM4 y {I,: ^• 4 EX COLLEGE . 'M n CFr'LI '"' MAINTENANCE., r!•41.41 4„l.wV Yr..y,w •w,00MCFDDN AVENUErCCITY WESTMINSTERCVOPNARMACY14,676 aO.FT.F.P..06.06a5'•10^ x 176'3^1•gyS.NK.4an»1N1Rd.,.ti e4.*t,ri»„SI'}!IFEX.COLLEiLOifDESIGN VEHICLESA ,lV4.W.. lV .VRIICKTr•61101/C 6CALE N 60'''E•-PF},::.;:.-•D,._..,..._jI{ II.Nr.lw 4,7 D4D•7•iFQLII•7-i..»w»... , if-PC-OTOro-,tYARDII•1: +:',I.I+I•:Jl i 11 .''' 'I II I I{ II .I .COIlr'EOI.t.Is4AN711.II LOM t1'u, iiI 1r ;.•,IL =I• 1 "`YetrkQN'I W7vz 'oI' ' ! •_lid'ItREA37. b Ap:• i :rj"" 1'i 1 • IIN;111f"ZJt?!,., 1'lltiF„III •I•",-'._. _,..n'I4N41;'AC OSS-SECTION A-ANOT TO SCALETI.la a CURTr0 lur.CErl»IiCll.IKKo FLOORc. .CoorAClgl t1r.E..KENM i4 tl'Oft rNaFa Ia v rCROSS-SECTION B-BNOT TO SCALERwp,{cS0 44oaaM ..MM, AlTfnnnT eevr.4r .,.. ,e}Y YNY4I4L4co€"L PLAN VIEW- - - - - -MCFADDE t YENN143. IF0000. ROAD{RRISRInAMlM7N.aqO+wL WV•Iyh„.WS PHARMACY------ --------------,'Y Y:eA2r `x,,;? 1fr;Ii4SM y,Iynalq... "< ...A..H, a' M. - x, ,,:r';4 •. , i n.,:ice:.k.'itnEXISTING PARKING AREA FORGOLDEN WEST COLLEGEvMa. 14110,10f^AEXISTING PLANT ATE I L TO BE PRE ERVED,EXISTING TREES TO DE PRE$IRVEO N PLACID (E TOTAL$too, .51EUCALYPTUS CTIRODOMILEMON SCENTED 010310124)005PIOUS CANARRJWNI• CAMRY K4N0 PINE D TOTAL)PIOUS NALETEN ISI• ALEPPO PINE (I101242PALMTREIIIUCNA• P5IHMINWABNINGTONIAHY5RIDINYIRO FM PALMPLOWERNGAC ENTTREEDUCWAS, ULTITRUNNS6•IOALE 5 D U010011ROMM 110 25 NVBRIOSICRIJ[MYRTLIACCENT MADE 70500000 AS, SOYMUNINAVM110AT1/PURPLE ORCHIDMELALEUCA OUINOUNFAVN I PAPS RI AINCALODENDRUMCAPENOE I CAPE CHESTNUTEUCALYPTUS TORWATAIOOMLOLRAPIITOSPORUMUNDULATUMIVICTORMN IOX(1 TOIL)612E AND 4P6CE5 N100WN(1)TOTALPR P S D PLRI0211000 TREED TO BE RELOCATED (I TOTAL)j R +PSND CANMIE/b15rWARY ISLAND PINEF97 3PLAN6W/CRENG(GROWING CN 1]9 WALL)SITE 06LCULTR111:III) SPACER 11501000N•) 00101115 NAOE PROV0E0LAN0t0APB AREA REOUREMZM IPER N • IONRM OPOINANCE WLI /51)A MINIMUM OF 9% OF THE TOTAL NETSITEMEASMLL BE11 0 0 0 01500TOTAL I RE AREA I DT.5760IQ FT.16001060 WASCA15 AF.FA. E11A INFTPROVOEO LATIOUGAPGMEA. 5.710 SOFT.6NA010REEI (00 MATCH EXTO)IucHAINPIOIQIEUCALYPTUS CRR000RA ?LEMON SCENTED GUMEUCALYPTU6 61DEROf IYLON / PEN IRONOUIXPNUICANARIENSEICANNYBLAND PINE11250116ND OROUNDCGVEIIIUCN ADICEANOINW SARKPNORMIUM'MAORICND/INEW OTHUSADFLAXAMSCANMUS 00006NTALE7EIRNU5 I IS PRA01551AN007ANTHOS WED JUMPER fKANW00 PAWCNIEXDNUL101 TNIEVEYMEDG[NELICHRY0W THANSCINNaM/ LOOROE PLANTLAVANDUNVOCID W CREEXGMYILAVENDIILEYMW CANYON PRINCEI WID RYE0ENN0ETLM ME/S4CUMIm ?NUM ?'TAULAWN AR[A5 WUCNA11MMMTNON 511500BUFFALO GRAS/GENERAL NOTES:wawaoYCXR RMMM PROR0MI5TBCRYPNWTMTMIMOTI WO5ao.1iUT o a8IELw5wau,ua.iOYPIAO.NMTS 40RIMPP5 00ptl51MT10252MTIRAW5MT I I0SY MCOWA{OW5a4Yf0{ 4.1001 P• TnuUho IoR0111KLIIMMN INACWRCNICIMMM lMRM ICLM00HAn.aInoKMYM..M0641 PJVIR. AKM WN I MN IIMIOW R10RMMCMT IMM OIRtCTCP0NMwTI TUAC0VOOTRFR RI IOL LORE,.AAI14ACKIIIIMTIPIMIM MRR 1001510aOUwroRRTAW IO(,mTUIIC MIRTAPTOORALOA TRw1.4191AMIM 00501104 0TSRN RIOT MIININIUML IIYRIROOAMRAOINIMRAOPCIM TRIMIgHMM[1aR AMTRIITo.IRIRIORaa.r.o T4MINo .KA.10*4 T.0 u.Pdc5':05t25505I1010'aMI.MY. IO 150 0OVTUW u1*1111 42515R•UT00I eUMANWfpI OIKANOI,U l1 WN000MCIASMOIVMVI IMOAWMRSWTIONPRMYALK5.TT..5WTRmmINPHILRIM6RI0TTAWORP RLOWI0M5ONRI.OAR?RAY.MOWflw ,Rwow .nL0 I,aI.XISOI0TMISOWIXa00002MTMPRRT+.TO I.wwRGaIM.AKIOt0W100nuI.q.VOINAP . RMISUTCV01I I.IPOlN UIS 5P W NPNV MoT01 51WNY INMRNATIM M T010IT IMOIKMRTMTOV MATERT115o Y. IR MMOITOII WI TI00YMIIMTM ro,IIIYAMgVIIRAI IWI10Iue MMOU I0.00 MII.Aw•p I .NLIKRHRR, 0010 S04ApAVYATPRATg1 I4tNM K 1I NCO'• A4Wgw5MYN IMMK 1515151511XIK•WNKRVP TW IRPMM1 SAT IERMIMIN III.MR;KTONA Nig1'MMgq1.ITIRTW15 WWUCTI051yN IWTWM IWIRRVP01500157 I MMSN0A5 M IIRNVORMR 50:5 K 0RlVM10 TO RRKWIYP I Tq,A TRDKySY.OgTaLYKOAgqqTR MTWw10 wMatMR1IAM ro M pq+wSMMw •MT 50000A05L5IDT I'Uf l4 01190 '045151. A 'ARI011IIIOI T ISS. 010IIRYO.tO151510.150MMTNOT ISt ROIINIAI $UlICRPK IMUI PRMIII IVIIUW.WIMF4CL IMUCUT.N N I CNI RI00 0OTMO OI I W N Tc M OOU00l.110111TR[5REOVRIMSOPERN• 2001716 ORDRMNC6 WDMlNUMIEP OF 06010100 STREET TRIED EOUALD (1) TREE VARYAt OF 170010 PRONTAOESTREET 0RONTAOE FOR IRE.I5F LF.REQUIRED I OF STREET TREED • 1233 (13)STREET TREES PROWDED. 16MEX0TNOTREE8NEPILY PLANTED TREEI-LEE PLANEMRIOATONREOUWEMHA)EXISTING TRIES TO 5E REMOVED DNALL FE REPLACEDATAMINIMUM MR OP 1211 WISP BOX TREESEXISTING TREED TO BE REMOVED. IREPLACEMENT TREED REMOVED BY MITIGATION REQ. 12REPLACEMENT TMILS PROVIDEDONSRE.01000$RE52PPAp17.tl EIMI115••. 40 danolTa er^r I...•.PTq•. y 4* 161!71.•7.7FAX? laRl 110151I =..rIR.. yPP•JKL *00'..., 5.00?.. 0MwR•PNJKL 11.19.aw,-t TR.A. AR 1 51WApA.I.vPYP.rNNA•114. IrTI NA T'.N•I DAA..11.17••1OD.PHM ••T9.5IRIIt BInS' IIl IA 61lR Mt F'^I • .r Y-sPEC EN2GF-Vi14RVAC^I 1 \\\\\r11 I_ _TIF.Ir ., R.Irvac NNF 7NIl St. flSIFatNav.r.. ww NN................ ......4 4 S 1 2is S'•r 1r+ ,Ar a-r'V41X111.91IIrw1 144+ raENTRY 44YyItt Bk.fE ^woY 1Xfi 1 4tl9e„ IIN11i11r rlT FLOOR PLAN6wc 1M • 1'-n'9 FII477ICartorsBurgoaCARTER! BURGESS. INC.191 N. PRUTAV6SUIT! 7199Mb!N99AZAOA1TBL7107 SSS.17a9BA71RV 76X797CQNWA.TAM:HAL1cvs/091PPfft11CSIM HAOR towCOILMREST $1 0 V6AOO171 AVEN71I71919N BCA171, W 0I M 9770DMTVVN!OEVB.OPFliC IRYa NY1PIrcrYRrtflal9W- asalluwolXRENSICNA014W.0 Sr,LAD RIDBATE: 147!7901l9! 104175 C 113716.070AM:FLOOR PLANBAIT 114VOUtA-1w,.,a1uNOT 45114110 Fa CCIBNRNT01NNNI-IN P3r.1 1n•1.P-• .r3W-r rari-NI1.71IE MEZZANINE PPER FLO R PLAN• Ecae w . Mn-rv+r-W+ MECHANICAL ROOF PLANLLMC yY i.3•NVN-IN-iO444WIv.rr-v4413V.raiw-rMNN1--INrrClletNglR'yiiCMTER 0 LIIRQELS. M1 .4411 N.$1RSTAVELI1RE3100PHOENIX.AZ 30007TEL *03) 30.13007A%tw3)3WADiOONLULTMTI9M MAORODJUMM ET 3 YdAMDJ AV%WhIU AKA M WOEMA 03447dNM3rOLAYN LT w 3103OA1E 71303007As 3NMLOC 1un1owvimPI ANINE/ROOF70F9OC li 1Y1101 IO7A3LD POR OPILfAY01g1 EXTERIOR FINISH•er rWEST ELEVATIONtoufia'1-04v4NsA-44y.rCADUNN EDWARDO095180FLICKFAINO LIGHTR•119DL,ANO T14'LCEMA Mla$ION ECdCLAY TILEOUNM eOWARO$0!5111SUN CITYCOUNNEDWAR00095710AMBROSIA NORTKEY NOTES-Imu6YIt4 m)FFAWN COUNTRY1.!ooe8TON9CUtiVREO*TONEPAWN COUNTRYSTONE CAPFINISH SCHEDULEU (! CC) (A (!)un!W m14mr•m m•roewra• R'A- •'2 18 HI ollWW ,,, wounan 1. mA•ner •0 l/•. mr.wLrw mm.nR1 OL'Y; MO•g01 I.Alllee eAT OL mAaY A!!eya w[.rwr1 .mrle0t am= e.•o MIlD 41AOIK AmA911m IA1mVf •AN IpR• Om mw ImmA1[ •WII RI/e• memae>.e MRM Mim d.Ir a .oV!IUtus'•m1NV AI>DYl* RIWU mle ml•I tI1F:`Ijr' `r'III.ttT1i,ADYe) `O) (J1 (. )Tai ;M1 A) (C [!} (! (e1(I(A) `I !1NORTH ELEVATION19762 Mm:A11Mlf ELM "Ito 250Wlne. CA 97612(518) £? .U5OCVS-/pharrnacy#08855 GOLDEN WEST & McFADDENHUNTINGTON BEACH, CALIFORNIABUILDING SECTION ASCALE; 1n'-•1'.0•-carterBurgessi= AUOUST aDOSSHEET 8 OF 9dlNNI-1N •+1111.17 -19752 N A7(hNr t7 VD.1YR0210Irvtro• CA 976120491476.2700- ------------(i)co)( 5.1(A)C A ) l 0 ( 0 )X ! ' of 0 (Kj s ,( r (a . 'EAST ELEVATION11111I I ,d . • ' i T I,m1.1 i i IO (e Cc. [4? tc; kc: !A ®to) (9) (o'1 !N) (!'X) (c j o A i)SOUTH ELEVATIONCVS/pharmacy#08885 GOLDEN WEST & McFADDENHUNTINGTON BEACH, CALIFORNIAqn+EXTERIOR FINISH.0DLNNEDWAP.DfDEMONAERD0AN916YKEY NOTES.FINISH SCHEDULEmom 1Oww.Mpr wwrM 0OA.wpUwotik tARpQMb,5 u *.M.wW.1"nos" c.4m7.am..5,9u MOw AKm1t0.IM A2 wo. 4qmru)NN2 -INCULTUgeal7nN6MNE CAP*OM.WRU0 a I TUJwMm"wo*a o0".W.-PAM. V0U.A. Ao0. w JM;II"wMw'Inum.argw.iU,ruao-MNwOw M7qWfC.NAMMBUILDING SECTION AYDA.L6::1tr* .rcatteruBurgess:12 AUGUST 20017 'SHEET 9 OF 9 INTENTIONALLY LEFT BLANK • i+r•iI. •ii:19::l-I 1(.f: ir;.) June 4. 2008 KZ DevCo, [.LC 19752 MacArthur Blvd ._Suite 250 Irvine, CA 92612 Attn: Tort Wilhelm Dear Tom. This letter wil I serve as a bid proposal to relocate on site as follows: 3 - 9' Boxes Pinus canariensis ( Canary Island Pine ) 2 - 8' Boxes Pinus canaricnsis ( Canary Island Pine ) 2 - 7' Boxes Pinus canariensis ( Canary Island Pine ) Total price to complete said shall be $44,360.00. Great Scott Tree Service Inc; will supply all labor, equipment and materials to complete this job. No import or export of soil. No compaction of holes at digging site. Water to be within one hundred feet of work area and to be supplied and paid for by others. Portable toilets to be on site and supplied by others. 'frees will be pruned to industry standards to help in their survival. Trees shall be warranted for a period of four years as long as the maintenance is being done by Great Scott Tree Service. The following is the break down of the cost of maintenance. First year $860.00 per month Second year S425.00 per month Third and fourth year $225.00 per month The reason the monthly fee goes down each year is the time needed for maintenance, as the trees root into the surrounding soil the trees are more able to sustain themselves. Aller the second year the only maintenance that would be needed would be a monthly inspection and soil test to check moisture content. 10761 Court Avenue • Stanton, California 90680 a 7141826-1750 e FAX 7111/826-1753 www.gstsinc.com ATTACHMENT NO.- Itl 7 till-04-2008 tc:4G 00117 SCOTT TREE. SERVICE 7140261750 P.002 Pg 2 of 2 kzdcvc:o Great Scott Tree Service Inc. cannot warranty trees due to vehicle damage, construction damage or an act of God. If you have any questions please do not hesitate to call. Respectfully, Darrell W. Simpson Nursery, Planting and Relocation Manager Great Scott Tree Service Inc. 10761 Court St. Stanton, CA 90680 714-826-1750 714-826-1753 fax 714-743-6042 cell Accepted by: Tom Wilhelm Director Development KZ Holdings, LLC ATTACHMENT NO. 3'21-228 SNnc Cmiral(mrs 1i&.,.,,, 8336832 I ARRORISI III C(nrf rel ArlNrri.I At %'C-04D1 June 5, 2005 KZ DevCO, LLC 19752 Mac Arthur Blvd - Suite 250 Irvine, CA 92612 Attn: Tom Wilhelm Dear Tom, To help in the successful relocation of the Pines at the CVS site on Goldenwest and McFadden in Huntington Beach, I would like to suggest that the trees be side boxed 90 days prior to putting the bottoms on and moving to new location. We will lightly prune the trees, but no tip cutting. This will help the trees alleviate as much shock and keep the wind from blowing it out of the box. We have found that the tips of trees help stimulate new root growth so they will not be cut. The trees will also be guyed so there will be no leaning or falling over for a period of one year. The wires will have pvc pipe around them so the are visible and no one will get hurt by the wires. Three of the trees will be placed into 9' boxes, two in 8' boxes and two in 7' boxes. The best time to dig these trees would be late July through first part of October or first of January through March. The trees at these times stow their growing pattern. The trees will be trenched with a ride on trencher. This cuts the roots cleanly, a backhoe will be used to dig out the soil on all four sides so the root ball can be shaped to the size of the box. Once the sides are in place strapping or banding will be put around the box sides to hold them in place. Soil will be placed in any areas on the inside of the box to fill any cavities that may be formed when putting the sides on. A water basin will be put on the top of the root ball and filled with water to perk into the root ball. When it is the appropriate time, either immediately or at 90 days the holes will be dug deeper so the bottoms can be placed. This entails digging under the box and placing a 2"x 12" board under the box and placing two 12"x 12" block under the 2"x 12" to hold it in place. This process is continued till the bottom is covered with 2"xl2"'s and the tree is sitting on blocks. Two 2"x 12" boards are put tinder the bottom with strapping attached on two sides and cinched over the top to hold the bottom in place. This allows the crane to pick the trees and the tree does not fall out the bottom. When the crane is lifting the trees 2 nylon slings are placed under the box so the box is cradled by the nylon slings. Two steel cables are attached to the hook on the crane and attached to the nylon slings. A short 10761 Court Avenue ,@ Stanton, California 90680.714/826-1750 • FAX 714/826-1753 www.gstsinc.com ATTACHMENT NO. 0 Pg 2 of 2 boxing trees nylon is wrapped around the trunk with carpet between the nylon and the trunk and placed on the cable of the crane, this keeps the top heavy trees from falling over. Once the tree is placed into the hole of it's new home the hole is filled about have way and one side is removed and that side is filled in with soil. This is repeated till all four side are removed. The bottom is left in place and will decompose within a few years. Because of the depth of the box the bottom left in place will not be an issue. The basin for holding water will be reconstructed within the root ball perimeter. Some people make the mistake of putting the outside of the basin beyond the root ball and the water runs down the side of the root ball. Then the root ball becomes dry and the tree dies. GSTS Inc. takes the utmost care in boxing trees and are very conscience of safety issues for our employees and the general public. Areas will always be clean and free of debris. If you have any questions please do not hesitate to call. Res ectfully, Darrell W. Simpson Nursery, Planting and Relocation Manager Great Scott Tree Service Inc. 10761 Court St. Stanton, CA 90680 714-826-1750 714-826-1753 fax 714-743-6042 cell ACCEPTED BY: Tom Wilhelm Director Development KZ HOLDINGS, LLC 21-230 ATTACHMENT N0,3 '-- 3 15 16 cvs qz 2 4 a . ; CVS - HUNTINGTON BEACH ENGINEERING COMPANY EXISTING TREES (22 TOTAL ON-SITE) LANDSCAPE ARGMITEGIIRE DIVISION DESCRIPTION OPTRE $i SIZEANO CONOP110N ......._._.,__ ....... ! Trr4 JTr.• • IA xln3ksbs IA roxlit .ndS rowICOMObnn1' !Ld1E clnc Pro end Plan 22 7. l.d.e ee.1101-67 a13 N.k.M d. lsxt81 4.1.fD !s 1011010 4,4 99eaw W o'2 IVwednhe• 1110thru406ra a1.e.rWSkw.Mw •md 53% .w3. IO•SO ran .• 110991.13 lu. !, %C3 ItWd It. 1dluhro.t Jk.t 40.llh .t 171% 1 h..•3... '2$•609«99 n roWt3 kt. ` 4 'C.. bbd be 120A 3that1431991 160. IS k1..50% 0w .ra. 2,.403an to. 110x10 W. ! •C.e 44.d h. 1143 Whom .*43 hot ,70.1 6k0t 150% sw.wn 120a030rt nn 1u.p(n Mx4e 4 ! IS1%6. C3 IIW1 0..wr. 6.34- Ulm M40.nd. 1147 Nelw a4l h3. fS9R0 k«t f 'Cu4 LWI h. !04141ehn .+4Shn !70111 k•1. Aft .w3. IW ran 4nn9 Mae,4d •C... I h.1 be •93tA99 ,44Jkn !32.246... 01% lew.v. 1530 .«. m 0400 991«,450 C. I.Wd he !1L4 4hr.1 0 feet l70i9h.r, 161% IO4.wn . !134311099 .,. n.1d9 nla.,d 10. 71.44 k..luk 2730tUn.t1 S4N !70130 feN Y!0% h.,.,. 140.409,. 11. C. 114.1 h. 13.1 fneh..9,43 99 !{11171441. SE% dow.wr. 29.139we ev 11 '1444 M.1uk .120th99.14J fen sl.RO h.1. 135% sv !'lalO Dan Nn 17, fh 440.!123 31.11. 694!9999 14. Tan I.W h. 93thn 041Sf1N SOR 99911 ! Y wee. . t2MO 3999 .v. 32 dkM AS% Iowan,. 11940110,. .99 ..100 nW,td 1!. 396 9 '21J0ch..14Sf.. 7 .6099.1.1I73% 9.A • 16 •A4 be !1fJ3ehNa {SkN •'01.23 hot A0% he- Ill Otl+r «134499 ls. sok.t 170% hwx.. 113 0ehu,4f.StM !60.01 4411. .SO% .lew.wnt 21.90tM1.14 11991 '704!9 f«1 160% awn . 18.536 ..9433941 f0 x15 Wt 160%.w3. 941th.4.14Jk.? 32,16M1 55% .IOw.w99 104ahrov4J /..t.Mw l und. •11411 ke 31% 00 1010030 nn 9910.. 10.609,. ..99 104,113 Ian 1103001099 a. !16*9+1r 140 10.409999 v. • 991..13 I.e •35303099 nn I ..x10 It. !70309«99 e.3. 1019913 I.O. !1S 409«99 m in It. i8109an *a. r.30w II ORAPMIC IS NOT TO SCALE 4•.1AAi'ACHMENT NO. a I p d O cvs 0 fI r 1 1` , I 1 N I I I CVS - HUNTINGTON BEACH DSSCR11r11O?4 07 TAEL%I SITE Ary0 CO(YDJ71O 6 T1r. 4*T,Y. T 1. vWw5..6.. A .muik .iv TA rm.Hr 1D4eMU1l kvl.bnHJ 1.116 A+1 !. 1, a M6md 116S6rM 6116k.1 7.4166-1. 6, t1 n. in 1/71wAn .11SM1 67. 20A1 7. C. hnmd 6,. 1166 hsh.111131 .k 11061611.1, A •C.6 An.d n i9 Whw +11*5M, IS3. 16 Av1 • 9. `6•nw kn.d n. 12B ma. 0113k .1 70.fhet 10 61.&.4 97SIw0w N ISM. !1D.SOAV1 11. !Cm. Mod n. T1111ahne54 SMI 1661171.11 12. 17nk.M1.k i12h4.00 1.A . 15 .20h.,. vas 5 Inm.:d1 !L4 f. v.s P- -d Plm1 17 a10n +w avn 'nleve D1 m..m.n 10.40.enwmn !mY elrc+nd 35% a.6m+ 13.7.6an . n ..u.m nlw+iat 55% br n...+ (ISOD.m »wnn rr+.l6 &n,...l 5% ..,... 1S.90esw.rue .++M efa+al 15% 5t .. ,. 1IS-2S,.,. n .v alb rtI .d 10% 1 knu. 10.906 .r.vue eeNVe 55% JMf.- 10.33..mwn n.1 1c1-1J 13% 10.20., rre n.. ... '15r Im.M+ ° 1 n,M ISke1 •70.36 10% I1w 1v+ 26,4O.D,v n rm.nr 14 Cr+ MI..e h. tD0 611.! 135 j46,.1 !S% ow 30 15.34- ne vW 6n nler+%J IS. L.I . um 13$Id1w61 43,M1 7l.60Mt 75% 30400m0n..me InuvH 1105105505614.3 At91h019 11 Vk1e4P1 be IT 16S11mmt. 35% W 9W1011 a Y6n. 'Norm NGINBER1NGCOMPANY EXISTING TREES TO REMAIN (PROTECTED-IN-PLACE) -- (9) TOTAL LAND9f .APE AR in-CT1$6 DM3ION -ATTACHMENT NO. q- - I I 40 0 DFSCKI f1ON OR71tCFSt SITE AND CONDITION o TnO a'Tn6T A n.Inml .r'as IA N'i* .d3 .nnn%lCwd%L,nl3 11JRE ct63v I',. 0nc.1 Plnn0 0 r 110 Nchrn i I... 6.n.' 1. ,V.rn.abo. M. %I1.lahan .133% `31o10,.a.n n r0,m.. 2 V.lea..b.. 131,.c1.n.t1AAw '.01..6o*ot3 .6o.eb.laa4 33 . 2o.3O non o.a1 Y. Jar. 3 I(1n. I.b,O m 16 I0con.1136r1 60,11 hetha.h0%11Z, 125.60 aunrmn 1.h163 dace t cvs 4 4 Cur Lbn06 . OAIn0hn.It3Av1 110,7/k.L . 6u% aiv. 20.003.1" . "'bal1. - 10. 61.,nb.Y 2731ndas 414lf43 14.30 im % barn 43.60,un1oe '.m... 12. Nn 6an1.n 224 ha,11SM1 33.206w.133%110.10 menrnan •6naM !121110 w..1131M 130.10 hw• 30% .w a , 20401mn.an I- 13. taco. um 1233 t,oI, .14 3604 •13.60 hw. a CVS - HUNTINGTON BEACH ENGINE RING COMPANY EXISTING TREES TO RE-LOCATE (7 TOTAL) LMDSGAPE ARe.Ml1! nAM DIVISION 73% a M,. 16. ,Ab, 6e 193 1,rhnar43fnw .35. 13 W. 70% 1 1,- 17 :A% 6. 111Ind.b11731n0 33.236a 4.. 70% 113.3339 1a. Is,mn 038 ta36rlw ,.rl3 hat •60.32 he.. ,30% 13. lwro. ant 1227iMwa113 h.1 X70 J3 7M 6058 3938 20, st..nun a,a %1991f 04M M •70.136rt 1601 a.vb. Olnthar nt I,3IM 1]7916 hw .03% Ibw,rx,21. co.*, IAn1 N. 40 6. hn..1446av,faw 22. 3k1aA6nlr1 Is wt 33% 30.1006anrae ..mn,r 30.60 sun%.n 'ta. I.ir ;106p 8338 vn.n 008.61 Wn dOJO M,n.•mn • wnln .Incato .2340 man n ,.n oI In Mn 123.7060.•3.638 .,nx*H Ian 310n0nwrm 1013*N.6,. ,36110,w. ran "3333 Q GRAPHIC IS NOT TO SCAB 0 ATTACHMENT NO. 4--,3 D65CRIPTION or rum SITE AND COND1TIOC4 Tree f T6%Tf>D D !A ro.to 3011 A ro.Ho udS reed Cond31non• !I14P. J, •faiun 440041009 120A 1. 1090141 A, 60.1$ hl 60% ow, ,.. 6 .44.nw8nn -1s, 1- 'c .., rid Ye 'its bw.te 143hN •70.16 hoL 60% nw.7a. 120-40-. •Mn -111., ,.k..Ir1 Cm u4N . 4 671rKhr•14_5h.n 4 3.10401 55% Idv •vm JS •30 N.e man ..1" r•Inr. nJ 7 C.n• I.Ynd 6e 1464 Inohn614 Slue 70.16 feet 531 a,walkmr X15-70 rNrv 9wva ...k., rc00.6-I ;lot l Cu, .4,4 nr 94 61..14 .S.tt 31.16140 55% YMW aveN a !IS •1J eart,an 9999. 698.4 dLMOadl.n lOUWSS.. 1. INurd ••he 121nrhe44AA .1 ••t•Ynaes4...hae d 59% byre .30.30 abrt v6v. 3. Cane I•Ynd no 11341rhea143 fm X60.10 Aet 70% i 461.00 a tss•60 rmrcr6ln ! I ® 9. C. 44,4 Ye 1211nrhe1140M1 100.31,L •41%0<A,v.9090. IS •1S •a1. .via 99 o,4. n11<uwl, ® 16 Cann 114. au r 43.14 Ao4 013 Yya 46.1711.4. sss 66.4 10.33 nun n 8.914,1 9.114..030 111 C=! M II1 I a 9 CVS M H.UNTINGTON BEACH. TI N CTS II B EA E GINS It Q-C MPANY EXISTING TREES TO REMOVE (6 TOTAL) LANDSCAM AAC-KTMnfi t: OM91a 4 14. :..`•. 1.184 In. !9[nrh0.u434.d• 32.164.•. 16. A ,• 94 17 All I,a 55% w.6a 1!.30.•.9. n Pro 0101 Plan cIln •1409 9916915 1400 1vl 40,0.161 •19]4,.,0. •HSl0.r 53.21 f:.a. 0% ,1 4.9.00 34 a4.uN m m.OaN Ia11 IIY,rlr0.4,949 9So601.t 170%1l hawr• 11060.0. n 99.4.341 lue 11434411.+1414.x 3340x. !SOt 14099 11040 n>n ro9n 14, ua6r !22.7kAw-I/,164 70.3910.1 60%.ven •11.3400x,9. ve6rc 906'14, lars 10.914d,0.014.110.1 70023(.0. •60% 9.00 !23•0000,00vrnn n.eem W. 32.1464 30% 109641.00 413461.01..19 rare in 1400 3 • • I... -7v •,y4 GWIIIC 13 NOT TO SCALE I l • 9 ATTACHMENT NO. - 0 0 PLANT LEGEND: PALM TREES SUCHAS 18' STH MIN. : SYAGRUS ROMANZOFFtANUM I QUEEN PALM Ill cvs FLOWERING ACCENT TREE SUCH AS: MULTI TRUNK 36" 80 CER I OCCID NTALIS / W REDBU LAGESTROMIA INDICA HYBRIDS I CRAPS MYRTLE ACCENT SHADE TREE SUCH AS: 36" 8 I A S I 0 1 BAUHINIAVARIEGATE/PURPLE ORCHID MELALEUCA QUINQUINERVIA I PAPERBARK CALODENDRUM CAPENSE I CAPE CHESTNUT C - - -' EUCALYPTUS TORQUATA I CORAL GUM SHADE TREES (TO MATCH EXTO.) SUCH AS (36" BOX): EUCALYPTUS CITRIODORA I LEMON SCENTED GUM EUCALYPTUS SIDEROXYLON I PINK IRONSARK PINUS CANARIENSIS I CANARY ISLAND PINE N i CVS - HUNTINGTON BEACH E' fAEER1Nc COMPANY NEW TREES (27 PROPOSED) LANDSCAPE AR ,4ITEGnM DMSION GRAPNrC IS NOT TO SCN.fi ATTACHMENT NO. INTENTIONALLY LEFT BLANK Attachment No. 5ImpactBiological Resources1 The proposed project would have the potential tosignificantly impact the movement of any nativeresident or migratory fish or wildlife species, orwith established native resident or migratorywildlife corridors, or impede the use of nativewildlife nursery sites.Summar of Miti ation MeasuresLevel ofSignificancePrior toMiti ationMitigation MeasureLevel ofSignificanceAfterMiti ationPotentially 1. Prior to the onset of ground disturbance activities, the Less thanSignificant City shall implement the following mitigation measure Significantwhich entails nesting surveys and avoidance measuresfor sensitive nesting and MBTA species, and appropriateagency consultation.2. Nesting habitat for protected or sensitive species:a. Vegetation removal and construction shall occurbetween September 1 and January 31 wheneverfeasible.b. Prior to any construction or vegetation removalbetween February 15 and August 31, a nestingsurvey shall be conducted by a qualified biologist ofall habitats within 500 feet of the construction area.Surveys shall be conducted no less than 14 days andno more than 30 days prior to commencement ofconstruction activities and surveys will be conductedin accordance with California Department of Fishand Game (CDFG) protocol as applicable. If noactive nests are identified on or within 500 feet ofthe construction site, no further mitigation isnecessary. A copy of the pre-construction surveyshall be submitted to the City of Huntington Beach.If an active nest of a MBTA protected species isidentified onsite (per established thresholds), a 250-foot no-work buffer shall be maintained between thenest and construction activity. This buffer can bereduced in consultation with CDFG and/or U.S. Fishand Wildlife Service. Attachment No. 5Biological Resources2 The proposed project would have the potential tosignificantly impact local policies or ordinancesprotecting biological resources, such as a treepreservation policy or ordinance.Summar of Mitt ation Measuresc. Completion of the nesting cycle shall be determinedby a qualified ornithologist or biologist,Potentially1,For the trees to be removed, tree replacement for existingLess thanSignificantmature trees on-site shall be in accordance with therequirements of Chapter 232-LandscapeImprovements.Significant2.For the trees to be relocated, the Arborist's Report shallbe revised to include the following:a. The trees shall be transplanted by a qualified treeservice to be approved by the City of HuntingtonAesthetics Beach Public Works Department.b. The detailed specifications and procedures for the3 The proposed project -would have the potential to Potentially translocation of the identified trees as outlined by Less thansignificantly degrade the existing visual Significant Darrell W. Simpson from Great Scott Tree Service Significantcharacter or quality of the • site and its Inc. in the letters dated June 4, 2008 and June 5,surroundings.2008.c. The relocated trees shall be maintained andguaranteed to be alive and thriving after four yearsby a qualified tree service or arborist to be approvedby the City of Huntington Beach Public WorksDepartment. The trees shall be surveyed every sixmonths for a period of four years as to their viability.The survey shall be submitted to the City LandscapeArchitect for review. In the even that any tree is notsurviving, it shall be replaced with the same type andsize of tree.C d. A letter from the developer stating that the{recommendations of the Consulting Arborist will befollowed, Attachment No. 54 Traffic/TransportationResult in inadequate parking capacitySummar of Miti ation MeasuresPotentially The applicant shall submit a Parking Demand Study, Less thanSignificant prepared by a licensed Traffic Engineer, to confirm that the Significantparking demand for the proposed project would not begreater than the number of spaces currently proposed. At aminimum, the study shall include a survey of the parkingdemand at three CVS Pharmacy locations in Orange Countyduring peak hour weekday and weekend times. If theParking Demand Study does not confirm a parking demandof no greater than 64 spaces, then the applicant shouldevaluate providing more parking spaces on site and/or reducethe building size accordingly. INTENTIONALLY LEFT BLANK ATTACHMENT #8 INTENTIONALLY LEFT BLANK 9 Chapter 214 PS Public-Semipublic District (3334-6/97, 3524-2102, 3553-5102,3568-9/02, 3673-12104) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6/97) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. (3553-5/02) 214.06 PS District : Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS 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. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean 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 provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 1 of 5 • PS DISTRICT: P = LAND USE CONTROLS L PC = TU = Permitted Limited (see Additional Provisions Conditional use permit approved by Planning Commission Temporary Use Permit P/U =Re uires conditional use ermit on site of a conditional use Public and Semipublic Cemetery Cultural Institutions Day Care, General Government Offices PS PC PC PC L-1 Additional Provisions Hospitals Maintenance & Service Facilities PC L-1 Park & Recreation Facilities Public Safety Facilities Religious Assembly PC PC ZA (3524-2102) Residential Care, General Schools, Public or Private Utilities, Major Utilities, Minor Commercial Uses Commercial Parking Facility PC PC PC P L-3 Communication Facilities L-4 (3568-9/02) Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures Temporary Uses Animal Shows Circuses and Carnivals Commercial Filming, Limited Trade Fairs P/U TU TU TU P (A) (3673-12/04) Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 2 of 5 • PS District : Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. (3673-12/04) L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Zoning Administrator. (3673-12/04) L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (13) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District : Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. 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. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 3 of 5 0 S PS DISTRICT DEVELOPMENT STANDARDS Nonresidential Development PS Additional Requirements (A) Minimum Lot Area Minimum Lot Width (ft.) 2 ac 100 Minimum Setbacks Front (ft.)10 (B)(C)(M) Side (ft.)0 (D) (3673-12/04) Street Side (ft.)10 (C) Rear (ft.)0 (D) (3673-12104) Maximum Height of Structures (ft.)50 (D)(E)(N) (3334-6197) Maximum Floor Area Ratio (FAR)1.5 Minimum Site Landscaping (%)8 (F)(G) Building Design Standards P(M) Fences and Walls (H)(1) Off-Street Parking/Loading (J) Outdoor Facilities See Section 230.74 (K) Screening of Mechanical Equipment See Section 230.76 (K) Refuse Storage Areas Underground Utilities Performance Standards Nonconforming Structures Signs See Section 230.78 See Chapter 17.64 See Section 230.82 See Chapter 236 See Chapter 233 PS District : Additional Development Standards (A) See Section 230.62: Building Site Required. (B) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (C) A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25 foot setback with the setback area entirely landscaped. (D)Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (E) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 4 of 5 • (F)Planting Areas: (1)Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (M) (N) (2) A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. See Chapter 232: Landscape Improvements. See Section 230.88: Fencing and Yards. A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. See Chapter 231: Off-Street Parking and Loading. See Section 230.44 Recycling Operations and Section 230.80: Antennae A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. On frontages adjacent to major or primary arterials at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources. (3334-6197) 214.10 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 for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245). Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 5 of 5 INTENTIONALLY LEFT BLANK ATTACHMENT #9 INTENTIONALLY LEFT BLANK 0 Cha ter 211 C Commercial Districts (3285-6195, 3341-10/96, 3334-6/97, 3482-12/00.3522-2/02.3553-5102, 3568-9/02,3707-6105,3774-9107) (Note: Ordinance No. 3774-9107 Is subject to approval by the California Coastal Commission) Sections: 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established The purpose of the Commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three (3) commercial zoning districts are established by this chapter as follows: (3334-6197) A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (3334-6197) 211.04 CO, CG, and CV Districts : Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that 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. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 1 of 13 • "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 provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. P = Permitted CO, CG, L = Limited (see Additional Provisions and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Residential (J)(Q)(R)(V)(3334-6197) Group Residential PC PC PC (33346/97) Multifamily Residential PC (3334-6/97) Public and Semipublic (J)(Q)(R)(V) (3334597.3553-5/02) Clubs and Lodges P P (3334197,37076/05) Community and Human Services Drug Abuse Centers -PC Primary Health Care L 11 L l l (3522-2102) Emergency Kitchens -L-2 Emergency Shelters -L-2 Residential Alcohol Recovery, General -PC Residential Care, General ZA ZA (3707-06/05) Convalescent Facilities ZA ZA (3707-06/05) Cultural Institutions Day Care, General PC L-3 PC L-3 PC (3707.06/05) Day Care, Large-Family P P (Y)(3522-2/02) Emergency Health Care L-2 L-2 (3334897) Government Offices P P PC (3334697) Heliports Hospitals PC PC PC PC PC (B) (3334-6197) Park & Recreation Facilities L-9 L-9 L-9 Public Safety Facilities Religious Assembly PC ZA PC ZA PC -(3522-2102)(3522-2/02) Schools, Public or Private Utilities, Major Utilities, Minor PC PC P PC PC P PC P (L) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 2 of 13 21-252 0 P = Permitted CO, CG, L = Limited (see Additional Provisions and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R)(3341-0196) Ambulance Services -ZA - Animal Sales & Services Animal Boarding -ZA -(3522-2102) Animal Grooming -P - Animal Hospitals -ZA -(3522-2,02) Animals: Retail Sales -P - Equestrian Centers (CG Zone)-PC -(S)(3707-6105) Pet Cemetery -PC - Artists' Studios Banks and Savings & Loans With Drive-Up Service P P P P P P P P P (3522-2102) Building Materials and Services -P - Catering Services Commercial Filming Commercial Recreation and Entertainment P P - P P PC P P PC (F) (D) Communication Facilities L-13 L-13 L-13 (3568-9/02) Eating and Drinking Estab.L-4 L-4 L-4 (3522-2/02, 37076/05) W/Alcohol ZA ZA ZA (N)(Y)(3522-2/02) W/Drive Through -P P (3522-2/02, 37076105) W/Live Entertainment ZA ZA ZA (W)(Y)(3522-2/02) W/Dancing W/Outdoor Dining PC ZA PC ZA PC ZA (H) (X)(Y)(3522-2102) Food & Beverage Sales -P L-2 W/Alcoholic Beverage Sales -ZA ZA (N) Funeral & Internment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -P - Marine Sales and Services -P P Nurseries -ZA - Offices, Business & Professional P P P (33346197) Pawn Shops -ZA - Personal Enrichment Services L-10 L-10 -(Y)(3522-2102) Personal Services Research & Development Services P L-1 P ZA P - Retail Sales -P P (U)(V)(32856195,33346/97,3482-12/00) Secondhand Appliances/Clothing -P - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, Recurring -ZA - Tattoo Establishments -PC - Travel Services P P P Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 3 of 13 21-253 9 P = Permitted CO, CG, L = Limited (see Additional Provisions and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = " Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA -(3707-6/05) Commercial Parking -ZA ZA (P)(3707-6105) Service Stations -PC PC (E) Vehicle Equip. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 (3522-2/02) Vehicle Storage -ZA -(37076/05) Visitor Accommodations Bed & Breakfast Inns PC PC PC (K)(3707-6/05.3774-9/07 Hotels, Motels PC PC (I) subject to approval by the CA Coastal Commission) (33348197.3707-6/05, Condominium - Hotel PC (Z) 3774-9107 - subject to approval by the CA Coastal Commission) (3774-9107,3707-9107 Fractional Ownership Hotel subject to approval by the CA Coastal Commission) (3774-9/07 - subject to Quasi Residential approval by the CA Coastal Commission) (33348/97 Timeshares PC -(I)(J)13334-6/97, 3774-9/07 subject to approval by Residential Hotel PC -(J) the CA Coastal Commission)) (3334.6197.3774-9/07 Single Room Occupancy -PC subject to approval by the CA Coastal Commission)) (3774-9/07. 3774-9/07 subject to approval by the CA Coastal Commission)) Industrial (J)(Q)(R)(V) (3334-6197) Industry, Custom L-6 L-6 Accessory Uses (J)(V)(3334-6/97) Accessory Uses & Structures P/U Temporary Uses P/U P/U (F)(J)(V)(3334-6/97) Page 4 of 13Huntington Beach Zoning and Subdivision Ordinance Chapter 211 0 Animal Shows Circus and Carnivals and Festivals Commercial Filming, Limited Real Estate Sales Retail Sales, Outdoor Seasonal Sales Tent Event Trade Fairs TU - TU - P P (M) P P P TU TU (M) TU TU TU (M) P - P - (3522-2102) Nonconformin Uses (3522-2102.3707-6105) (3522-2102) (3522-2/02) (=-2102.3707-MS) (3707-6/05) G (3334.8197) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 5 of 13 9 CO, CG, and CV Districts : Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. (3707-6/05) L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (3707-6/05) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. (3334-6197,3707- 6/05)) L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use neighorhood notification is required pursuant to Chapter 241. (3522-2/02,3707-6105) L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in Use Classifications are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. (3522-2/02) L-7 Repealed. (3707-6/05) L-8 On-site storage limited to two rental cars or two cars for lease. (3707-6/05) L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 5,000 square feet. (3522-2/02, 3707-6/05) In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: (3522-2/02) • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and (3522-2/02) • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. (3522-2102) L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. (3522-2/02,3707-6105) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 6 of 13 L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. (3522-2/02,3707-6/05) L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Reserved. (3553-5/02) (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed (3378-2/98) (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits (G) See Chapter 236: Nonconforming Uses and Structures. (H)For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants - Amusement and Entertainment Premises, and Chapter 5.70: Adult Ente rtainment Businesses . (3341-10196) (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (3707-6105) (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (3334-6197, 3707-6/05) (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 7 of 13 (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (3522-2102) (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3522-2/02) (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. See Section 230.46: Single Room Occupancy. See Chapter 231 for temporary and seasonal parking. Development of vacant land 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 Planning 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). (3522-2102) (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers (T) See Section 230.50: Indoor Swap Meets/Flea Markets (U) See Section 230.94: Carts and Kiosks (3248-6/95, 3334-6197, 3482-12/00) (V) In the coastal zone, the preferred retail sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3522-2102) (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. (3522-2/02.3707-6105) (Y)Neighborhood Notification requirements pursuant to Chapter 241. (3522-2/02,3707- 6/05) (Z) In the CV District, Condominium-Hotels and/or Fractional Interest Hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (3774-9107 subject to approval by the CA Coastal Commission) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 8 of 13 • 211.06 CO , CG and CV Districts : Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. 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. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 9 of 13 0 CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area (sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front (ft.) 10 Side (ft.) 5 Street Side (ft.) 10 Rear (ft.) 5 Maximum Height of Structures (ft.) Maximum Wall Dimensions 40 Maximum Floor Area Ratio (FAR) 1.0 Minimum Site Landscaping (%) 8 Building Design Standards Fences and Walls Off-Street Parking/Loading Outdoor Facilities Screening of Mechanical Equipment Refuse Storage Areas Underground Utilities Performance Standards Nonconforming Structures Si ns 10 0 (D)(E)(O) 0 0 (F) 10 0 (E) 0 0 (F) (7707-6/05) (3707-6105) (7707-6105) (7707-6/05) 50 50 (F)(G) (N) 1.5 18 8 (H)(1) (0) (L)1) See Section 230.74 (M) (37o7-6105) See Section 230.76 (M) See Section 230.78 See Chapter 17.64 See Section 230.82 See Chapter 236 See Cha ter 233 CO, CG, and CV Districts : Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D)See Section 230.68: Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage. (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 10 of 13 0 (F)Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (I) (J) (K) (L) (M) (N) (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. See Chapter 232: Landscape Improvements. See Section 230.88: Fencing and Yards. A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. See Chapter 231: Off-Street Parking and Loading. See Section 230.44: Recycling Operations and Section 230.80: Antennae. A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 11 of 13 s I.- t00 ft. t 25 ft. or more 2Q ft ft'l Max.100 ft. I' unbroken wall Single Horizonal Offsets: 20ft. M .100 ft. unbroken wall 2 ft. 20ft. 40FT,Mn. 4 ft. recess 25ft.25% of wall or more must be varied Variable Offsets: 20 ft. and 4 ft MAXIMUM WALL LENGTH AND REQUIRED BREAK 211-OFFS (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages. (3707-6/O5 (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 12 of 13 21-262 I Required Setback 1 Max. two stories without vertcal break 211-CVSa. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line J Setback line 211-FACE.BMP BUILDING FACE AT SETBACK LINE 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3522-2/02) A. Zonin Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Desi Review Board. Projects within redevelopment project areas and areas subject to specific plans; projects within 500 feet of a PS District; see Chapter 244. C. Plannin Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. Huntington Beach Zoning and Subdivision Ordinance Chapter 211 Page 13 of 13 INTENTIONALLY LEFT BLANK ATTACHMENT #10 0 INTENTIONALLY LEFT BLANK I CVSPHARMACY GENERAL PLAN AMENDMENT NO. 08-006 ZONING MAP AMENDMENT NO. 08-006 Ap icant: Austin Rogers Location: 15520 GoIdenwest Street Date: December 15, 2008 REQUEST AMEND GENERAL PLAN DESIGNATION o Current-Public (Resi4ential Low Density) o Proposes}-Commercial General AMEND ZONING DESIGNATION o Current-Public-Semipublic o Propose4-Commercial General 0 LOCATION LOCATION SEC of Goldenwest Street and McFadden Avenue VRROVNDING Nort • City of Westminster out • Golden West Subject site & East: College West: Single Family Residential FRO)ECTANALYSIS GENERAL PLAN AMENDMENT Consistent with commercial activities in the vicinity of the project site--commercial uses to the north and south Uses permitted under the current and proposed land use designations are not different in traffic generation, noise or service systems demands 2 21-268 0 PRO) ECT A NA LYS I S GENERAL PLAN AMENDMENT o Consistent with goals to develop a range of commercial uses - oriented to the needs of local residents - serve the surrounding region - provide economic opportunities - enhance the City's market potential o Consistent with the City's existin land use pattern by providing commercially zoned at arterial intersections PRO) ECT ANALYSIS ZONING MAP MENDMENT The proposed zoning- -allows future development of uses that stabilize the fiscal viability of the City -appropriate for the site because of its size, location, andseparation from residential uses -consistent with the existing landuseand zoning pattern throughout the City RECOMMENDATION Staff and Planning Commission recommend approval of GPA 08-06 and ZMA 08-06 based on the following: The subject property is suitable for commercial development because of its size and location along Goldenwest Street and McFadden Avenue. Commercial development can be integratedand sensitive to surrounding land uses. RECOMMENDATION Commercial development increases the potential for taxable sales and provides funds to the City to reduce service costs. 4