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SIGNAL LANDMARK - 2005-12-12
R't6EIVED 2005BEC Pm , 21 Council/Agency Meeting Held: 2,ZZ 2-.-Z64 °t t ( Deferred/Continued to: ull C(` o App ved ❑ Con itio ally Approved ❑ Denied I!h'fo'" City Clerk's Signature Council Meeting Date: 12/12/2005 Department ID Number: AD 05-19 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND C TY C UNCIL MEMBERS SUBMITTED BY: PEN LOPE LBRETH-G �FT, , CITY ADMINIS O PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR SUBJECT: Approve Pre-Annexation Agreement with Signal Landmark (Hearthside Homes), Adopt Resolution Declaring Water Exists for Pre- Annexation Water Service and Adopt a Resolution Approving the Application to Local Agency Formation Commission (LAFCO) for an Out of Service Area Agreement Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The proposed Pre-Annexation Agreement identifies the phasing of annexation of 349 single-family residential units and approximately 105.3 acres of land currently within unincorporated Orange County. The Pre-Annexation Agreement resolution declaring the availability of water for services prior to annexation and the resolution approving the application with LAFCO for an Out of Service Area Agreement will set the framework for annexation of the area into the City of Huntington Beach. Funding Source: The cost of the application for the Out of Service Area Agreement ($4,600) with LAFCO is scheduled for reimbursement through Pre-Annexation Agreement Section 3.6.1. Recommended Action: Motion to: 1. Approve and authorize execution by the Mayor and City Clerk the Pre-Annexation Agreement between Signal Landmark and the City of Huntington Beach to be executed upon sale of the "lower bench" to the State of California; r___ -- G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc 12/7/2005 4:19 PM REQUEST FOR ACTION MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19 2. Adopt Resolution NoI0054A Resolution of the City Council of the City of Huntington Beach Declaring Water Exists for Pre-Annexation Water Service; and 3. Adopt Resolution No�det-)-71 A Resolution of the City Council of the City of Huntington Beach approving the application to LAFCO for an Out of Service Area Agreement. Alternative Action(s): Deny the Pre-Annexation Agreement and the resolutions and direct staff accordingly. H B i htwater project proposes 349 Analysis: The Signal Land mark/Hearthside Homes r g p � p p single-family residential units on a 67.9-acre area of the Bolsa Chica Mesa in unincorporated Orange County directly adjacent to the City of Huntington Beach. In addition to the homes, 34.2 acres of land will be restored as a coastal sage scrub and native grassland area and a 3.2-acre site will be a protected southern tar plant Environmental) Sensitive Habitat Area p p Y (ESHA). The total project area is approximately 105 acres. The project is subject to the conditions outlined by the California Coastal Commission and the County of Orange. The Coastal Commission has identified twenty-seven special conditions (Attachment 1) that are required to be met prior to the issuance of a Coastal Development Permit (CDP). The developer has entered into an agreement with the State of California to sell an area commonly referred to as the "lower bench" for $65 million. In order for that sale to be consummated the developer has to obtain a CDP through the addressing of the twenty-seven special conditions. Signal Landmark has indicated to staff that they have targeted December 7, 2005 as the date of the issuance of the CDP from the Coastal Commission. Upon issuance of the CDP, Signal Landmark will provide the necessary documentation to the Wildlife Conservation Board to complete the purchase of the lower bench to the State of California. Signal Landmark is targeting the closure of the sale prior to the scheduled escrow expiration of December 31, 2005. In that the development is within unincorporated County of Orange area, the County has conditioned the development as well. The County s conditions of approval are also included as an attachment to this document (Attachment 2). On September 19, 2005, city staff and consultants from Rosenow Spevacek Group Inc. presented to the City Council a preliminary fiscal analysis of the Bolsa Chica Annexation (Attachment 3). As a result of the positive economic impact of the project, the City Council directed staff to proceed with a process to annex the Signal Landmark, Brightwater Development project within the Bolsa Chica area of unincorporated Orange County directly contiguous to the City of Huntington Beach. City staff has been in discussions with the developer, Signal Land mark/Hearthside Homes, representatives of LAFCO and staff from the County of Orange since that time. As a result of these discussions, a Pre-Annexation Agreement (Attachment 4) has been completed that outlines the terms of the annexation between the City and Signal Landmark. This agreement calls for the city to provide water and sewer services prior to annexation and then as the project is annexed in phases, water and sewer services will be provided to the residents. G:\Emery\RCAs\Bolsa Chita Annexation 12-12-05.doc -2- 12/7/2005 4:58 PM REQUEST FOR ACTION MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19 The agreement further indemnifies the City against legal actions that could be initiated by any third party including any claims by Golden State Water Company, the successor in interest to Southern California Water Company, relating to the provision of water to the property. As of the date of preparation of this RCA, Golden State Water Company has not released any rights under their PUC permit or franchise agreement with the City to construct the pipeline and provide water to the project. Absent a release by Golden State Water Company, it retains the right under state law and under the Franchise Agreement with the City to build the pipeline and provide service to the development. In exchange for these services, Signal Landmark will pay to the city an annexation fee in the amount of$ 4,216,150 payable in a lump sum payment of$2,000,000 at the time of the issuance of the first residential building permit for the project and $6,350 per unit at the time of annexation. In addition to the annexation fee, fees for water and sewer connection are included in the agreement. The sewer connection fee is $1,749 per unit and the water connection fee is $4,800 per unit. The sum of these two fees, payable upon application for connection per unit, is $2,285,601. The sum total of the annexation fee and the water and sewer connection fees is $6,501,751. The annexation fee proposed is in lieu of all other development impact fees including any park fees. The Pre-Annexation Agreement calls for the developer to obtain all permits from the County of Orange from grading to building. All inspections will be completed by County of Orange personnel except for two selected areas, water and sewer. The City of Huntington Beach will issue permits for water and sewer construction that will be completed within City easements in the private streets. It will be necessary for the City to enter into a Cooperative Processing Agreement with the County of Orange to delineate responsibilities for the annexation of the properties into the City of Huntington Beach. It is anticipated that the recording of annexed properties will take place between the start of construction and the issuance of an occupancy permit. This will allow the developer to obtain vesting and allow the City to annex the property prior to a change in ownership. The Cooperative Processing Agreement with the County will facilitate that action. In order to serve water outside the City limits prior to annexation it is necessary for the City Council to adopt a resolution (Attachment 5) declaring a surplus of water exists for pre- annexation water service. The City has completed a calculation of the amount of water needed for construction purposes for the finite period between construction commencement and property annexation. It is anticipated that the development will use 1.1 million cubic feet of water over the 760 working day construction period. This equates to an average of 10,900 gallons per day. This added demand for water during the construction period equates to 0.0003% of our daily demand. Also required, in order to provide water and sewer services outside of the City during construction, is an Out of Service Area Agreement with LAFCO. The attached resolution (Attachment 6) approves the application (Attachment 7) to Orange County LAFCO for an Out G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -3- 12/7/2005 4:58 PM REQUEST FOR ACTION MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19 of Service Area Agreement to provide pre-annexation services, specifically water and sewer, to the development. Future Actions Should the City Council approve the recommended action a number of additional steps will be required prior to the annexation. It will be necessary for the City to enter into an agreement with the County of Orange to redistribute property tax revenue based on the master tax sharing agreement. Both the Board of Supervisors and the City Council can accomplish this via resolution adoption. The cooperative processing agreement referred to above will need to be approved and an agreement with the Orange County Fire Authority will need to be executed. Additional steps required include a Zoning Text Amendment, a Zoning Map Amendment, an Environmental Assessment and finally annexation. Each of these steps/actions will be required prior to annexation. After the City approves these items, LAFCO will take action on the annexation application that has been filed by the developer. After annexation the City will be required to amend the General Plan and amend the Local Coastal Program. All of these actions are to be paid via the Pre-Annexation Agreement by the developer in an amount not to exceed $120,000. Environmental • Th ect a agreement is exempt pursuant to Section 15061 b 3 Status. a subs g p p ( )( ) of the California Environmental Quality Act. Environmental Impact Reports have been certified for the proposed development and for provision of water to the subject site. The latter environmental document, certified by the Public Utilities Commission, includes an alternative that analyzes the provision of water by the City of Huntington Beach. Attachmeggs): City Clerk's Page Number No. Description 1. Special Conditions Outlined by the Coastal Commission 2. County of Orange Conditions of Approval 3. Preliminary Fiscal Analysis of the Bolsa Chica Annexation 4. Pre-Annexation Agreement between Signal Landmark and the City of Huntington Beach 5. Resolution No.c 00-W A Resolution of the City Council of the City of Huntington Beach Declaring Water Exists for Pre- Annexation Water Service 6. Resolution No. 005 4"I A Resolution of the City Council of the City of Huntington Beach approving the application to LAFCO for the Out of Service Area Agreement 7. Orange County LAFCO Out of Service Area Agreement application G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -4- 12/7/2005 4:58 PM (4) December 12, 2005 -Council/Agency Agenda - Page 4 F, ADMINISTRATIVE ITEMS F-1. (City Council) -Approve Pre-Annexation Agreement with Signal Landmark (Hearthside Homes), Adopt a Resolution Declaring Water Exists for Pre-Annexation Water Service and Adopt a Resolution Approving the Application to Local Agency Formation Commission (LAFCO) for an Out Of Service Area Agreement. 1)Approve and authorize execution by the Mayor and City Clerk the Pre-Annexation Agreement between Signal Landmark and the City of Huntington Beach to be executed upon sale of the "lower bench" to the State of California; 2)Adopt Resolution No. 2005-78, a Resolution of the City Council of the City of Huntington Beach Declaring a Surplus of Water Exists for Pre-Annexation Water Service to Certain Unincorporated Real Property Adjacent to the City Boundary and Within the City's Sphere of Influence; and 3)Adopt Resolution No. 2007--7-9, 2005-79 a Resolution of the City Council of the City of Huntington Beach Approving the City's Application to the Orange County Local Area Formation Commission for an Out Of Service Area Agreement to Provide Pre- Annexation Services to Certain Unincorporated Real Property Adjacent to the City Boundary and Within the City's Sphere of Influence. Submitted by the Deputy City Administrator. Funding Source: The cost of the application for the Out Of Service Area Agreement ($4,600) with LAFCO is scheduled for reimbursement through Pre-Annexation Agreement Section 3.6.1 (600.10). City Administrator Penny Culbreth-Graft introduced Deputy City Administrator Paul Emery, who gave a PP report. He clarified that the annexation fees negotiated and recommended by staff would take the place of library development, community enrichment,park space in lieu, and traffic impact fees. He thanked staff for their efforts and announced LAFCO representatives and the developer were present at the meeting to answer any questions. CM Hardy inquired about the $4.2 million fee. Deputy CA Emery reported, detailing negotiations. CM Hardy asked why sewer connection fees are higher post-annexation. Emery reported on City fees versus fees charged by other agencies. CM Bohr inquired about the cost estimate for the reservoir. Deputy Public Works Director Dave Webb reported on 12-inch and 18-inch water line construction costs, and clarified that these costs are figured on a prevailing wage basis. MPT Coerper asked about the differential between $13.9 million estimate and$4 million Staff Recommendation. CA Culbreth-Graft reported on indemnification and other costs incorporated in the recommendation. MPT Coerper further inquired about County inspection standards and public safety concerns, and the CA reported. MPT Coerper inquired about County benefits if the City does not annex, and CA Culbreth-Graft reported the County could contract with the City for services. Police Chief Small stated opinion that the City would be most likely to respond to public safety calls in the area, and an agreement would be formed with the County. Fire Chief Olson echoed the Police Chiefs comments. MPT Coerper asked what the lower bench includes geographically and Deputy CA Emery reported, referring to a diagram illustrating over 100 acres of land. (5) December 12, 2005 -Council/Agency Agenda - Page 5 CM Bohr inquired regarding page F-1.94 of the Staff Report, costs associated for police services. He also inquired about a future fire station, asking if the numbers are current and if site has been determined. Chief Olson reported possible relocation of the Heil Avenue Fire Station, and that numbers are current. CM Bohr asked for clarification of the Recommended Action. CM Cook inquired if land where reservoir would have gone would become greenbelt, or if it would be added to private property. Ed Mountford, developer with Hearthside Homes, reported that area would remain open space. CM Cook inquired about use of Signal Landmark name. Mr. Mountford reported on business connection between the landowner and the developer. CM Cook stated her opinion that no amount of fees would compensate for Bo/sa Chica, however State and County financial situations led to sale of land. She stated her intention to oppose the Recommended Action. CM Hardy inquired about the cost of the fire station relocation, Deputy CA Emery reported a share-based estimate, based on population. CM Hardy spoke regarding park in lieu fee development and voiced her disappointment with results of the negotiation in this area. She stated her intention to oppose the Recommended Action because, in her opinion, the City should receive more money. CM Hansen inquired how many times City has tried to annex land in the last 33 years. Planning Director Zelefsky reported on Wintersburg Area, Shea-Parkside piece, Holly- Seacliff piece. CM Hansen asked how many votes were taken by Council addressing this topic. Director Zelefsky reported hundreds of hours of discussions. CM Hansen voiced support for the Recommended Action, and emphasized cost of indemnification from litigation. A motion was made by Hansen/Coerper to approve the Recommended Action. Mayor Sullivan inquired if Los Patos Avenue would be closed at Warner Avenue. Transportation Manager Bob Stache/ski reported the plan to close Los Patos Avenue at Warner, and replace with a substitute street allowing public access. Fire Chief Olson stated a need for either an emergency gate or discussion of ingress into area in order to not cause delays in emergency response. Mr. Mountford reported the West end of Los Patos Avenue would become a cul-de-sac, but would allow emergency access for safety personnel. He also reported on conflicting movements on Brightwater Drive and Los Patos, therefore Brightwater Drive would intersect with Warner Avenue. Mayor Sullivan asked for clarification on sewer connection fee and library development fees. Library Director Ron Hayden reported on a previous agreement for pass-through fees from the County, and the need for updated information. Mayor Sullivan inquired if staff has a copy of an agreement between Hearthside Homes and Southern California Water Company and Deputy CA Emery reported in the negative. CM Bohr stated his support for the Recommended Action with the following amendment: amend paragraph 3.53 on page F1.125 of the Staff Report to increase the numbers by $1.5 million for a total of$5,716,150. CM Hardy stated her support for the amendment. Mr. Mountford responded, stating his opinion that the negotiated agreement with staff is fair. He stated opposition to increase in the annexation fee. (6) December 12, 2005 -Council/Agency Agenda - Page 6 CM Cook inquired about a Southern California Water agreement. Mr. Mountford reported on the history of the project plans, a lack of a contract with Southern California Water Company, but existence of a "right'to supply water. MPT Coerper asked if Goldenstate Water Company will construct the pipeline if annexation fails. Mr. Mountford reported in the affirmative. CM Cook voiced her opinion that the costs of pipeline construction are much higher than reported. Mayor Sullivan stated his opinion that Resolution 2005-78 does not state that there is surplus water in the City, but that the City can support this housing development with water during the construction period. CM Green inquired of City Attorney about costs of indemnification, and exposure to which City Attorney McGrath stated millions of dollars in exposure. CM Hansen declined the amendment to the motion suggested by CM Bohr. Bohr/Sullivan substitute motion to approve the Recommended Action with amendment to paragraph 3.53 on page F1.125 of the Staff Report to increase the numbers by$1.5 million for a total of$5,716,150. Approved 4-3(Green, Coerper, Hansen- No) City Clerk Joan L. Flynn announced a typo on agenda, correcting the Resolution number to 2005-79. CA Culbreth-Graft stated a need for more specific staff direction. CM Bohr clarified the motion should state$750,000 paid up front and$750,000(net present value) paid upon development, divided by 349 units. G. ORDNAIGES- None. CITY COUNOUR ,EDEVELOPMENr AGENCY MEMBER ITEMS- None. CM Green congratulated Derek Gruland on his Eagle Scout project at the Senior Center. She also announced the City received a public works award for the Sports Complex. MPT Coerper announced attendance at the firefighters graduation. CM Hansen announced he, CM Green and MPT Coerper attended Kabuki grand opening at Bella Terra. ATTACHMENT # 1 STATE OF CAUFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 REVISED Date: Way -24August 8, 2005 Permit Application No: 5-05-020 Page: 1 of:38 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THIS IS NOT A COASTAL DEVELOPMENT PERMIT THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all of the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance"Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On April 14, 2005, the California Coastal Commission approved Coastal Development Permit No. 5-05-020, requested by Hearthside Homes/Signal Landmark subject to the attached conditions, for development consisting of: Approval of Vesting Tentative Tract Map (VTTM) 15460 for the subdivision and development of two existing parcels into the 105.3-acre Brightwater community consisting of 349- residential lots on 67.9 acres and 37.41-acres of habitat ( x restoration and public trail, located primarily on the upper bench of the Bolsa Chica Mesa. The proposed project also includes the construction of 349 single- family homes and the construction of two small local parks within the residential community. The 37.41-acre habitat area consists of a proposed 34.429.2-acre ?t NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124/058/8/05 (revised) Permit Application No.: 5-05-020 Page 2 of 3839 coastal sage scrub and native grassland community located along the western and southern slope and bluff top edges slope and bluff face areas and the construction of a 2.5-acre Los Patos Wetland and Southern Tarplant preserve. The coastal sage scrub and native grassland restoration area also serves as a buffer between the proposed development and the existing 5-acre "Eucalyptus tree" environmentally sensitive habitat area (ESHA). Three proposed vertical walkways providing resident access to the habitat trail will also be available to the public. Approved VTTM 15460 also includes the creation of z an 11.8-acre residual parcel located on the lower bench of the Bolsa Chica Mesa. 440,000 cubic yards of grading (220,000 c.y. cut, 220,000 c.y:fill) is proposed to cant' out the proposed project. Infrastructure improvements include the construction of a 1.2-million gallon underground drinking water reservoir and aboveground pump station and a new 54" to 66" storm drain and rip-rap energy dissipater discharging treated runoff to the off-site Isolated Pocket Lowland area. Public access, including pedestrian, bicycle and vehicular access and public parking will be allowed throughout the community. The Los Patos Avenue frontage will also be widened, paved and landscaped creating 1.14 (unstriped) public parking spaces. More specifically described in the application file in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone in 17201 Bolsa Chica Road, (Bolsa Chica Mesa), Bolsa Chica, Orange County, APNs 110-016-06, -14, -15, -16, -24, -32. If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-05-020, please contact the Coastal Program Analyst identified below. Sincerely, PETER M. DOUGLAS Executive Director By: Teresa Henry District Manager/Staff Analyst The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. Date Permittee NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51244958/8/05 (revised) Permit Application No.: 5-05-020 Page 3 of 3838 Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition.will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE, AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY OF THIS FORM. WHEN YOU RECEIVE THE DOCUMENTS, IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904-5200. 1. OPEN SPACE, HABITAT AND PARKS A. Open Space Restriction = Coastal Sage Scrub and Native Grassland Habitat Restoration Area } 1 � 1 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5/24/858/8/05 (revised) Permit Application No.: 5-05-020 Page 4 of 38U No development, as defined in Section 30106 of the Coastal Act, shall occur within the land identified as the habitat restoration area in the final habitat management plan approved by the Executive Director pursuant to Special Condition 10 (which lands are generally, but not fully, depicted in Exhibit 20) except for the following: habitat restoration and other development necessary to implement the final habitat management plan; fuel modification within those areas identified for fuel modification in the approved final fuel management plan pursuant to Special Condition 12 ; installation of utilities (only as approved by this permit); construction of water quality management structures (only as approved by this permit), grading (only as approved by this permit), public access trail and associated appurtenances and public access and interpretive signage (only as approved by this permit), and maintenance and repair activities pursuant to and in conjunction with the management and maintenance program detailed in Special Condition 4. The following additional development may be allowed in the areas covered by this portion of this condition (1.A.) if approved by the Coastal Commission as an amendment to this coastal development permit or a new coastal development permit: habitat restoration beyond that.listed above; maintenance, repair and upgrade of utilities; installation of water quality management structures and drains; and erosion control and repair. The.lands identified in this restriction shall be maintained in accordance with the final maintenance and funding programs approved by the Executive Director in accordance with Special Condition 4. B. Open Space Restriction - Southern Tarplant and Seasonal Pond Environmental Protection Area No development,.as defined in Section 30106 of the Coastal Act, shall occur within the Southern Tarplant and Seasonal Pond Environmental Protection Area as approved by the Executive Director in the final habitat management plan pursuant to Special Condition 10 (which land is generally, but not fully, depicted in Exhibit 12) except for the following: habitat restoration and other development necessary to implement the final habitat management plan; installation of the proposed underground water reservoir (only as approved by this permit); installation of interpretive signage (only as approved by this permit), maintenance and repair activities pursuant to and in conjunction with the management and maintenance program detailed in Special Condition 4. C. Open Space Restriction - Eucalyptus Environmentally Sensitive Habitat Area No development, as defined in Section 30106 of the Coastal Act, shall occur within the Eucalyptus Environmentally Sensitive Habitat Area (ESHA) as r NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5/24/058/8/05 (revised) Permit Application No.: 5-05-020 Page 5 of 3835 generally shown in the approved final habitat management plan approved by the Executive Director (which ESHA is generally, but not precisely, depicted in Exhibit 12). D. Open Space Restriction — Burrowing Owl Environmentally Sensitive Habitat Area Buffer No development, as defined in Section 30106 of the Coastal Act, shall occur within the Burrowing Owl Environmentally Sensitive Habitat Area (ESHA) Buffer as shown in the final habitat management plan approved by the Executive Director (which land is generally, but not fully, depicted in Exhibit 12) except for the following: habitat restoration and other development necessary to implement the final habitat management plan, grading (only as approved in this permit), irrigation (only as approved in this permit), fuel modification (only as approved in this permit), and the pedestrian trail and appurtenances (as approved in this permit). 2. OFFER TO DEDICATE IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, and in order to implement the.permiftee's proposal, the permittee shall submit to the Executive Director, for review and approval, a proposed document(s) irrevocably offering the dedication of fee title over the areas identified below to a public agency(ies) or non-profit entity(ies) acceptable to the Executive Director, for public access, passive recreational use, habitat enhancement, and public trail purposes, as appropriate based on the restrictions set forth in these special conditions. Once the documents irrevocably offering to dedicate the areas identified below are approved, and also PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit evidence that it has executed and recorded those documents, completing that offer to dedicate. The land shall be offered for dedication subject to the restrictions on the use of that land set forth in the special conditions of this permit, and the offer to dedicate shall reflect that fact. The offer shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed but subject to the OTD required by Special Condition 3. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The entirety of the following land shall be offered for dedication: those lands identified as Eucalyptus ESHA buffer ef-or Burrowing Owl ESHA and buffer in the final habitat management plan approved by the Executive Director pursuant to Special Condition 10, which lands are designated, in that plan, to be populated with Coastal Sage Scrub and Native Grassland and the approximately 5-acre Eucalyptus grove. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5449M/8/05 (revised) Permit Application No.: 5-05-020 Page 6 of 38U 3. OFFER TO DEDICATE TRAIL AND FUEL MODIFICATION EASEMENTS PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall execute and record document(s) in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to the homeowners association proposed in conjunction with the approval of the Brightwater development an easement for(1) public pedestrian and passive recreational use of the trail corridor as described in Special Condition 15,of this permit, and (2) fuel modification (as approved in the final fuel modification plan) and habitat restoration (as approved in the final habitat management plan) of the 100 foot wide area immediately south of the rear property lines of the residential lots that abut the native grassland and coastal sage scrub habitat restoration area,._ The recorded document(s) shall include legal descriptions of both the permittee's entire parcels) and the easement areas. The recorded document(s) shall reflect that development in the offered area is restricted as set forth in the Special Conditions of this permit. The offer shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. This OTD shall be recorded prior to the OTD required by Special Condition 2. The applicant's proposal for the lands to be offered for a public trail is generally depicted on Brightwater project Development Plan, dated February 18, 2005. However, although the relationship of those lands to the residential property boundary is generally correct, the specific location of the lands will have to change commensurate with the change in the location of the residential property boundary, to accommodate the change in the ESHA buffer, as explained in Special Condition 15, Special Condition 40.13.1-&-10.13.4, and elsewhere in these conditions. The lands to be offered for fuel modification and habitat restoration purposes are generally shown on the Conceptual Plan OCFA Protection Zones and.Program Description, dated April 5, 2005, but the locations depicted therein in-must also be modified in accordance with the changes adopted in the final fuel modification plan and final habitat management plan approved pursuant to this permit. The lands identified in this dedication shall be maintained in accordance with the final maintenance and funding program approved by the Executive Director in accordance with Special Condition 4. 4. ACCESS AND HABITAT MANAGEMENT AND MAINTENANCE A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall provide for the review and approval by the Executive Director a management and maintenance program for proposed public trail, habitat restoration and preservation areas, public facilities, associated structures and appurtenances for the foregoing and water quality management structures and associated appurtenances. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124/958/8/05 (revised) Permit Application No.: 5-05-020 Page 7 of 3839 The final program, which may be incorporated in whole or in part in the final habitat management plan, shall include the following: 1. IDENTIFY ALL ENTITIES RESPONSIBLE FOR MANAGEMENT AND MAINTENANCE. In general, the owner of the land shall maintain it until such time as any easement required to be offered by this permit is accepted or a fee dedication required by this permit is complete. Where an easement or a fee dedication is accepted by an entity in accordance with the terms and conditions of this permit; the holder of the easement or fee title shall be responsible for management and maintenance of the facilities within the easement or land area unless the arrangements between the original landowner and the fee or easement holder dictate that the original landowner shall retain all or part of said management and maintenance responsibility. All management and maintenance shall occur in.accordance with the approved management and maintenance program. 2. IDENTIFICATION OF MANAGEMENT AND MAINTENANCE ACTIVITIES AND ASSOCIATED FUNDING PROGRAM. The management and maintenance program shall include identification of management and maintenance activities including, and funding program that will provide for the actual cost of: i. maintenance and periodic repair and replacement of park facilities, trails and associated appurtenances including, but not limited to, landscaping, trail routes and surfaces, fences, benches, signage and interpretive displays, and appropriate domestic pet controls and services and, ii. on-going habitat protection, restoration and maintenance as detailed in approved Final Habitat Management Plan approved by the Executive Director pursuant to Special Condition 10, including regular exotic plant removal, repair and maintenance of interpretive signs, and funding of public outreach programs, including resident education; and iii. maintenance of drainage systems, water quality management structures and other devices required to protect on-site habitat and ocean waters. 3. LEGAL AUTHORITY. The program shall demonstrate the legal ability of the assigned entities to undertake the development and maintain said development in accordance with the requirements of this permit. B. The permittee shall undertake development in accordance with the approved final program. Any proposed changes to the approved final program shall be reported to the Executive Director. No changes to the approved final program shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124/858/8/05 (revised) Permit Application No.: 5-05-020 Page 8 of 3838 5. BURROWING OWL SURVEY AND MITIGATION PLANS REQUIREMENT A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director, for review and approval, a burrowing owl survey and mitigation plans consistent with-the "Burrowing Owl Survey Protocol and Mitigation Guidelines", prepared by the California Burrowing Owl Consortium, dated April 1993 and the "Staff Report on Burrowing Owl Mitigation", prepared by the California Department of Fish and Game (DFG), Environmental Services Division, dated September 25, 1995. Prior to submittal to the Executive Director the burrowing owl survey plan shall be reviewed and approved by DFG. The survey and mitigation protocol and guidelines include avoidance of impacts during the nesting and breeding seasons and shall be included in the required plans and reflected in the Construction/Development Phasing Special Condition of this permit. B. The permittee shall undertake development in accordance with the approved final burrowing owl survey and mitigation plans. Any proposed changes to the approved burrowing owl survey and mitigation final plans shall be reported to the Executive Director. No changes shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 6. COVENANTS, CONDITIONS, AND RESTRICTIONS (CCBR'S), AND FINAL TRACT MAPS A. Consistent with the applicant's proposal, the applicant shall establish covenants, conditions and restrictions (CC&R's), or an equivalent thereof,for the proposed residential lots to address ownership and management of all subdivision streets, roads, trails, parks, habitat restoration and preserve areas, environmentally sensitive habitat areas, fuel modification plan areas, common landscaped areas and water quality management plan facilities. The CC&R's shall reflect all applicable requirements of this coastal development permit, including but not limited to the limitations on the development of the park, trail and habitat restoration and preservation areas, and the prohibition on the use of rodenticides, as proposed by the applicant and as conditioned by this permit. B. Subject to the review and approval of the Executive Director, the applicant shall, where feasible, consolidate proposed open space lots that are contiguous with one another and that are to be held by a common owner. C. All areas to be owned and/or managed by the homeowners association pursuant to Special Conditions 2 and 3 of this permit shall be shown as lettered lots on the NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5l24/058/8/05 (revised) Permit Application No.: 5-05-020 Page 9 of 38U revised vested tentative tract map (VTTM) 15460, subject to the review and approval of the Executive Director. ,L( pfiG.�GCI'LY D. As soon as a homeowner's association or similar'entity comprised of the individual owners of the 349 proposed residential lots i;created, the applicant shall transfer title to the 2.5-acre Southern Tarplant and Seasonal Pond Environmental Protection Area. E. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, and prior to recordation of any CC&R's, or tract maps associated with the approved project, proposed versions of said CC & R's and tract maps shall be submitted to the Executive Director for review and approval. The Executive Director's review shall be for the purpose of ensuring compliance with the standard and special conditions of this coastal development permit, including ensuring that, pursuant to paragraph A of this condition, the CC&Rs also reflect the ongoing restrictions and obligations imposed by these conditions. The restriction on use of the land cited within the special conditions of this permit shall be identified on the Tract Map, where appropriate, as well as being placed in the CC & R's. F. Simultaneous with the recording of the final tract map(s) approved by the Executive Director, the permittee shall record the covenants, conditions and restrictions approved by the Executive Director,.against the property. The applicant shall submit a recorded copy of the covenants, conditions and restrictions within 30 days of their recordation to the Executive Director. The CC & R's may not be modified in a manner that would render them inconsistent with any provision of with any provision of this permit or of any plan or other document approved by the Executive Director pursuant to the conditions of this permit. Any change that would not create a direct conflict between the CC&R's and the provisions of this permit or of any approved plan or other document shall be submitted to the Executive Director, in writing, for a determination as to whether such change requires approval of the Coastal Commission. The Executive Director shall have 90 days in which to communicate a determination to the Homeowners' Association. If, within that 90 days, the Executive Director indicates that Commission approval is required, no such change shall occur until such approval is secured. Otherwise, no Coastal Commission approval shall be required. The CC& R's shall indicate these restrictions within their terms. 7. CONSTRUCTION/DEVELOPMENT PHASING A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a revised, final construction/development phasing plan for review and approval by the Executive Director, which shall conform to the following: 1. All development, including removal of burrowing owl foraging habitat and grading, shall be consistent with the requirements of the Burrowing Owl NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5k'4,W/8/05 (revised) Permit Application No.: 5-05-020 Page 10 of 3834 Survey and Mitigation Plan Requirement Special Condition of this permit. In addition, during the period of raptor nest initiation (January 1 through April 30),no grubbing, grading or other development activity shall take place within 328 feet(100 meters) of the Eucalyptus ESHA. If raptors are nesting, no grading or other activities shall occur within 500 feet of any active hest. The applicant shall initiate the Coastal Sage Scrub and Native Grassland Creation Program as approved pursuant to Special Condition 10 of this permit, as soon as practical following final grading within the area to be restored. The applicant shall cant' out the restoration work in an expeditious manner in order to reestablish raptor foraging habitat in the affected area. As proposed by the applicant, no rodenticides shall be used during site preparation, grading or construction. 2. Grading of the public trail shall occur during initial grading operations, which shall be carried out consistent with the provisions for the protection of the existing ESHA. The construction of the public trail and initiation of the Coastal Sage Scrub and Native Grassland Creation Program as approved pursuant to Special Condition 10 of this permit shall be concurrent with the construction of the main roads and streets of the subdivision. The public trail shall be completed and open for public use, including the installation of habitat protection fencing pursuant to the approved final habitat management plan and the installation of signage and interpretive displays consistent with the public access, recreation improvements and signage special condition of this permit, concurrently with the opening of the first model home for public viewing. . B. The permittee shall undertake development in accordance with the approval final construction/development phasing plans. Any proposed changes to the approved final construction/development phasing plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. B. EROSION CONTROL PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, a final Erosion Control Plan that conforms to the requirements of this permit, and has been approved by the County of Orange. The Erosion Control Plan shall include written descriptions and site plans, as necessary, to describe the non-structural and structural erosion, sediment and polluted runoff controls to be used during project construction consistent with the requirements of this permit. The Erosion Control Plan shall incorporate the project Storm Water Pollution Prevention Plan and any additional construction phase erosion, sedimentation and polluted runoff control features of the project. The permittee shall undertake development in accordance with the approved final NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124/058/8/05 (revised) Permit Application No.: 5-05-020 Page 11 of 3839 plan. In addition, the Erosion Control Plan shall include the following requirements: 1. The plan shall delineate the areas to be disturbed by grading or construction activities and shall include any temporary access roads, staging areas and stockpile areas. The natural areas on the site shall be clearly delineated on the project site with fencing or survey flags. 2. The plan shall specify that should grading take place during,the rainy season (October 16—April 15) the permittee shall install or construct temporary sediment basins (including debris basins, desilting basins or silt traps), temporary drains and swales, sand bag barriers, silt fencing, stabilize any stockpiled fill with geofabric covers or other appropriate cover, install geotextiles or mats on all cut or fill slopes and close and stabilize open trenches as soon as possible. Major structural erosion measures such as basin traps or swales shall be required on the project site prior to or concurrent with the initial grading operations (or, if grading begins during the dry season, prior to the onset of the rainy season) and maintained throughout the development process to minimize erosion and sediment from runoff waters during construction. Smaller temporary erosion controls, such as sand bag barriers, silt fencing and geofabric covers shall be stockpiled for the duration of the rainy season and these erosion control measures shall be in place any time the probability or rain in the five day forecast is 40% or greater. All sediment should be retained on-site unless removed to an appropriate approved dumping location either outside the coastal zone or to a site within the coastal zone permitted to receive fill. 3. The plan shall also include temporary erosion control measures should grading or site preparation cease for a period of more than 30 days during the dry season, including but not limited to: stabilization of all stockpiled fill, access roads, disturbed soils and cut and fill slopes with geotextiles and/or mats, sand bag barriers, silt fencing; temporary drains and swales and sediment basins. These temporary erosion control measures shall be monitored and maintained .until grading or construction operations resume. If grading or site preparation cease during the rainy season,the requirements under Condition 8.A.2 above must be maintained until the project is completed or the site restored to original conditions. 4. The plan shall include requirements for a third party of construction phase erosion sedimentation and pollution control features of the project. Inspections shall determine if the project is in compliance with the Erosion Control Plan and report the results to the contractors for management of the erosion, sedimentation and pollution control features of the project. Work shall be signed by a registered civil engineer. a. All structural, construction phase BMPs shall be inspected, cleaned and repaired, as needed prior to the onset of the storm season, no earlier than August 1 and no later than October 1 st of each year; after every major storm event (greater than 0.75 inch of precipitation); and at least monthly throughout the construction phase. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5L2�/8/05 (revised) Permit Application No.: 5-05-020 Page 12 of 3839 b. Annual reports containing data and analytical assessment of data, shall be submitted in July of each year to the Executive Director of the Commission and to the Santa Ana Regional Water Quality Control Board during the construction phase. 9. CONSTRUCTION STAGING AREA AND FENCING A. All construction plans and specifications for the project shall indicate that impacts to wetlands and environmentally sensitive habitats shall be avoided and that the California Coastal Commission has not authorized any impact to wetlands or other environmentally sensitive habitat. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a final construction staging and fencing plan for the review and approval of the Executive Director which indicates that the construction in the construction zone, construction staging area(s) and construction corridor(s) shall avoid impacts to wetlands and other sensitive habitat consistent with this approval. The plan shall include the following requirements and elements:' 1. Wetlands and any environmentally sensitive habitats shall not be affected in any way, except as specifically authorized in this permit. 2. Prior to commencement of construction, temporary barriers shall be placed at the limits of grading adjacent to wetlands and all ESHA. Solid physical barriers shall be used at the limits of grading adjacent to all ESHA. Barriers and other work area demarcations shall be inspected by a qualified biologist to assure that such barriers and/or demarcations are installed consistent with the requirements of this permit. All temporary barriers, staking and fencing shall be removed upon completion of construction. 3. No grading, stockpiling or earth moving with heavy equipment shall occur within ESHA, wetlands or their designated buffers, except as noted in the final habitat management plan approved by the Executive Director pursuant to the following condition. 4. No construction equipment shall be stored within any ESHA, wetlands or their buffers. 5. The plan shall demonstrate that: a. Construction equipment, materials or activity shall not occur outside the staging area and construction zone and corridors identified on the site plan required by this condition; and b. Construction equipment, materials, or activity shall not be placed in any location that would result in impacts to wetlands or other sensitive habitat; 6. The plan shall include, at a minimum, the following components: a. A site plan that depicts: i. limits of the staging area(s) ii. construction corridor(s) iii. construction site NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) - Date 5Q4/058/8/05 (revised) Permit Application No.: 5-05-020 Page 13 of 3835 iv. location of construction fencing and temporary job trailers with respect to existing wetlands and sensitive habitat v. Compliance with 'General Construction Responsibilities/ Protection of Water Quality' Special Condition of this coastal development permit. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 10. FINAL HABITAT MANAGEMENT PLAN A. The permittee shall revise, implement and comply with all the habitat creation, restoration and preservation measures for the project site as approved by the Executive Director in the final Habitat Management Plan pursuant to this special condition. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the. permittee shall submit a revised, final habitat management plan for review.and approval by the Executive Director. Prior to submittal of the final habitat management plan to the Executive Director, it shall be reviewed and approved by the California Department of Fish & Game and U.S. Fish &Wildlife Service. The final habitat management plan shall substantially conform to the habitat management plan dated January 17, 2005 as modified and specified below and by the requirements of the "Revised Tentative Tract Map and Plans" special condition of this permit. The final habitat management plan shall be modified as follows: 1. Eucalyptus ESHA Buffer Width -The Eucalyptus ESHA buffer between the Eucalyptus ESHA and the residential lots shall be a variable width of.150 to 382 feet, as submitted by the applicant and approved by the Commission, except that there shall also be a 500 foot buffer between construction activities and active nests. The Eucalyptus grove ESHA buffer shall be planted consistent with the approved final habitat management plan as modified by the special conditions of this permit. 2. Eucalyptus ESHA Buffer Plant Palette— The proposed restricted coastal sage scrub and native grassland creation plant palette shall only be allowed within the fifty (50) feet closest to the rear lot lines of the residential lots. A revised plant palette shall be submitted for the remaining Eucalyptus ESHA Buffer. For areas on the relatively flat mesa top, the plant palette shall contain species appropriate to a native California grassland community in coastal Southern California. For areas on the relatively steep bluff faces, the plant palette shall contain species appropriate to coastal Southern California coastal sage scrub, coastal bluff scrub communities, or additional native California grassland vegetation. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5Q4iQ58/8/05 (revised) Permit Application No.: 5-05-020 Page 14 of 3839 3. Irrigation and Other Fuel Modification Activities Within the ESHA Buffer— Only drip irrigation, designed to mimic the ambient rainfall condition, shall be allowed within the Eucalyptus ESHA buffer, and shall only be allowed within the fifty feet closest to the rear lot lines of the residential lots (Fuel Mod Zone B). As proposed by the applicant, the drip irrigation system shall be carefully monitored and adjusted if necessary to avoid adverse impacts, including but not limited to, attraction of Argentine,ants. No other fuel modification activities, including mowing, shall be allowed to take place within the Eucalyptus ESHA buffer. 4. Burrowing Owl ESHA Buffer- The Burrowing Owl ESHA as depicted on Figure 1 Exhibit 20, shall be surrounded by a vegetated buffer measuring no less than 164 feet (50 meters). The plant palette for the Burrowing Owl ESHA buffer shall be revised to contain species appropriate to a native California grassland community in coastal Southern California areas on the relatively flat mesa top, and for areas on the relatively steep bluff faces, the plant palette shall contain species appropriate to coastal Southern California coastal sage scrub, coastal bluff scrub communities, or additional native California grassland vegetation. The buffer area shall be planted consistent with the plant palette approved herein. Only drip irrigation, designed to mimic.the ambient rainfall condition, shall be allowed within the Burrowing Owl ESHA buffer, and shall only be allowed within the fifty feet closest to the rear lot lines of the residential lots (Fuel Mod Zone B). As proposed by the applicant, the drip irrigation system shall be carefully monitored and adjusted if necessary to avoid adverse impacts, including but not limited to, attraction of Argentine ants. Grading for the removal of the existing stockpile of crushed concrete material shall also be allowed. No other fuel modification activities may be allowed to-take place within the 164 foot(50 meter) Burrowing Owl ESHA buffer. Only minor grading associated with the construction of the approved trail, approved water quality treatment facilities or the removal of existing roads for habitat creation and restoration purposes shall be allowed. 5. Grading Adjacent to Eucalyptus ESHA- There shall be no grading within 500 feet of any occupied nest within of the Eucalyptus ESHA during the breeding season (considered to be from February 15 through August 31). 6. 2.5-acre Southern Tarplant and Seasonal Pond Environmental Protection Area -The habitat management plan shall be modified to include the proposed 2.5-acre Southern Tarplant and Seasonal Pond Environmental Protection Area as proposed by the applicant. The plan shall include any needed minor grading, including staging, staking, fencing and timing of activities, identification of and non-mechanical methods of removal of any existing weeds and undesirable plants, a plant palette, planting methods including any needed temporary above ground irrigation and initial and long-term NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5t24tM/8/05 (revised) Permit Application No.: 5-05-020 Page 15 of 3839 monitoring and maintenance of the habitat preserve area. No in ground permanent irrigation shall be allowed in the preserve. The plan shall include a 100-foot buffer around the Los Patos wetland, planted with appropriate plants from the approved plant palette and a 50-foot buffer around the Southern Tarplant, planted with appropriate plants from the approved plant palette and shall be fenced/vegetated on the outer edges to prevent access to the preserve area by domestic pets and humans. The plan shall ensure that no development, with the exception of the removal by hand of any undesirable plants, as approved by the Executive Director, shall occur within the Los Patos wetlands. Further, the removal or relocation of any Southern Tarplant shall be prohibited. The plan shall include a maintenance and monitoring plan for the preserve area. The initial monitoring of the preserve area shall be for a period of no less than five years and shall be in substantial conformance with the monitoring plan, as approved by the Executive Director, for the Coastal Sage Scrub and Native Grassland Creation area. The Southern Tarplant and Seasonal Pond Environmental Protection Area shall be monitored and maintained pursuant to a long-term monitoring and maintenance plan to be approved by the Executive Director as required by 'this special condition. The long-term monitoring and maintenance plan shall ensure that the preserve area will be monitored at least annually after the initial five-year monitoring period and that all plantings are maintained in good growing condition. The Southern Tarplant and Seasonal Pond Environmental Protection Area shall also be subject to the perpetual management and maintenance provisions specified below. The homeowners association shall bear responsibility for the management of the Southern Tarplant and Seasonal Pond Environmental Protection Area as approved in this special condition and the other applicable special conditions of this permit. 7. The permittee shall submit a final report prepared by the biological monitor to the Executive Director, for review and approval, within 60 days of project completion that includes: as-built construction drawings with an overlay of wetlands and coastal sage scrub that were avoided, photographs of CSS and wetland areas avoided, and other relevant summary information documenting that development, including habitat restoration and preservation measures are in general compliance with all conditions of this permit. 8. The permittee shall install protective fencing or barriers along any interface with developed areas and/or use other measures, designed in consultation with the Department of Fish and Game and the Fish and Wildlife Service and approved by the Executive Director, to deter human and pet entrance into all restored and preserved wetland, CSS and ESHA buffer areas and the area of the lower bench to be sold to the State of California. Plans for fencing and/or other preventative measures shall be submitted to the Executive Director for review approval prior to the issuance of the coastal development permit in P r NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8/05 (revised) Permit Application No.: 5-05-020 Page 16 of 3839 accordance with the `Construction Staging Area and Fencing' special condition of this permit. 9. The permittee shall implement a perpetual management, maintenance and monitoring plan for all the habitat management plan areas. The plan shall include the monitoring activities of the final habitat management plan as approved by the Executive Director and shall also include a perpetual management, maintenance and monitoring plan beyond that specified in the "Conceptual Coastal Sage Scrub and Native Grassland Creation and Monitoring Plan for ESHA Buffer Associated with Brightwater Project,Orange County, CA," prepared by Glen Lukos and Associates, dateti January 17, 2005. The permittee shall also establish a non-wasting endowment in favor of the State of California, for an amount determined in consultation with the Resources Agencies and approved by the Executive Director, to secure the ongoing funding for the perpetual management, maintenance and monitoring of the habitat management plan area by an agency, non-profit organization, or other entity approved by the Executive Director. The amount of the non- wasting endowment shall be based on an analysis of the amount needed to maintain and monitor the habitat creation and preservation areas as described above and approved in the final habitat management plan of this permit. The endowment shall be funded either by an initial contribution by the developer or by a combination of an initial contribution by the developer and annual payments assessed on each dwelling unit (adjusted annually. consistent with the Consumer Price Index) for each residential unit. Until a qualified management entity, subject to the review and approval of the Executive Director, is identified, the permittee shall be responsible for such management. 10.The permittee shall develop a resident education program in conjunction with the Orange County Animal Control office. The program shall advise residents of the potential impacts to sensitive plant and animal species and the potential penalties for taking (i.e. disturbing or harming) such species. The program shall include, but not be limited to, information pamphlets and signage included as part of the interpretive program within the habitat management plan area. Informational pamphlets shall be distributed to all residences on a regular basis (e.g. once a year). At a minimum, the program shall include the following topics: occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, impacts from free-roaming pets (particularly domestic and feral cats), legal protection afforded to the listed and sensitive species, penalties for violations of Federal and State laws, reporting requirements, the importance of the presence of large predators such as the coyote in maintaining the habitat, and project features designed to reduce the impacts to these species and promote the species continued successful occupation of NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) - Date 5/24/058/8/05 (revised) Permit Application No.: 5-05-020 Page 17 of 3834 the preserved areas. The resident education program shall also explain the prohibition on the use of rodenticides and its importance. 11.Restoration activities, such as weed control and removal and planting and seeding shall not take place within 500 feet of active raptor nests during the breeding season unless the permittee provides a biological monitor who will ensure no impacts to raptors occur and the permittee must obtain prior written approval from the Department of Fish and Game and the Fish and Wildlife Service. Prior to initiation of such activities, the permittee A. All a�'eas p I shall submit written evidence of Department of Fish and Game and the Fish and Wildlife Service approval for the review and approval of the Executive Director. 12.Appropriate controls and services that prohibit the entry of domesticated animals into habitat restoration areas shall be identified and implemented. In addition, appropriate controls and services shall be identified and implemented for areas where domestic animals, only on leashes,may be permitted, such as trails. 13.The existing approximately 5 acre Eucalyptus grove ESHA shall be included within the habitat management plan area. The ESHA shall be restored and managed to provide undisturbed perching, roosting, and nesting habitat for birds of prey. To this end, the ESHA shall be fenced and monitored to exclude humans and vehicles from traversing the ESHA along its axis. However, an alternative public trail route shall be established to link with trails on the mesa and which may cross the ESHA in a location that has the fewest negative impacts. The alternative trail route shall be conspicuously posted, shall provide the public with information on the habitat restoration purposes of the fencing and shall be maintained. C. The permittee shall undertake development in accordance with the approved final plans. As in all cases, this requirement continues to apply to successors in interest, including purchasers of individual residential lots, and their ongoing management of their property. Any proposed changes to the approved final plans or phases of construction shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 11. LANDSCAPE REQUIREMENTS A. All areas disturbed and/or denuded by the development and not approved for hardscape or other development that is incompatible with re-vegetation shall be re- vegetated and maintained to protect habitat and to prevent erosion into habitat areas, wetlands, and coastal waters. Such re-vegetation shall occur in accordance with the NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8/05 (revised) Permit Application No.: 5-05-020 Page 18 of 38U requirements of the special conditions of this permit. All required plantings shall be maintained in good growing condition throughout the life of the project, and whenever necessary, shall be replaced with new plant materials that conform to the requirements of the special conditions of this permit. B. All landscaping on the private residential lots-within VTTM 15460, within the proposed local parks'and along the streets and roads of the subdivision, (including temporary erosion control and final landscaping) for the entire development covered by this permit shall be of plants native to coastal Orange County and appropriate to the natural habitat type or non-native, non-invasive, low water use plants on the "Approved Plant List for Non-Habitat/Non-Buffer Areas" to be approved by the Executive Director pursuant to this special condition. No plant species listed as problematic and/or invasive by the California Native Plant Society, California Exotic Pest Plant Council, or as may be identified from time to time by the State of California,or any plant species listed as a 'noxious weed' by the State of California or the U.S. Federal Government shall be utilized anywhere within the proposed development area, including the landscaping within the private residential lots of VTTM 15460, along the streets and roads and the park areas. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, subject to the review and approval of the Executive Director, a plant list for non-habitat/non-buffer areas that complies with the above criteria. Once approved by the Executive Director this list shall be known as the "Approved Plant List for Non-Habitat/Non-Buffer Area" and shall be recorded in the covenants, conditions and restrictions of the homeowners association pursuant to Special Condition 6 of this permit. Only those plants on the Approved Plant List for Non-Habitat/Non-Buffer Areas" shall be planted and allowed to grow within the non-habitat/non-buffer areas of the project. C. All irrigation, both temporary and permanent, shall be prohibited in wetlands and the Eucalyptus ESHA, Burrowing Owl ESHA, and Southern Tarplant ESHA, except where explicitly permitted by the Executive Director on a case-by-case basis for restoration purposes only. With the exception of the lots abutting the Eucalyptus or Burrowing Owl ESHA buffers, permanent, in-ground irrigation may be allowed on private residential lots, common area non-habitat non-buffer areas, and as approved in the final Habitat Management Plan. Landscaping on lots abutting the Eucalyptus or Burrowing Owl ESHA buffers shall use only drip irrigation regulated by a timer system. The requirement for drip irrigation on these lots shall be specified in the CC& Rs. In all other areas, only temporary, above ground irrigation may be allowed to establish the plantings, where needed, and if approved in this permit. Common area irrigation must further comply with the following provision: Irrigation allowed in the non-habitat/non-buffer areas shall have automatic rain gauges connected to irrigation controllers and shall be installed and maintained by the homeowners association in the common areas. The rain gauges shall monitor rainfall volume and interrupt watering schedules in response to site-specific rainfall conditions. Rain gauges shall be located adjacent to controllers to NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8105 (revised) Permit Application No.: 5-05-020 Page 19 of 38U facilitate monitoring by maintenance personnel. Use of drip and efficient low-flow irrigation emitters to minimize irrigation requirements and over-irrigation shall also be used where appropriate. D. For visual purposes, prior to the issuance of the coastal development permit, a visual enhancement plan shall be submitted for review and approval by the Executive Director along with written evidence of review and approval from the Manager, PFRD/HBP Program Management and Coordination, in consultation with the Manager, Environmental and Project Planning Division of the County of Orange, that is designed to soften, through selective placement of primarily native vegetation, the visual impact of large expanses of wall or roof within residentially developed portions of the site that would be visible from significant vantage points along the proposed trail and parks and from off-site publicly owned open space and recreation areas and public trails. E. Temporary Erosion Control Measures. See 'Erosion Control' Condition. F. Timing of Final Landscaping. Final landscaping guidelines for all areas outside the habitat management plan area shall be completed and submitted for review and approval by the Executive Director prior to the issuance of the coastal development permit. The guidelines shall state that all common and private area landscaping for each phase shall be installed prior to the issuance of the first certificate of use and occupancy for that phase and shall have a licensed landscape architect or licensed landscape contractor certify that it was installed in accordance with the approved plan. The guidelines shall also state that landscaping of each residential lot shall be completed within a timely manner, pursuant to the timelines of the CC& Rs. The guidelines shall be consistent with the requirements of this coastal development. The timing of re-vegetation efforts within the habitat restoration areas identified in the revised final Habitat Management Plan shall be as indicated in the revised final Habitat Management Plan approved by the Executive Director. G. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit landscape palette lists to be incorporated into the landscaping guidelines detailed above subject to the review and approval of the Executive Director, that identify: 1) the native plant species that may be planted in the development; 2) a list of the non-native, non-invasive common garden plant species that may be planted on the residential lots; 3) the non-native, non-invasive turf that may be planted within approved turf areas in the two local parks, and 4) the invasive plant species that are prohibited from use anywhere within the development. The landscape palette for the development shall be consistent with the Approved Plant List for Non-Habitat/Non- Buffer Areas as reviewed and approved by the Executive Director. These lists shall remain available for consultation and shall be recorded in the covenants, conditions and restrictions as required by Special Condition 6. Additions to or deletions from these lists may be made by the Executive Director of the California Coastal Commission, in consultation with the project's restoration ecologist and the Department of Fish and NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5�24/058/8/05 (revised) Permit Application No.: 5-05-020 Page 20 of 3&U Game and the Fish and Wildlife Service. No deviations from the list shall occur in the plantings on the site without an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. H. PRIOR TO SUBMITTAL OF FINAL LANDSCAPE PALETTE LISTS, LANDSCAPE PLANS, AND TEMPORARY EROSION CONTROL PLANS, the permittee shall obtain the review and approval of those lists and plans by the California Department of Fish and Game, the United States Fish and Wildlife Service and the Orange County Fire Authority. Written evidence of the required reviews and approvals shall be submitted with the lists and plans submitted to the Executive Director. I. CONCURRENT WITH SUBMITTAL OF ALL PLANS IDENTIFYING LANDSCAPING, the permittee shall provide an analysis of each.plan submitted, prepared by a qualified biologist, which documents that the landscaping complies with all of the landscaping and habitat management requirements of this permit. I J. Monitoring. Five years from the date of the completion of the installation of landscaping of the common areas as required in these special conditions, the permittee shall submit, for the review and approval of the Executive Director, a landscape monitoring report, prepared by a licensed landscape architect or qualified resource specialist, that certifies the on-site landscaping is in conformance with the requirements of the special conditions of this permit and the landscape plans approved pursuant to the special conditions of this permit. The monitoring report shall include photographic documentation of plant species and plant coverage. If the landscape monitoring report indicates the landscaping is not in conformance with or has failed to meet the performance standards specified in the landscaping plan approved pursuant to this permit, the permittee, or successors in interest, shall submit a revised or supplemental landscape plan for the review and approval of the Executive Director. The revised landscaping plan must be prepared by a licensed landscape architect or a qualified resource specialist and shall specify measures to remediate those portions of the original plan that have failed or are not in conformance with the original approved plan. The permittee or successor in interest shall implement the supplemental landscaping plan approved by the Executive Director and/or seek an amendment to this permit if required by the Executive Director. 12. REVISED FUEL MODIFICATION PLAN REQUIREMENTS A. All fuel modification shall be consistent with the requirements of the final Habitat Management Plan approved by the Executive Director pursuant to Special Condition 10 and the final fuel management plan approved by the Executive Director pursuant to subpart B of this condition, which plan is conceptually described in the "Conceptual Plan OCFA Protection Zones and Program Description" for the Brightwater development project, prepared by FORMA, dated April 5, 2005. Proposed and future residential and appurtenance structures shall be set back a sufficient distance from proposed habitat NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date &24/058/8/05 (revised) Permit Application No.: 5-05-020 Page 21 of 3838 restoration and preservation areas such that there will be no vegetation pruning, thinning or clearance or mowing required by the relevant fire authority (e.g. Orange County Fire Authority) within the 150 to 382 foot Eucalyptus ESHA buffer, the 100 foot (30.5 meters) wetland buffers, the 164 feet (50 meters) Burrowing Owl ESHA buffers, or the 50 foot (.15.2 meters) Southern Tarplant ESHA buffer, other than as specifically allowed by the final Habitat Management Plan approved by Special Condition 10 of this permit. Prior to submittal of the final fuel modification plan to the Executive Director, but following review and approval of the final fuel modification plan and the final habitat management plan by the Orange County Fire Authority (OCFA) pursuant to Special Condition 10, the applicant shall submit the final fuel modification plan to the California Department of Fish and Game (DFG) for their review and written approval. This requirement shall not result in any reduction of restored and preserved habitat area or public access opportunities. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a final fuel management plan for the development for review and approval by the Executive Director, which plan shall be consistent with the requirements outlined above and in the special conditions of this permit. The final fuel management plan required after approval by the Executive Director,shall include a statement that any future changes to the plan, including any changes required by the relevant fire authority or other resource agencies, shall be reported to the Executive Director of the Coastal Commission, and shall require an amendment to this permit or a new coastal development permit prior to implementation of those changes unless the Executive Director of the Coastal Commission determines that no amendment or new permit is required. C. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required D. For purposes of this permit, this condition shall serve as notification to present and future property owners that certain structures and areas of land are subject to special fuel treatment requirements that are specified in the final fuel management plan approved by the Orange County Fire Authority and the Executive Director of the Commission. Among those requirements is a requirement that residential structures facing upon native restoration or open space areas incorporate building construction features consistent with Orange County Fire Authority guidelines for construction of structures within special fire hazard areas. Furthermore, there is a prohibition on the placement of combustible materials in the rear yards of the residential lots that abut open space areas. Proposed and future development shall conform to the requirements of the approved final fuel management plan. 13. LIGHTING NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5i24058/8/05 (revised) Permit Application No.: 5-05-020 Page 22 of 38U A. All lighting within the development shall be directed and shielded so that light is directed away from wetlands, and other habitat and buffer areas. Floodlamp shielding and'/or sodium bulbs shall be used in developed areas to reduce the amount of stray lighting into native restoration and preservation areas. Furthermore, no skyward-casting lighting shall be used. The lowest intensity lighting 'shall be used that is appropriate to the intended use of the lighting. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and,approval of the Executive Director, a lighting plan to protect the wetlands, and other habitat and buffer areas from light generated by the project. The lighting plan to be submitted to the Executive Director shall be accompanied by an analysis of the lighting plan prepared by a qualified biologist which documents that it is effective at preventing lighting impacts upon adjacent wetlands and environmentally sensitive habitat and buffer areas. B. The permittee shall undertake development in accordance.with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 14. WALLS, FENCES, GATES, SAFETY DEVICES AND BOUNDARIES A. Fences, gates, safety devices and boundary treatments within or controlling access to environmentally sensitive habitat areas (ESHA), except for the Southern Tarplant and Seasonal Pond Environmental Protection Area, shall be designed.to allow the free ingress, egress and traversal of the habitat areas of the site by wildlife, including the coyote. Where the backyards of residences abut habitat buffer areas, there shall be walls, fences, gates, safety devices and boundary treatments, as necessary, to contain domestic animals within the residential development and along the approved trails and exclude such animals from sensitive habitat. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit final revised plans showing the location, design, height and materials of all walls, fences, gates, safety devices and boundary treatments for the review and approval of the Executive Director. Said plans shall be accompanied by an analysis of the wall, fence, gate and boundary treatment plan prepared by a qualified biologist that documents that the modified walls, fences, gates and safety barriers and boundary treatments will minimize the uncontrolled entry of domesticated animals into wetlands and environmentally sensitive habitat and buffer areas and allow for free ingress, egress and traversal of the wetland and habitat and buffer areas of the site by wildlife. The plans shall have received prior review and approval by the County of Orange, the California Department of Fish and Game and the United States Fish and Wildlife Service. B. The permittee shall undertake development in accordance with the approval final plans. Any proposed changes to the approved final plans shall be reported to the NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5�24i958/8/05 (revised) Permit Application No.: 5-05-020 Page 23 of 383U Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 15. PUBLIC ACCESS AND RECREATION REQUIREMENTS AND IMPROVEMENTS A. Public Access Requirements 1. Streets, Roads and Public Parking All streets, roads and parking shall be provided as described on the revised Brightwater project Development Plan, dated February 18, 2005. All publicly and privately maintained streets, roads and public parking areas identified on the above Development Plan shall be for public street purposes including, but not limited to, pedestrian, bicycle and vehicular access. Parking shall be provided as described in the applicant's January 21, 2005 coastal development permit application submittal. All streets, roads and public parking areas shall be open for use by the general public 24 hours per day, with the exception of standard limited parking restrictions for street sweeping/maintenance purposes. Long term or permanent physical obstruction of streets, roads and public . parking areas shall be prohibited. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets-or parking areas shall be prohibited. 2. Public Trail No development, as defined in Section 30106 of the Coastal Act, shall occur within the public trail corridor as approved by the Executive Director pursuant to paragraph C of this condition except for the following development: grading and construction necessary to construct the trails and appurtenances (e.g. signs, interpretive displays, benches, trash receptacles, protective fencing), vegetation removal and planting, drainage devices, erosion control and repair, maintenance and repair activities pursuant to and in conjunction with the management and maintenance program detailed in Special Condition 4 and as required below. Development that diminishes permanent public access shall be prohibited. As proposed, the public pedestrian trail shall have a decomposed granite surface, shall be six feet in width and shall be located within twenty-five feet of the southern lot lines of the proposed residential lots. The public access trail shall be open to the general public for passive recreational use. The lands identified in this restriction shall be maintained in accordance with the final maintenance and funding program approved by the Executive Director in accordance with Special Condition 4. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5/ 4/058/8/05 (revised) Permit Application No.: 5-05-020 Page 24 of 38U 3. Local Parks The two local parks shown on the revised Brightwater project Development Plan dated February 18, 2005 (which land is generally, but not fully, depicted on Exhibit 3), shall be open to the general public and maintained for passive park use. No development, as defined in Section 30106 of the Coastal Act, shall occur within the local parks as identified, except for the following development: grading and construction necessary to construct the parks, vegetation removal and planting, drainage devices, a,proposed underground sewer lift station, erosion control and repair, maintenance and repair activities pursuant to and in conjunction with the management and maintenance of the parks. B. The applicant shall ensure the construction of the public access and passive recreation improvements for park and trail purposes as described in the project description submitted by the applicant; in the January 21, 2005 submittal, as amended on.February 18, and March 4, 2005, and as modified by the special conditions of this permit. All public access and passive recreation improvements for park and trail purposes shall be completed and open for use by the general public in accordance with the final construction phasing plan approved by the Executive Director in accordance with the 'Construction/Development Phasing' special condition of this permit. Furthermore, the facilities identified in this condition shall be maintained in accordance with the final maintenance and funding program approved by the Executive Director in accordance with the 'Access and Habitat Management and Maintenance' special condition of this permit. C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit revised, final, detailed plans of the public access and recreation improvements for park and trail purposes-For review and approval by the Executive Director. All facilities constructed shall be sited and designed to minimize disturbance to adjacent habitat areas and to minimize the obstruction of public views. All facilities shall conform to the final habitat management plan approved by the Executive Director pursuant to condition 10. Plans shall identify all structures including location, dimensions, materials and colors, and use as well as sign and interpretive display text and graphics, size and orientation. All plans shall be of sufficient scale and detail to verify the location, size and content of all signage, and the location and orientation, size, materials and use of structures during a physical inspection of the premises. Plans shall be consistent with the modifications required in the "Revised Tentative Tract Map and Development Plans" special condition of this permit. The final plans shall also comply with the following: 1. Public Trail Plan: The final plans submitted for review and approval to the Executive Director shall include a revised trail location and detailed trail improvement plans. The trail shall be located within 25 feet of the rear property line of the residential lots that abut the Eucalyptus and Burrowing Owl ESHA buffers as revised by Special Condition 10 of this permit. The NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date &2405 /8/05 (revised) Permit Application No.: 5-05-020 Page 25 of 38U detailed final trail improvement plans submitted shall be in substantial conformance with the February 18, 2005 plans identified above and as modified by the conditions of this permit. Said plan(s) shall include trail alignment, width, surface and materials; designated parking; designated overlooks; recreational appurtenances such as benches, refuse containers; fencing between the trail and habitat buffer areas; erosion control and footpath control plantings (such as cactus adjacent to sensitive areas). 2. Sign Plan: The final plans submitted for review and approval to the Executive Director shall include a detailed signage plan that directs the public to the public trail and public passive recreation opportunities on the project site. Signs shall invite and encourage public use of access opportunities and shall identify and direct the public to their locations, including the three proposed paseos leading to the public trail. Signage shall be visible from the Warner Avenue/Los Patos intersection area and Warner Avenue/Bolsa Chica Street intersection area and from internal circulation roads and parks. Signage shall include public facility identification monuments (e.g. public park name); community identification monuments (e.g. Brightwater Community); facility identification/directional monuments (e.g. location of amenities); informational signage and circulation; interpretive signs, and roadways signs. Signs shall also identify and explain key biological habitat preservation areas (Eucalyptus grove, burrowing owl and Southern Tarplant ESHAs and the two freshwater wetlands) and the significant prehistoric and historic cultural resources of the site and Bolsa Chica area, and identify restricted areas. Prior to submittal to the Executive Director, the final interpretive displays and interpretive signage shall be reviewed by and comments solicited from the interested agencies and groups as specified in the 'Revised Tentative Tract Map and Development Plans" special condition and submitted to the Executive Director. Signs and displays not explicitly permitted in this document shall require an amendment to this permit unless the Executive Director determines that no amendment is required. D. The revised plans shall, prior to submittal to the Executive Director, be reviewed and approved by the County of Orange Department of Beaches, Harbors and Parks after receipt of comments from the interested agencies and groups specified above. E. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5Q41058/8/05 (revised) Permit Application No.: 5-05-020 Page 26 of 3839 16. WATER QUALITY A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a final r-vised Water Quality Management Plan (WQMP) for the post-construction project site. The WQMP shall be prepared by,a registered civil engineer and shall include project plans, hydrologic calculations, and details of the structural and non-structural Best Management Practices (BMPs) that shall be included in the project. - - I . .. The final plan shall be reviewed by the consulting engineering geologist to ensure conformance with geotechnical recommendations. The final plan shad demonstrate substantial conformance with the Water Quality Management Plan (WQMP)for Brightwater Unincorporated County of Orange, CA Vesting Tentative Tract Map 15460, dated (revised) January 21, 2005, prepared by The Keith Companies. The final plan shall also include detailed plans for the proposed rip-rap erosion control device proposed below the 66" stormdrain outlet. The rip-rap shall be modified as required in special condition 17 and shall be reviewed and approved by the State Lands Commission (SLC) for that portion of the development that lies on land owned by SLC. In addition to the specifications above, the plan shall be in substantial conformance with the following requirements: 1. Best Management Practice Specifications a. Site Design, Source Control, and Treatment Control BMPs shall be designed to reduce, to the maximum extent practicable, the volume, velocity and pollutant load of storm water and nuisance flow leaving the developed site. b. Maintain, to the maximum extent practicable, pre-development peak runoff rates and average volume of runoff; c. Post-construction structural BMPs (or suites of BMPs) shall be designed to treat, infiltrate or filter the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, 1- hour storm event, with an appropriate safety factor(i.e., 2 or greater), for flow-based BMPs. d. The structural BMPs shall be constructed prior to or concurrent with the construction of infrastructure associated with the development within Tentative Tract 15460. Prior to the occupancy of residential structures approved by this permit, the structural BMPs proposed to service those structures and associated support facilities shall be constructed and fully functional in accordance with the final WQMP approved by the Executive Director. e. All structural and non-structural BMPs shall be maintained in a functional condition throughout the life of the approved development to NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8/05 (revised) Permit Application No.: 5-05-020 Page 27 of 3839 ensure the water quality special conditions are achieved. Maintenance activity shall be performed according to the specifications in Water Quality Management Plan (WQMP) for Brightwater Unincorporated County of Orange, CA Vesting Tentative Tract Map 1546J, dated (revised) January 21, 2005, prepared by The Keith Companies. At a minimum, maintenance shall include the following: i. All structural BMPs shall be inspected, cleaned and repaired, as needed prior to the onset of the storm season, no earlier that August 1 st or later than October 1 st-of each year; after every major storm event (greater than 0.75 inch of precipitation); and at least once during the dry season; ii. Should any of the project's surface or subsurface drainagetfiltration structures or other BMPs fail or result in increased erosion, the applicant/landowner or successor-in-interest shall be responsible for any necessary repairs to the drainage/filtration system and restoration of the eroded area. Should repairs or restoration become necessary, prior to commencement of such repair or restoration work, the applicant shall submit a repair and restoration plan to the Executive Director to determine if an amendment or new coastal development permit is required to authorize such work. If the Executive Director determines that an amendment or a new permit is required to authorize the work, no such work shall begin or be undertaken until it is approved in accordance with the process outlined by the Executive Director, f. Impervious surfaces, especially directly connected impervious areas, shall be minimized, and alternative types of pervious pavement shall be used where feasible; g. Irrigation and the use of fertilizers and other landscaping chemicals shall be minimized; h. Trash, recycling and other waste containers, as necessary, shall be provided in common areas throughout the development. All waste containers anywhere within the development shall be covered, watertight, and designed to resist scavenging animals. i. Runoff from all roofs, roads and parking areas shall be collected and directed through a system of structural BMPs including vegetated areas and/or gravel filter strips or other vegetated or media filter devices. The system of BMPs shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration, filtration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the developed site in a non- erosive manner; j. Debris and other water pollutants removed from structural BMPs) during clean-out shall be contained and disposed of in a proper manner; NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8/05 (revised) Permit Application No.: 5-05-020 Page 28 of 3838 k. Storm drain stenciling ("No Dumping, Drains to Ocean" or equivalent phrase) shall occur at all storm drain inlets in the development. I. Informational signs around the residential development for homeowners and the public about urban runoff and the BMPs used on-site >hall be provided at trailheads, and at centralized locations near storm drain inlets. 2. The applicant shall provide in the Final Water Quality Management Plan a description of the design of both the underground media filter system and the catch basin media filters, including the basis for selection of filter-media, the expected performance of the media filters, the management, operation and maintenance of the media filter systems and contingency plans if the media filters do not meet performance expectations. The Final WQMP shall be submitted to the Executive Director for approval. 3 The WQMP shall include diversion to the sanitary sewer for dry weather flows, including dry weather between rainstorms during the rainy season. In the event that the applicant cannot secure a long-term (life of the project) agreement with the local sanitary district to accept the dry weather flows, then efficient irrigation including smart sprinkler controllers shall be installed on all landscaped areas of the development. 3. The applicable covenants, conditions and restrictions (CC&R's) shall require that all development be carried out in accordance with the Water Quality Management Plan approved by the Executive Director. B. Water Quality Monitoring Plan PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director, a final revised Water Quality Monitoring Plan, designed to evaluate the effectiveness of the project structural BMPs (both the underground and catch basin media filters) and it shall include a monitoring point at the outlet of the BMPs and prior to the effluent mixing with other runoff or receiving waters. 1. Water quality monitoring for the Brightwater Development shall characterize the effectiveness of project structural BMPs (both the underground and catch basin media filters) during at least 3 storms per year over a three year period. a. The monitoring program shall be designed to determine if the two major structural BMPs are performing at least as well as indicated in the WQMP and to demonstrate that the filters are protecting coastal water quality to maximum extent practical at the time of construction. 2. The Water Quality Monitoring Plan shall document how the sampling procedures are designed to address the objectives above, including the selection of sampling procedures, the frequency of sampling and sampling locations. The Water Quality Monitoring Plan shall include a map of the NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124058/8/05 (revised) Permit Application No.: 5-05-020 Page 29 of 38,U proposed sampling locations, methods of analysis and expected reporting limits. 3. Baseline water quality data of the pre-development conditions of the constituents that will be monitored in the Stormwater Quality Monitoring Plan shall be collected. 4. Post-development monitoring shall be conducted for a minimum period of three (3) years, following completion of development approved by this permit. Annual reports containing data and analytical assessment of data, shall be submitted to the Executive Director of the Commission and to the Santa Ana Regional Water Quality Control Board for three (3)-years after all construction approved by this permit has been completed. C. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 17. REVISED TENTATIVE TRACT MAP AND PLANS A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, revised tentative tract map and final development plans, approved by the County of Orange, which conform with the requirements of the special conditions of this permit and indicate the final layout of all development including but not limited to lots, grading, streets, utilities and easements, infrastructure, water quality management system, trails, park and recreation facilities, signs, interpretive amenities, habitat restoration, landscaping, and residential and public facilities. The revised tentative tract map and final development plans shall be modified to include, but not be limited to: 1. Reconfiguration of proposed subdivision such that no separate legal parcel is created on the lower bench of the Bolsa Chica Mesa. The proposed 11.8-acre residual portion of the existing Parcel 2 shown on VTTM 15460 shall either be connected to proposed Lot AH of VTTM 15460 or sold to the Wildlife Conservation Board for conservation purposes prior to recordation of the final tract map so that it is not part of Parcel 2 when Parcel 2 is subdivided. If the applicant chooses to connect the proposed residual parcel to Lot AH, the uses of the portion that was proposed to be a residual parcel shall be limited to open space, conservation, habitat protection, and passive recreational use for wildlife viewing, and it shall not be subject to the sort of management to which the remainder of parcel AH is subject. f NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8/05 (revised) Permit Application No.: 5-05-020 Page 30 of 38U 2. Revision of the Burrowing Owl'ESHA buffer such that it is a minimum of 164 feet (50 meters) in width as measured from the outer edge of the burrowing owl ESHA, as depicted in Figure 1 of Exhibit 20. 3. Revised public passive recreational signage and interpretive display plans to include interpretive information concerning the area's prehistoric and historic use by Native Americans, including but not limited to its use in Cogged Stone manufacturing and distribution, and archaeoastronomy, and ORA-83's general location and eligibility as a State and National Historic Site due to this significance. The interpretive information must also indicate the presence of the house pits and other significant artifacts that were recovered at ORA-83 and the location of the curation facility where the artifacts may be viewed. The applicant shall submit a detailed signage and interpretive plan including the location and orientation, size, materials, and text of all signs and interpretive displays, consistent with the requirements of the "Public Access and Recreation Improvements and Signage"special condition of this permit. Prior to submittal of the signage and . interpretive plan, the plan shall be reviewed by the County of Orange, Department of Beaches Harbors and Parks, the California Department of Parks and Recreation, Office of Historic Preservation, the Native American Heritage Commission, and the Native American group(s) with cultural ties to the area as determined by the Native.American Heritage Commission. The applicant shall submit written evidence of submittal of the plan to the named agencies/groups and copies of any comments from the same. The review period shall be no less than thirty days. 4. Revisions to the proposed rip-rap structure located below the proposed 66-inch stormdrain. The rip-rap structure shall be revised such that it is primarily aligned in an east-west "bowl" design, along the existing dirt road below the discharge point, in order to disperse the. storm flow over greater spillover area. The revised rip-rap plan shall be submitted to the SLC for review and written approval prior to submittal to the Executive Director. 5. Submittal of an off-site raptor foraging habitat mitigation plan providing 0.5 acres of native or non-native grasslands for each acre of existing non-native grassland loss on the project site not being planted in native grassland pursuant to the approved final Habitat Management Plan required in Special Condition 10 of this permit. The off-site raptor foraging habitat mitigation plan shall include a monitoring and maintenance plan and shall be maintained as mitigation for the life of the project being approved by this coastal permit. No credit shall be given for any native grassland created or preserved on-site that is subject to any fuel modification. The off-site raptor foraging habitat mitigation plan shall be submitted to DFG for their review and approval prior to submittal to the. Executive Director. The off-site raptor foraging NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124/058/8/05 (revised) Permit Application No.: 5-05-020 Page 31 of 3838 habitat mitigation area must be owned in fee by the permittee or the permittee must own an easement over the off-site mitigation area for habitat conservation.purposes. B. The permittee shall undertake development in accordance with'the final tract map and development plans, as approved by the Executive Director. Any proposed changes to the approved final tract map or plans shall be reported to the Executive Director. No changes to the approved final plans or tract map shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 18. CONFORMANCE OF DESIGN AND CONSTRUCTION PLANS TO GEOTECHNICAL REPORT A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, quantitative slope stability analyses for the revised grading plan submitted with the current Brightwater development plan. Slope stability analyses, using shear strength parameters supported by direct shear tests undertaken on relatively undisturbed samples collected at the project site, shall be provided for all natural and artificial cut and fill slopes steeper than 2:1 (horizontal to vertical). Recommendations to ensure surficial stability shall also be included. B. All final design and construction plans, including foundations, grading and drainage plans, shall be consistent with all recommendations contained in AMEC Earth and Environmental, Inc. 2001, "Addendum geotechnical review, revised tract map, . vesting tentative tract no. 15460, Brightwater Development Project, Upper Bolsa Chica Mesa, Orange County, California", 29 p. geotechnical report dated 26 September 2001 and signed by D. Dahncke (GE 2279) and S. T. Kerwin (CEG 1267); AMEC Earth and Environmental, Inc. 1997, "Geotechnical evaluation report, Phase I rough grading plans, Vesting tentative tract 15460, Bolsa Chica Mesa, South of Warner/Los Patos Avenues, Orange County, California", 60 p. geotechnical report submitted to the Koll Real Estate Group dated 1 December 1997 and signed by D. Dahncke (GE 2279) and S. T. Kerwin (CEG 1267); and Woodward-Clyde Consultants, 1987, "Evaluation of hazards due to fault surface rupture at Bolsa Chica Mesa and in the Bolsa Chica lowland, Orange County, California", report for Signal Landmark, Inc. and Orange County Environmental Management Agency dated October 1987 and signed by Woodward-Clyde Consultants, as modified as required by additional slope stability analyses for the revised project as required in paragraph A above. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the Executive Director's review and approval, evidence that an appropriate licensed professional has reviewed and approved all final design and construction plans and certified that each of those final plans is consistent with all of the recommendations specified in the above- NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 558/8/05 (revised) Permit Application No.: 5-05-020 Page 32 of 38U referenced geologic evaluations approved by the California Coastal Commission for the project site. C. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved.final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required.' ' 19. ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY By acceptance of this permit, the permittee acknowledges and agrees (i) that the site may be subject to hazards from bluff retreat, erosion, and earth movement; (ii) to assume the risks to the permittee and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or.damage due to such hazards. 20. STRUCTURAL APPEARANCE - EXTERIOR BUILDING TREATMENT All structures, walls and building exteriors that would be visible from the proposed on site public trail within the native grassland and coastal sage scrub creation and preservation area, the trails within the Bolsa Chica Wetlands, or the trails or interpretive display area within the Bolsa Chica Ecological Reserve shall be finished in earth tones including muted shades of brown, gray and green, with no white, light or bright colors, except as minor accent features. A color palette board shall be submitted for the review and approval of the Executive Director pursuant to this special condition. The color shall be maintained throughout the life of the structure(s). 21. RESIDENTIAL AREA HEIGHT RESTRICTIONS AND HABITAT BUFFER SETBACKS A. The heights of residential structures shall not exceed 35 feet above finished grade as shown on the final approved grading plan. Further, the heights of the residential structures that abut the Eucalyptus Grove ESHA buffer and the burrowing owl buffer shall not exceed the heights as proposed on the "Development Area (DA) 8 Site Plans", prepared by FORMA, dated May 2002, submitted November 6, 2002 in the Brightwater Development coastal development submittal package. , NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5/241058/8/05 (revised) Permit Application No.: 5-05-020 Page 33 of 3838 B. Structures (enclosed) and appurtenant buildings on residential lots shall be setback a minimum of 20 feet from the rear yard property line and shall be consistent with the above height limits. Rear yard walls on the residential lots abutting the Eucalyptus Grove and burrowing owl ESHA buffers shall not exceed a total height of six feet six inches above finished grade shown on the approved final grading plan. The lower two feet of the rear yard wall shall be of concrete material and the upper four feet six inches shall be of plexiglass material. Future development shall conform to these heights and setbacks unless such heights are changed by an amendment to this permit, unless the Executive Director determines that no amendment to this permit is required. 22. FUTURE DEVELOPMENT RESTRICTION This permit is only for the development described in Coastal Development Permit No. 5- 05-020. Pursuant to Title 14, California Code of Regulations, sections 13250(b)(6) and 13253(b)(6), the exemptions otherwise provided in Public Resources Code, section 30610(a) and 30610(b)shall not apply. Accordingly, any future improvements to the single family houses and other structures described in this permit, including, but not limited to, repair and maintenance identified as requiring a permit in Public Resources Code, section 30610(d) and Title 14, California Code of Regulations, sections 13252(a)- (b), shall require an amendment to Permit No. 5-05-020 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government, unless the Executive Director of the Commission determines that no amendment or new permit is required. 23. PROTECTECTION OF POTENTIAL ARCHAEOLOGICAL RESOURCES DURING GRADING A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of the Executive Director an archeological monitoring and mitigation plan, prepared by a qualified professional, that shall incorporate the following measures and procedures: 1. Archaeological monitor(s) qualified by the California Office of Historic Preservation (OHP) standards, Native American monitor(s) with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission (NAHC), and the Native American most likely descendent (MLD) when State Law mandates identification of a MLD, shall monitor all project grading; 2. The permittee shall provide sufficient archeological and Native American monitors to assure that all project grading that has any potential to uncover or otherwise disturb cultural deposits is monitored at all times; 3. If any cultural deposits are discovered during project construction, including but not limited to skeletal remains and grave-related artifacts, traditional cultural sites, religious or spiritual sites, or other artifacts, the permittee shall cant' out significance testing of said deposits and, if cultural . NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5/241058/8/05 (revised) Permit Application No.: 5-05-020 Page 34 of 3834 deposits are found by the Executive Director to be significant pursuant to subsection C of this condition and any other relevant provisions, additional investigation and mitigation in accordance with all subsections of this special condition; 4. If any cultural deposits are discovered, including but not limited to skeletal remains and grave-related artifacts, traditional cultural sites, religious or spiritual sites, or other,artifacts, all construction shall cease in accordance with subsection B. of this special condition; , 5. In addition to recovery and reburial, in-situ preservation and avoidance of cultural deposits shall be considered as mitigation options, to be determined in accordance with the process outlined in this condition; 6. If human remains are encountered, the permittee shall comply with applicable State and Federal laws. The permittee shall extend the existing reburial agreement with the Juaneno Band of Mission Indians regarding the treatment and disposition of prehistoric Native American human remains discovered on the project site; if any additional remains are discovered. Procedures outlined in the monitoring and mitigation plan shall not prejudice the ability to comply with applicable State and Federal laws, including but not limited to, negotiations between the landowner and the MLD regarding the manner of treatment of human remains including, but not limited to, scientific or cultural study of the remains (preferably non- destructive); selection of in-situ preservation of remains, or recovery, repatriation and reburial of remains; the time frame within which reburial or ceremonies must be conducted; or selection of attendees to reburial events or ceremonies. The range of investigation and mitigation measures considered shall not be constrained by the approved development plan. Where appropriate and consistent with State and Federal laws, the treatment of remains shall be decided as a component of the process outlined in the other subsections of this condition. 7. Prior to the commencement and/or re-commencement of any monitoring, the permittee shall notify each archeological and Native American monitor of the requirements and procedures established by this special condition. Furthermore, prior to the commencement and/or re-commencement of any monitoring, the permittee shall provide a copy of this special condition, the archeological monitoring and mitigation plan approved by the Executive Director, and any other plans required pursuant to this condition and which have been approved by the Executive Director, to each monitor. B. If an area of cultural deposits, including but not limited to skeletal remains and grave-related artifacts, traditional cultural sites, religious or spiritual sites, or other artifacts, is discovered during the course of the project, all construction activities in the area of the discovery that have any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and all construction that may foreclose mitigation options or the ability to implement the requirements of this condition shall cease and shall not recommence except as provided in subsec tion D and other subsections of this NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5/241058/8/05 (revised) Permit Application No.: 5-05-020 Page 35 of 3838 special condition. In general, the area where construction activities must cease shall be 1 no less than a 50-foot wide buffer around the cultural 2 and deposit; no more than P ) the residential enclave area within which the discovery is made. C. An applicant seeking to recommence construction following'discovery of the cultural deposits shall submit a Significance Testing Plan for the review and approval of the Executive Director. The Significance Testing Plan shall identify the testing measures that will be undertaken to determine whether the cultural deposits are significant. The Significance Testing Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), and the Most Likely Descendent (MLD) when State Law mandates identification of a MLD. The Executive Director shall make a determination regarding the adequacy of the Significance Testing Plan within 10 working days of receipt. if the Executive Director does not make such a determination within the prescribed time, the plan shall be deemed approved and implementation may proceed. Once a plan is deemed adequate, the Executive Director will make a determination regarding the significance of the cultural deposits discovered. (1) If the Executive Director approves the Significance Testing Plan and determines that the Significance Testing Plan's recommended testing measures are de minimis in nature and scope, the significance testing may commence after the Executive Director informs the permittee of that determination. (2) If the Executive Director approves the Significance Testing Plan but determines that the changes therein are not de minimis, significance testing may not commence until after the Commission approves an amendment to this permit. (3) Once the measures identified in the significance testing plan are undertaken, the permittee shall submit the results of the testing to the Executive Director for review and approval. The results shall be accompanied by the project archeologist's recommendation as to whether the findings should be considered significant. The project archeologist's recommendation shall be made in consultation with the Native American monitors and the MLD when State Law mandates identification of a MLD. If there is disagreement between the project archeologist and the Native American monitors and/or the MLD, both perspectives shall be presented to the Executive Director. The Executive Director shall make the determination as to whether the deposits are significant based on the information available to the Executive Director. If the deposits are found to be significant, the permittee shall prepare and submit to the Executive Director a supplementary Archeological Plan in accordance with subsection E of this condition and all other relevant subsections. If the deposits are found to be not significant, then the permittee may recommence grading in accordance with any measures outlined in the significance testing program. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 5124/058/8/05 (revised) Permit Application No.: 5-05-020 Page 36 of 3839 D. An applicant seeking to recommence construction following a determination by the Executive Director that the cultural deposits discovered are significant shall submit a supplementary Archaeological Plan for the review and approval of the Executive Director. The supplementary Archeological Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), the Most Likely Descendent (MLD) when State Law mandates identification of a MLD, as well as others identified in subsection E of this condition. The supplementary Archeological Plan shall identify proposed investigation and mitigation measures. If there is disagreement between the project archeologist and the Native American monitors and/or the MLD, both perspectives shall be presented to the Executive Director. The range of investigation and mitigation measures considered shall not be constrained by the approved development plan. Mitigation measures considered shall range from in-situ preservation to recovery and/or relocation. A good faith effort shall be made to avoid impacts to cultural resources through methods such as, but not limited to, project redesign, capping, and creating an open space area around the cultural resource areas. In order to protect cultural resources, any further development may only.be undertaken consistent with the provisions of the final, approved, Supplementary Archaeological Plan. (1) If the Executive Director approves the Supplementary Archaeological Plan and determines that the Supplementary Archaeological Plan's recommended changes to the proposed development or mitigation measures are de minimis in nature and scope, construction may recommence after the Executive Director informs the permittee of that determination. (2) If the Executive Director approves the Supplementary Archaeological Plan but determines that the changes therein are not de minimis, construction may not recommence until after the Commission approves an amendment to this permit. E. Prior to submittal to the Executive Director, all plans required to be submitted pursuant to this special condition, shall have received review and written comment by a peer review committee convened in accordance with current professional practice that shall include qualified archeologists and representatives of Native American groups with documented ancestral ties to the area. Names and qualifications of selected peer reviewers shall be submitted for review and approval by the Executive Director. The plans submitted to the Executive Director shall incorporate the recommendations of the peer review committee. Furthermore, upon completion of the peer review process, and prior to submittal to the Executive Director, all plans shall be submitted to the California Office of Historic Preservation (OHP) and the NAHC for their review and an opportunity to comment. The plans submitted to the Executive Director shall incorporate the recommendations of the OHP and NAHC. If the OHP and/or NAHC do not respond within 30 days of their receipt of the plan, the requirement under this permit for those entities' review and comment shall expire, unless the Executive Director extends said NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 58/8/05 (revised) Permit Application No.: 5-05-020 Page 37 of 3839 deadline for good cause. All plans shall be submitted for the review and approval of the Executive Director. F. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 24. CURATION OF ARTIFACTS AND DISSEMINATION OF CULTURAL INFORMATION PROIR TO ISSUANCE OF THIS PERMIT the applicant shall submit for the review and approval of the Executive Director, evidence of a written agreement with a curation facility that has agreed to accept any artifacts recovered from the project site. Any such artifacts shall be curated within Orange County, at a facility meeting the established standards for the curation of archaeological resources. Further, the applicant shall request in the agreement that the facility receiving the collection prepare an appropriate display of significant materials so that the public can view the investigation results and benefit from the knowledge gained by the investigations. If permanent curation facilities are not available, artifacts may be temporarily stored at a facility such as the Anthropology Department of the California State University at . Fullerton until space becomes available at a facility meeting the above standards. The applicant shall submit written proof of acceptance from the above curation or temporary facility of 100 percent of the recovered artifacts, except for those that have been reburied pursuant to State Law, prior to issuance of the permit. In carrying out the provisions of this special condition regarding the curation of the artifacts that have been recovered from the project site and any future artifacts to be recovered through the development of the approved project, it is the intentions of the Commission to make this special condition consistent with the County's special condition regarding curation of recovered artifacts. PRIOR TO ISSUANCE OF THIS PERMIT the applicant shall submit, for the review and approval of the Executive Director, a written agreement to distribute the series of ORA- 83 Research and Salvage Program Final Reports to interested area institutions, vocational groups and Native American tribal units within Southern California, as well as to appropriate City, County and State agencies, as proposed in the "Archaeological Research Design ORA-83: "The Cogged Stone Site" Final Research and Salvage Program", by Scientific Resource Surveys, Inc., dated November 11, 1983 and conditioned in coastal development permit 5 89-772, as amended. 25. OTHER AGENCY APPROVALS -a NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date 51241058/8/05 (revised) Permit Application No.: 5-05-020 Page 38 of 3839 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall provide to the Executive Director a copy of a permit, or letter of permission, or evidence that no permit or permission is required for the project subject to this coastal development permit, issued by the following entities: County of Orange; City of Huntington Beach, California Department of Fish and,Game; U.S. Fish and Wildlife Service; Regional Water Quality Control Board; Orange County Fire Authority; Orange County Sanitation District and the State Lands Commission. The applicant shall inform the Executive Director of any changes to the project required by the cited entities. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is legally required. 26. COMPLIANCE All development shall occur in strict compliance with the proposal as set forth in the application for permit, subject to any changes approved in this permit and subject to any approved revised plans provided in compliance with the Commission's special conditions and any other special conditions noted above. Any proposed change from the approved plans must be reviewed and approved by the Executive Director to determine if an amendment or new permit is necessary. 27. INSPECTIONS The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 5-05-020(Brightwater).N01 ATTACHMENT #2 ATTACHMENT B OCPC RES. NO. 05-08 CONDITIONS OF APPROVAL PA 05-0053 Basic 1. CP CP NA BASIC/ZONING REG This approval constitutes approval of the proposed project only to the extent that the project complies with the Orange County Zoning Code and any other applicable zoning regulations. Approval does not include any action or finding as to compliance of approval of the project regarding any other applicable ordinance,regulation or requirement. 2. CP CP NA BASIC/TIME LIMIT This approval is valid for a period of 36 months from the date of final determination. If the use approved by this action is not established within such period of time; this approval shall be terminated and shall thereafter be null and void. 3. CP CP NA BASIC/PRECISE PLAN Except as otherwise provided herein, this permit is approved as a precise plan. If the applicant proposes changes regarding the location or alteration of any use or structure,the applicant shall submit a changed plan to the Director,PDS, for approval. If the Director, PDS,determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plot plan,he may approve the changed plan without requiring a new public hearing. 4. CP CP NA BASIC/COMPLIANCE Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Orange County Planning Commission. 5. CP CP NA BASIC/APPEAL EXACTIONS Pursuant to Government Code Section 66020, the applicant is hereby informed that the 90- day approval period in which the applicant may protest the fees, dedications, reservations or other exactions imposed on this project through the conditions of approval has begun. 6. CP CP NA BASIC/OBLIGATIONS Applicant shall defend at his/her sole expense any action brought against the County because of issuance of this permit. Applicant shall reimburse the County for any court - 1 - ATTACHMENT B OCPC RES. NO. 05-08 costs and attorneys fees that the County may be required to pay as a result of such action. The County may, at its sole discretion,participate in the defense of any action,but such participation shall not relieve applicant of his/her obligations under this condition. 7. CP CP RIG COASTAL DEVELOPMENT PERMIT REQUIRED Prior to the issuance of any grading permit, or recordation of a final map that creates residential lots, whichever comes first,the applicant shall provide evidence to the Director, Planning and Development Services that a Coastal Development Permit for the Brightwater project has been obtained from the California Coastal Commission. 8. CP CP NA MITIGATION MONITORING PROGRAM In addition to the Conditions of Approval contained in this resolution, the applicant is also responsible for adherence to the Mitigation Measures,Project Design Features and Standard Conditions contained in the Mitigation Monitoring and Reporting Program of Subsequent Environmental Impact Report 551. SPECIAL CONDITIONS Annual Monitoring Report 9. An Annual Monitoring Report(AMR) shall be prepared and submitted by the landowner/master developer each calendar year to the County Executive Office and the Orange County Planning and Development Services Department. Submittal of an AMR is required for conformance with the Growth Management Program of the Land Use Element of the Orange County General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors, in the annual adoption of the Development Monitoring Program, may identify a significant imbalance between development projections and planned infrastructure. The Board of Supervisors may then defer subdivision approval within the planned community until measures capable of resolving the imbalances are proposed to, and approved by, the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies, which will ensure adequate infrastructure for the community. 10. Prior to submission of a petition or a resolution of application for annexation of the subject property to a city, or prior to consent by the landowner to annexation by a city, the landowner shall obtain the approval from Director, PDS of a revised Fiscal Impact Report to assess the cost-revenue impact of such annexation on the County and the special districts serving the property to be annexed with adequate provision made to mitigate any negative impact to the General Fund that has occurred during buildout of the project. - 2 - ATTACHMENT B OCPC RES. NO. 05-08 11. Prior to the recordation of any final tract map (except for financing purposes), CCRs or other methods, including the establishment of a property owners association or other entity which will guarantee the provision at no cost to the County of any extended services and any private services required, shall be submitted to and approved by the Director,PDS and County Counsel, and shall then be recorded prior to the issuance of any certificates of use and occupancy. Buyer Notification Map 12. Prior to the issuance of any building permits for residential construction, the developer shall prepare a map denoting the existing and proposed land uses, arterial highways, and public facilities within the surrounding area for the approval of the Manager, Current Planning Services. The map content, display, and distribution shall be in accordance with the Buyer Notification Program guidelines listed in Board of Supervisors Resolutions 01- 329 and 82-1368 and available at the Development Processing Center. Grading/Geology/Soils 13. Prior to the issuance of any grading permit, the developer shall submit a soils engineering and geologic study to the Manager, Subdivision and Grading Services, for approval. The report shall include the information and be in a form as required by the Orange County Grading Manual. At the discretion of the Manager, Subdivision and Grading Services the report may require review by the Grading Technical Advisory Board (appointed by the Board of Supervisors). This report shall include assessment of potential soil-related constraints and hazards such as slope instability, settlement, seismic shaking, liquefaction, landslides, compressible materials, rippability related secondary seismic impacts or any other areas of inquiry determined to be appropriate by the Manager, Subdivision and Grading Services. The report also shall include evaluation of potentially expansive soil, recommended construction procedures, and shall evaluate design criteria for sewage and utility lines proximate to or crossing over identified fault lines. The report shall demonstrate compliance with the applicable provisions of the Alquist-Priolo Act and shall denote precise boundaries for Alquist-Priolo Special Studies Zone for the exclusion of habitable structures. 14. SG SG G GRADING DEVIATION Prior to the issuance of any grading permits, if the applicant submits a grading plan which the Manager, Subdivision and Grading, determines to show a significant deviation from the grading shown on the approved tentative map and site plans, specifically with regard to slope heights, slope ratios,pad elevations or pad configuration,the Subdivision Committee shall review the plan for a finding of substantial conformance. If the Subdivision Committee fails to make such a finding, the applicant shall process a revised tentative map; - 3 - r ATTACHMENT B OCPC RES. NO. 05-08 or, if a final map has been recorded,the applicant shall process a new tentative map or a site development permit application per Orange County Zoning Code Sections 7-9-139 and 7-9-150,Additionally, the applicant shall process a new environmental assessment for determination by the decision-making entity. 15. CP CP G GRADING CONSISTENCY Prior to the issuance of any grading permit or revisions thereto, the Manager, Current Planning, shall determine that the proposed grading is consistent with the grading depicted within this approved planning application. 16. Prior to the issuance of building permits or the recordation of an associated final tract map, whichever comes first,project applicant shall be required to pay development fees for any facilities for which an applicable fee program has been adopted by the Board of Supervisors as provided in Sections 7-9-700 through 7-9-713 and 7-9-3 16 of the Codified Ordinances of the County of Orange. This condition may be satisfied by entering into an implementation agreement with the County in a manner meeting the approval of the County Executive Officer. Hazardous Material 17. Prior to the issuance of any grading permit, an applicable Sampling and Analysis Plan (SAP) shall be provided by the applicant subject to the approval of the Manager, Environmental Resources for evaluation of potential contamination at the site. The Sampling and Analysis Plan shall: A. Identify all those physical, chemical and/or electronic means of searching for contamination; B. Identify all those physical and chemical means of testing individual soil samples for hazardous waste or materials present in the soil arising from past land uses; C. Identify the methodology by which soil samples representative of an area of potential contamination were selected; D. Provide that all soil contaminated by past oil field operations or by waste dumping that meet hazardous materials criteria shall be stored,manifested, transported and disposed of or treated in accordance with the California Code of Regulations Title 22 and in a manner satisfactory to the Manager, HCA/Hazardous Materials Program. Storage,transportation and disposal records shall be kept on-site and shall be open for inspection to any government agency upon request; and - 4 - ATTACHMENT B OCPC RES. NO. 05-08 E. A Remedial Action Plan will be prepared if contamination is found above regulatory thresholds during implementation of the SAP. 18. All on-site generated waste that meets hazardous waste criteria shall be stored, manifested, transported and disposed of in accordance with California Code of Regulations Title 22 and in a manner to the satisfaction of the Manager,HCA/Hazardous Materials Program Division. Storage,transportation and disposal records shall be kept on site and open for inspection to any government agency upon request. 19. Prior to issuance of any grading permit, a Grading Mitigation Plan will be provided by the applicant to the Manager of PDS, Subdivision and Grading Services, County of Orange. The Grading Mitigation Plan will include the locations of all on-site abandoned oil wells and pipelines. The Grading Mitigation Plan will include a plan for remediation if contaminated soil is encountered during the grading or site development activities. The Grading Mitigation Plan will also provide details of the steps to be taken if unexpected conditions are encountered during grading or site development, such as additional pipelines or abandoned wells. 20. Prior to the issuance of a building permit for residential units adjacent to an abandoned oil well site, the applicant shall provide evidence to the Manager, Subdivision and Grading Services that all proposed residential units are set back at least ten(10) feet from abandoned oil wells and twenty(20) feet from any underground pressurized gas line, as required by the Orange County Fire Authority, and that said abandoned wells comply with State Division of Oil, Gas and Geothermal Resources (DOGGR) and Orange County Fire Authority(OCFA) standards for well abandonment. 21. SG SG/ER R HAZARDOUS MATERIAL Prior to the recordation of a subdivision map, the subdivider shall submit, a"Hazardous Materials Assessment"and a"Disclosure Statement"covering the property(both fee and easement)which will be offered for dedication or dedicated to the County of Orange or the Orange County Flood Control District, for review and approval by the Manager, Subdivision and Grading, in consultation with the Manager,RDMD/Bnvironmental Resources. 22. F F G COMBUSTIBLE GAS MITIGATION Service Code: 1.39 (Hazardous Materials Review) Prior to the issuance of any grading permit, the applicant shall submit and obtain the approval of the Fire Chief for a combustible gas/methane assessment and mitigation plan. Please contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the "Guideline for Combustible Soil Gas Hazard Mitigation." - 5 - r ATTACHMENT B OCPC RES. NO. 05-08 Surface and Groundwater Hydrology 23. Prior to issuance of any well permit from Orange County Water District(OCWD), or Orange County Health Care Agency(OCHCA), if necessary,the project applicant shall prepare a work plan for well installation and operations which includes well construction details and pumping schedules in a manner meeting the approval of the State Regional Water Quality Control Board(RWQCB),the OCWD and OCHCA. 24. Prior to the recordation of a final tract/parcel map or prior to the issuance of any grading permits, whichever comes first, the following drainage studies shall be submitted to and approved by the Manager, Subdivision and Grading Services: A. A drainage study of the subdivision, including diversions, off-site areas that drain onto and/or throughthe subdivision and justification o� f any diversions; B. When applicable, a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and C. Detailed drainage studies indicating how the tract map grading, in conjunction with the drainage conveyance systems, including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. 25. Prior to the issuance of any grading permit,the applicant shall submit for approval by Manager, Subdivision and Grading Services an erosion control plan which shall include, but not be limited to: A. The name and 24-hour telephone number of the person responsible for performing emergency erosion control work; B. The signature of the civil engineer or other qualified individual who prepared the grading plan and who is responsible for inspection and monitoring of the erosion control work; C. All desilting and erosion protection facilities necessary to protect adjacent property from sediment deposition; D. The streets and drainage devices that will be completed and paved by October 15 of each year; - 6 - ATTACHMENT B OCPC RES. NO. 05-08 E. The placement of sand bags or gravel bags, slope planting or other measures to control erosion from all slopes above and adjacent to roads open to the public. Use of gravel bags is encouraged over sandbags; and F. The plan shall indicate how access will be provided to maintain desilting facilities during wet weather. 26. SG SG RG CROSS LOT DRAINAGE Prior to the recordation of a subdivision map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Manager, Subdivision and Grading, the applicant shall record a letter of consent from the affected property owners permitting off-site grading, cross lot drainage, drainage diversions and/or unnatural concentrations. The applicant shall obtain approval of the form of the letter of consent from the Manager, Subdivision and Grading Services before recordation of the letter. Water Quality 27. BI BI GB STORMWATER POLLUTION PREVENTION PLAN (WQ 04) Prior to the issuance of any grading or building permits, the applicant shall demonstrate compliance under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent(NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification(WDID)Number or other proof of filing in a manner meeting the satisfaction of the Manager,Building Permit Services. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for County review on request. 28. BI BI RGB WATER QUALITY MANAGEMENT PLAN (WQ 01) Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the Manager, Inspection Services Division, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine structural and non-structural measures specified in the current Drainage Area Management Plan(DAMP). The WQMP must also: - 7 - ATTACHMENT B OCPC RES. NO. 05-08 A. Address Site Design BMPs(as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or"zero discharge"areas, and conserving natural areas; B. Incorporate applicable Routine Source Control BMPs as defined in the DAMP; and C. Include an Operation and Maintenance(O&M)Plan that identifies the mechanism(s) by which long-term O&M of all structural BMPs will be provided. 29. BI BI RGB WQMP FOR PRIORITY PROJECTS (WQ 02) Prior to the issuance of any grading or building permits, the applicant shall include in the WQMP the following additional Priority Project information in a manner meeting the approval of the Manager, Inspection Services Division: A. Include post-construction Treatment Control BMP(s) as defined in the DAMP; B. For applicants relying on Regional Treatment Controls, discuss applicable regional water quality and/or watershed program; and C. Include a Operation and Maintenance(O&M)Plan that(1)describes the long-term operation and maintenance requirements for post-construction Treatment Control BMP(s); (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced Treatment Control BMP(s); and(3) describes the mechanism for funding the long-term operation and maintenance of the referenced Treatment Control BMP(s). 30. BI BI GB EROSION AND SEDIMENT CONTROL PLAN (WQ 05) Prior to the issuance of any grading or building permit, the applicant shall submit a Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the Manager, Building Permit Services,to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials,wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind,rain, tracking,tidal erosion or dispersion. The ESCP shall also describe how the applicant will ensure that all BMP's will be maintained during construction of any future public right-of-ways. A copy of the current ESCP shall be kept at the project site and be available for County review on request. - 8 - ATTACHMENT B OCPC RES. NO. 05-08 31. SG SG/PD GR RUNOFF MANAGEMENT & WATER QUALITY PLAN Prior to the recordation of the first final map (either for conveyance or development), or prior to the issuance of any rough or precise grading permit(except for any publicly financed infrastructure), whichever occurs first, the land owner/applicant shall prepare, and receive approval from the Manager, Subdivision and Grading Services Division, in consultation with the Environmental Resources and Flood Program Sections of the RDMD Program Development Division(PDD)of, a Runoff Management Plan (RMP), including a Water Quality Management Plan(WQMP), covering the subject property. The RMP shall include the locations of all permanent large-scale Best Management Practices(BMPs), including filtration devices, such as constructed wetlands, water quality basins, detention basins, debris basins, grass/bioswales, energy dissipaters, catch basin inserts, and other BMPs. 32. BI BI U SG SG/PD GR MASTER INFRASTRUCTURE IMPROVEMENTS Prior to the recordation of the first final map (either for conveyance or development), or prior to the issuance of any rough or precise grading permit, whichever occurs first, the land owner shall design and construct all applicable master infrastructure improvements identified in the approved RMP, including debris basins, bioswales, energy dissipaters, drainage pipes, and other improvements, and shall provide all necessary dedications, all in a manner meeting the approval of the Manager, Subdivision& Grading Services Division. 33. BI BI U COMPLIANCE WITH THE WQMP (WQ 03) Prior to the issuance of a certificate of use and occupancy, the applicant shall demonstrate compliance with the WQMP in a manner meeting the satisfaction of the Manager, Inspection Services Division, including: A. Demonstrate that all structural Best Management Practices (BMPs) described in the project's WQMP have been implemented, constructed and installed in conformance with approved plans and specifications; B. Demonstrate that the applicant has complied with all non-structural BMPs described in the project's WQMP; C. Submit for review and approval an Operations and Maintenance (O&M)Plan for all structural BMPs for attachment to the WQMP; D. Demonstrate that copies of the project's approved WQMP (with attached O&M Plan) are available for each of the incoming occupants; - 9 - ATTACHMENT B OCPC RES. NO. 05-08 E. Agree to pay for a Special Investigation from the County of Orange for a date (12) twelve months after the issuance of a Certificate of Use and Occupancy for the project to verify compliance with the approved WQMP and O&M Plan; and F. Demonstrate that the applicant has agreed to and recorded one of the following: 1) the CC&R's (that must include the approved WQMP and O&M Plan) for the project Home Owner's Association; 2)a water quality implementation agreement that has the approved WQMP and O&M Plan attached; or 3)the final approved Water Quality Management Plan(WQMP) and Operations and Maintenance (O&M)Plan. Biological Resources 34. Prior to the issuance of any grading permit, the project applicant shall ensure to the satisfaction of the Manager, Subdivision and Grading in consultation with the Manager, Environmental Services Division that a biologist is retained to monitor construction grading activity. The biologist shall, at a minimum, oversee the following: A. Monitor grading activities, conduct pre-construction meetings with contractors, provide on-site assistance to construction personnel and stake out perimeters of existing habitats to be preserved; B. Within 30 days of the beginning of grading activity, conduct a survey and, if warranted, develop a mitigation program in accordance with the California Burrowing Owl Consortium. If the survey results indicate that an active burrow is present,the owls shall be passively relocated according to the consortium guidelines. Occupied burrows shall not be disturbed during the nesting season, from February l through August 31, unless CDFG verifies that the birds have not begun egg laying and incubation or that the juveniles from those burrows are foraging independently and capable of independent survival at an earlier date. Alternative burrows shall be enhanced or created in permanently preserved open space, at a ratio of 1:1. A report indicating completion of the surveys and any necessary mitigation in compliance with Coastal Commission CDP#5-05-020 Special Condition 5 Burrowing Owl Survey and Mitigation Plan shall be provided to the Manager, Environmental Planning Services Division(EPSD), for approval; and C. Within 30 days of the beginning of grading activity, develop a Southern Tarplant Preservation Program in compliance with Coastal Commission CDP #5-05-020 Special Condition 10'Final Habitat Management Plan for review and approval by the Manager, EPSD. - 10- ATTACHMENT B OCPC RES. NO. 05-08 35. Prior to the issuance of any residential building permit, the applicant shall provide a management plan to specify how public visitation of the natural areas will be controlled or managed to the approval of Manager,HBP Program Management and Coordination. The plan shall include, at minimum: A. Methods for public education on sensitive habitats and plants, and B. Any existing access restriction on the existing Ecological Reserve trails may remain in effect. New trails shall not limit access opportunities. 36. A management plan shall be developed by the permit applicant and submitted to the Manager of PDS,Environmental Planning Services Division,which specifies how natural areas will be protected from residential landscaping. The plan shall be approved by the County Environmental Planning Services Division prior to issuance of building permits and shall include, at a minimum: A. Methods for public education, including information regarding invasive exotics that homeowners may not plant in their yards; B. A landscape plan for common areas that avoids the use of invasive exotic species; C. A list of invasive exotic species that will not be permitted in residential landscaping (Lists A and B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October, 1999'); D. A list of palms with persistent leaf bases that will not be permitted in residential landscaping; and E. An erosion control and storm runoff plan that shall be prepared prior to construction; if straw bales are used for erosion control,rice straw or equivalent weed free straw shall be used to prevent additional introduction of exotic species into native habitat. Transportation and Circulation 37. SG SG G SIGHT DISTANCE Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Standard Plan 1117 at all street intersections, in a manner meeting the approval of the Manager, Subdivision and Grading. The applicant shall make all necessary revisions to the plan to meet the sight distance requirement such as removing slopes or other encroachments from the limited use area in a manner meeting the approval of the Manager, Subdivision and Grading Services. - 11 - ATTACHMENT B OCPC RES. NO. 05-08 38. Prior to the issuance of any grading permit, the project applicant shall submit a Construction Traffic Control Plan prepared by a registered engineer to the Manager, Subdivision and Grading, for approval. Said plan shall require that all traffic control work for construction shall conform to the latest editions of the California Department of Transportation Manual of Traffic Controls, Standard Plans, Standard Specifications, and Special Provisions. 39. Prior to issuance of the first residential building permit, the applicant shall receive approval from the Director of PDS, of the project's participation in the project's Area Traffic Improvement Program (ATIIP). The applicant shall pay the project's fair share of the transportation improvements identified in SEW 551 (PDF 6-2, ATIP Fair Share Components)based on a cost estimate for such improvements approved by the Chief, Transportation Planning/PDS. Said fair share fees shall be paid on a per unit basis prior to or concurrent with the issuance of each residential building permit. 40. Prior to the issuance of any building permit, the applicant shall pay its pro-rate fair share of preparing a Deficiency Plan for Pacific Coast Highway in compliance with the requirements of the Congestion Management Program(CMP) to the satisfaction of the Manager Current Planning in consultation with the Manager, Community and Advance Planning and Chief, Transportation Planning. Air Quality 41. All required actions necessary to comply with SCAQMD Rule 402, which requires that there be no off-site dust impacts sufficient to cause a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction, shall be implemented as a part of the proposed project. Prior to the approval of a grading permit, the applicant shall demonstrate to the Manager, Subdivision and Grading,that such compliance will be achieved and that all such actions shall be listed on each grading plan under the General Notes Section. Additional dust suppression measures are included in the SCAQMD's CEQA Air Quality Handbook, are also included for implementation. Applicable Rule 403 measures: A. Apply nontoxic chemical soil stabilizers to manufacturers' specifications, to all inactive construction areas(previously graded areas inactive for ten days or more); B. Water active sites at least two times daily. (Locations where grading is to occur will be thoroughly watered prior to earth moving.); C. All trucks hauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least two feet of freeboard in accordance with the requirements - 12 - ATTACHMENT B OCPC RES. NO. 05-08 of California Vehicle Code(CVC) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer); D. Pave construction access roads at least 100 feet onto the site from main road; and E. Traffic speeds on all unpaved roads shall be reduced to 15 mph or less. Additional SCAQMD CEQA Air Quality Handbook Dust Measures: F. Revegetate disturbed areas as quickly as possible; G. All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph; H. All streets shall be swept once a day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); and I. Install wheel washers where vehicles enter and exit unpaved roads onto paved p roads, or wash trucks and any equipment leaving the site each trip. Implementation of these dust suppression techniques will reduce the fugitive dust generation(and thus the PMIo component)by 50 to 75 percent. Implementation of the following measures will reduce short-term fugitive dust impacts on nearby sensitive receptors. 42. Prior to issuance of grading permits, the project applicant shall include the following measures on construction plans, to be monitored and reported by the contractor to the County on a monthly basis, to the satisfaction of the Manager, Subdivision and Grading: A. Where feasible, the General Contractor shall time the construction activities so as not to interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways; B. The General Contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible; C. The General Contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use; and D. The Civil engineer shall include a statement on construction grading plans requiring that all construction equipment be tuned and maintained in accordance with the manufacturer's specifications. - 13 - ATTACHMENT B OCPC RES. NO. 05-08 43. Prior to issuance of grading permits, the permit applicant shall furnish documentation to the satisfaction of the Manager, Subdivision and Grading, that the following provisions are included on the grading plans: A. During clearing, grading, earthmoving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease; B. During construction,water trucks or sprinkler systems shall be used 4 times a day to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning,watering during soil placement, after work is completed for the day, and whenever the wind exceeds IS mph; C. After excavation is completed, the entire area of disturbed soil shall be treated immediately with soil bonding agents until the area is landscaped,paved,or otherwise developed so that dust generation will not occur; D. Soil stockpiled for more than two weeks shall be covered,kept moist, or treated with soil binders to prevent dust generation; E. Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin; F. Wash mud-covered tires and undercarriages of trucks leaving construction sites; G. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the project site; and H. If dust is visibly generated that travels beyond the site boundaries, clearing, grading, earth moving, or excavation activities that are generating dust shall cease during periods of high winds (i.e., greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 episodes. - 14 - ATTACHMENT B OCPC RES. NO. 05-08 44. A construction and construction related activity monitor satisfactory to the Manager, Subdivision and Grading, shall be retained by the permit applicant prior to issuance of grading permit. The monitor shall monitor all activity on a daily basis,keep written daily records, and file monthly activity reports with the Manager, Subdivision and Grading, for the duration of grading and infrastructure construction. The monitor shall be employed by the applicant or the applicant's contractor. The monitor shall report on the following strategies: A. Construction equipment exhaust shall be minimized by use of: (1) NOx control technologies, such as fuel injection timing retard for diesel engines and air to air after cooling; (2) Low sulfur fuel (where available); (3) Well maintained equipment and proper planning to minimize trips/use; and (4) Log fuel use, hours of operation, and periodic maintenance. B. Fugitive dust shall be controlled as specified in the preceding condition and SCAQMD rules and regulations. C. Restrict delivery of construction supplies and off-site hauling of debris to non-peak travel periods whenever feasible, except for concrete and earthwork related activities. 45. Prior to the issuance of building permits, the applicant shall demonstrate to the Manager of PDS, Building Permits, that pre-coated/natural colored building materials, water based or low VOC coating, and utilization of coating transfer or spray equipment with high transfer efficiency shall be employed to reduce emissions associated with architectural coatings that contain VOCs. Furthermore, the project shall comply with SCAQMD Rule 1113, Architectural Coating,which restricts the amount of VOC allowed in architectural coating to control VOC emission in the Basin. - 15 - ATTACHMENT B OCPC RES. NO. 05-08 Noise 46. BP BP RGB RESIDENTIAL NOISE The applicant shall sound attenuate all residential lots and dwellings against present and projected noise(which shall be the sum of all noise impacting the project) so that the composite interior standard of 45 dBA CNEL for habitable rooms and a source specific exterior standard of 65 dBA CNEL for outdoor living areas is not exceeded. The applicant shall provide a report prepared by a County-certified acoustical consultant, which demonstrates that these standards will be satisfied in a manner consistent with Zoning Code Section 7-9-137.5, as follows: A. Prior to the recordation of a subdivision map or prior to the issuance of grading permits, as determined by the Manager, Building Permits Services, the applicant shall submit an acoustical analysis report to the Manager,Building Permits Services, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy"B"below. B. Prior to the issuance of any building permits for residential construction, the applicant shall submit an acoustical analysis report describingthe acoustical design gn features of the structures required to satisfy the exterior and interior noise standards to the Manager, Building Permits Services, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. C. Prior to the issuance of any building permits, the applicant shall show all freestanding acoustical barriers on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the Manager, Building Permits Services. 47. BP BP G CONSTRUCTION NOISE A. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Manager, Building Permit s Services, that: (1) All construction vehicles or equipment, fixed or mobile, operated within 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. (2) All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). - 16 - ATTACHMENT B OCPC RES. NO. 05-08 (3) Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings. B. Notations in the above format appropriately numbered and included with other notations on the front sheet of the project's permitted grading plans, will be considered as adequate evidence of compliance with this condition. Light and Glare 48. Prior to issuance of an building permits within tracts abutting wetlands environmental Y gp g , sensitive habitats or the residential development setback area,the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct rays are confined to the property in a manner meeting the approval of the Manager,Building Permit Services. Cultural Resources 49. Prior to the issuance of any grading permit, the applicant shall complete, to the approval of Manager, Coastal, and Historical Parks the research design for recovered material analysis for the Brightwater site currently in preparation. The research design shall contain a discussion of important research topics for recovered material analysis that can be addressed employing data from the Brightwater site. The research design shall be reviewed by at least three qualified archaeologists, as required by California Coastal Commission (CCC) guidelines. 50. Prior to issuance of any grading permit, data recovery excavations shall be completed by the applicant meeting the approval of the Manager, Coastal and Historic al Parks for important or unique archaeological resources in areas proposed for urban development on the Brightwater site. 51. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Chief, Geotech/Grading Plan Check, that a County-certified archaeologist has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project developer,procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the project developer and to the Manager, Coastal and Historical Parks. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer, for exploration and/or salvage. Prior to the issuance of a precise grading permit, the archaeologist shall submit a follow-up report to the Manager, HBP Program Management and Coordination, which - 17 - ATTACHMENT B OCPC RES. NO. 05-08 shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. Excavated finds shall be offered to the County of Orange, or designee,on a first refusal basis. If Native American remains are discovered within the Brightwater site, the project applicant shall comply with the procedures set forth in Section 5097.98 of the California Public Resources Code and shall consult with the most likely descendants designated by the Native American Heritage Commission to obtain recommendations on the treatment and disposition with appropriate dignity of the human remains and associated grave good. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be donated to the County, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, HBP Program Management and Coordination. 52. Prior to the issuance of any grading permit, a County-certified archaeologist shall be retained by the applicant to complete literature and records searches for recorded sites and previous surveys. In addition, a field survey shall be conducted by a County-certified archaeologist unless the entire proposed project site has been documented as previously surveyed in a manner, which meets the approval of the Manager, Coastal and Historical Parks. A report of the literature and records search and the field survey shall be submitted to and approved by the Manager, HBP Program Management and Coordination. Mitigation Measures may be required, depending on the recommendations of this report. 53. Prior to the issuance of any grading permit, a County-certified archaeologist shall be retained by the applicant to perform a subsurface test level investigation and surface collection as appropriate. The test level report evaluating the site shall include discussion of significance (depth,nature, condition and extent of the resources), final mitigation recommendations and cost estimates. Excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. Applicant may retain said finds if written assurance is provided that the will be properly reserved in ran i Orange Count unless said p Y p P Yp ,g Y finds area of special significance, or a museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be donated to the County, or designee. Final mitigation shall be carried out based upon the report recommendations and a determination as to the site's disposition by the Manager, Coastal and Historical Parks. Possible determinations include,but are not limited to,preservation, salvage, partial salvage or no mitigation necessary. 54. Prior to issuance of any grading permit, the project applicant shall provide written evidence to the Chief, Geotech/Grading Plan Check, that a County-certified archaeologist has been retained to conduct salvage excavation of the archaeological resources in the permit area. Excavated finds shall be offered to the County of Orange,or designee, on a first refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a - 18 - ATTACHMENT B OCPC RES. NO. 05-08 museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be donated to the County, or designee. A final report of the salvage operation shall be submitted to and approved by the Manager, Coastal and Historical Parks, prior to any grading in the archaeological site areas. 55. Prior to the issuance of any building permit, the applicant shall, in a manner meeting the approval of the Manager,Coastal and Historical Parks extend the existing reburial agreement executed between the project applicant and the Juaneno Band of Mission Indians regarding the treatment and disposition of prehistoric Native American human remains discovered at ORA-83 if any additional remains are discovered on the Brightwater site. Paleontological Resources 56. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Chief, Geotech/Grading Plan Check,that a County-certified paleontologist has been retained by the applicant to complete literature and records searches for recorded sites and previous surveys. In addition, a field survey shall be conducted by a County- certified paleontologist unless the entire proposed project site has been documented as previously surveyed in a manner,which meets the approval of the Manager, Coastal and Historical Parks. A report of the literature and records searches and field survey shall be submitted to and approved by the Manager,HBP Program Management and Coordination. Future mitigation shall depend upon the recommendations in the report. 57. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Chief, Geotech/Grading Plan Check, that a County-certified paleontologist has been retained by the applicant to conduct pre-grading salvage and prepare a catalogue of the exposed resources. Excavated finds shall be offered to the County of Orange, or designee,on a first refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be donated to the County, or designee. The paleontologist shall submit a follow-up report for approval by the Manager, Coastal and Historical Parks, for review and approval, which shall include methodology, an analysis of artifacts found, a catalogue of artifacts, and their present repository. 58. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Chief, Geotech/Grading Plan Check, that a County-certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources - 19 - ATTACHMENT B OCPC RES. NO. 05-08 are discovered,which require long-term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and to the Manager, Coastal and Historical Parks. The paleontologist shall determine appropriate actions, in cooperation with the project developer,which ensure proper exploration and/or salvage. Excavated finds shall be offered to the County of Orange, or its designee, on a first-refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County,unless said finds are of special significance, or a museum on Orange County indicates a desire to study and/or display them at a time, in which case items shall be donated to the County, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval by the Manager, Coastal and Historical Parks. Prior to the issuance of a precise grading permit,the paleontologist shall submit a follow-up report for approval by the Manager, Coastal and Historical Parks, which shall include the period of inspection, a catalogue and analysis of the fossils found, and present repository of the fossils. Monthly grading observation reports shall be submitted to the grading inspector on all projects, which exceed 100,000 cubic yards, unless no earthwork has been done during the month. These reports shall include the period of inspection,the list of fossils collected, and their present repository. Aesthetics 59. Prior to the issuance of any grading permit, the applicant shall provide evidence to Manager, Subdivision and Grading Services that: A. Views of construction activities shall be shielded as feasible by measures that can include placement of temporary fencing, landscaped berms, and/or landscaping; and B. All graded slopes shall be completely hydroseeded and/or landscaped within 90 days following completion of grading. Public Services and Utilities 60. Prior to the issuance of any residential building permit, the project applicant shall provide evidence to Manager, Subdivision and Grading Services that water and energy conservation features shall be incorporated into new residential development as per Title 24 of the California Code Regulations. 61. Prior to recordation of any final tract map (except for financing purposes), the project applicant shall pay the statutory school fee required for the amount of development within the area of the final tract map, or enter into an agreement with the affected school district to provide those measures deemed necessary to address the impact of the project which may include the construction of new schools, the payment of additional fee for the use of temporary facilities in a manner meeting the approval of the Manager, Subdivision and Grading Services. - 20 - ATTACHMENT B OCPC RES. NO. 05-08 Parks/Recreation/Open Space 62. Prior to the issuance of any grading permit,the applicant shall submit an irrevocable offer of dedication to the County of Orange in a manner meeting the approval of the Manager, HB&P for 49 acres of land within the 106-acre Harriett Wieder Regional Park. 63. Prior to the issuance of residential building permits within a recorded final tract map area, the Local Park Code requirements for the Brightwater Project Area shall be satisfied, for that portion of the project site, through park dedication or other means subject to the approved Local Park Implementation Plan, to the satisfaction of the Manager,PDS Current Planning in consultation with the HBP Program Management and Coordination. Fire Protection 64. Prior to the recordation of any subdivision map (except for finance and conveyance purposes),the subdivider shall provide evidence to the Orange County Fire Authority that adequate provisions have been made to provide fire protection and emergency medical services to the project area. The evidence can be either of the following: A. The subdivider shall enter into and execute a Secured Fire Protection Agreement with the County and contribute fair share financial resources in an amount determined by OCFA; B. The subdivider shall design,build, equip, and otherwise fund new fire service facilities and equipment to serve this project in an amount determined by OCFA; or C. The subdivider shall enter into, execute a Secured Fire Protection Agreement or Pre-Annexation Agreement with the City of Huntington Beach, and contribute fair share financial resources. 65. F F RB FIRE HYDRANTS Service Codes: 1.12.1 (Emergency Access & Fire Hydrant Location) 1.29 & 1.30 (Underground Fire Protection) A. Prior to the recordation of a subdivision map, the issuance of any grading permits or the issuance of a building permit, whichever occurs first,the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. B. Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the - 21 - ATTACHMENT B OCPC RES. NO. 05-08 repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the Orange County Fire Authority at(714) 744-0499 or visit the Orange County Fire Authority website for a copy of the"Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping." 66. F F R WATER AVAILABILITY Service Code: 1.12.1 (Emergency Access & Fire Hydrant Location) Prior to the recordation of a subdivision map,the issuance of any grading permits or the issuance of a building permit, whichever occurs first,the applicant shall provide evidence of adequate fire flow. The"Orange County Fire Authority Water Availability for Fire Protection"form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. 67. AUTOMATIC FIRE SPRINKLER SYSTEMS Service Codes: 1.27-1.28 (Residential Fire Sprinklers) A. Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all residential structures shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. B. Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the Orange County Fire Authority at(714) 744-0499 for additional information. C. Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. 68. F F R G FIRE ACCESS ROADS Service Code: 1.12.1 (Emergency Access & Fire Hydrant Locations) Prior to the recordation of a subdivision map, a second point of fire department access is required when the total dwelling units exceed 150. Prior to the recordation of a subdivision map, the issuance of any grading permits or the issuance of a building permit, whichever occurs first, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. Please contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the "Guidelines for Emergency Access, or Bulletin number 08-99, "Fire Department Access Requirements for A Single Family Residence." - 22 - ATTACHMENT B OCPC RES. NO. 05-08 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and County Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief Applicable CC&R's or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the Orange County Fire Authority at(714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the"Guidelines for Emergency Access." 69. F F GU FIRE LANE MARKINGS Service Code: 1.12.2 (Fire Lane Markings) A. Prior to the issuance of any grading or building permits,the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. Please.contact the Orange County Fire Authority at(714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the"Guidelines for Emergency Access Roadways and Fire Lane Requirements,"or Bulletin 06-99, "Fire Lane Requirements on Private &Public Streets within Residential Developments." B. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The approved documents shall contain a fire lane map,provisions prohibiting parking in the fire lanes, and an enforcement method. 70. F F R TRAFFIC SIGNAL PREEMPTION DEVICES No OCFA Service Code Prior to the recordation of the applicable subdivision map as determined by the Fire Chief in consultation with the County Staff, the subdivider shall enter into an agreement with the County for the installation of traffic signal preemption equipment for the surrounding controlled intersections. This agreement shall be accompanied by financial security. - 23 - ATTACHMENT B OCPC RES. NO. 05-08 71. F F RG BU FUEL MODIFICATION Service Codes: 1.9 & 1.10(Conceptual and Precise Fuel Modification) A. Prior to the recordation of a subdivision map or the issuance of a grading permit, the applicant shall obtain approval from the Fire Chief in consultation with the County staff for a conceptual fuel modification plan and program. Please contact the Orange County Fire Authority at(714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the"Guideline for Fuel Modification Plans and Maintenance." B. Prior to the issuance of a precise grading permit,the applicant shall obtain approval from the Fire Chief in consultation with the City Staff for a precise fuel modification plan and program. The plan shall indicate the proposed means of modifying vegetation to reduce the risk to structures. Please contact the Orange Count Fire Authority at 714 744-0499 or visit the Orange Count Fire Authority (Y Y ) Y Y website to obtain a copy of the"Guideline for Fuel Modification Plans and Maintenance." C. Prior to the issuance of a buildingpermit, the developer,under the supervision of P p p the Fire Chief, shall have completed the portion of the approved fuel modification plan determined to be necessary before the introduction of any combustible materials into the project area. Approval shall be subject to an on-site inspection. D. Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief with an approved plant pallet. The CC&R's or other approved documents shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation. The fuel modification zones shall be subject to triennial inspections. 72. F F G ACCESS Service Code: 1.13 (Vehicular Emergency Access Gate Review) Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the `Guidelines for Design and Installation of Emergency Access Gates and Barriers." - 24 - ATTACHMENT B OCPC RES. NO. 05-08 73. F F G COMBUSTIBLE CONSTRUCTION LETTER No OCFA Service Code (Usually Received with 1.12.1) Prior to the issuance of a buildingpermit for combustible construction the builder s p e hall submit a letter on company letterhead stating that water for fire-fighting purposes and all- weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without Orange County Fire Authority approval obtained as a result of an on-site inspection. Please contact the Orange County Fire Authority at(714) 744-0499 to obtain a copy of the standard combustible construction letter. Model Home Complex 74. CP CP MODEL HOME COMPLEX A. Within ninety90 days after the termination 0 of the use of the subject property as a ( ) Y J p p Y model home complex and real estate sales office,the applicant shall remove, relocate or revise the parking lot, signs, all temporary fencing, the sales office and the model homes as necessary to comply with the current applicable zoning regulations. B. The use approved by this action shall expire two(2) years from the issuance of the temporary certificate of use and occupancy. Applicant may apply for one (1)one- year extension for this permit. C. A maximum often(10) on-site pennants are permitted in connection with the model home sales use. D. Notwithstanding this site plan, applicant shall submit a changed plan to reflect exact size, location and copy of signs associated with the model home sales complex. The sign copy shall be limited to matters relating to the recorded tract within which the signs are located. Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices within the recorded tract. E. No sign shall be posted or placed on public or private property advertising or directing people to the development,which is the subject of this permit, unless such sign is allowed by all applicable permits and is expressly permitted by written consent of the property owner. It is expressly understood and accepted by the applicant that this condition is applicable to any sign advertising or directing people to the development,regardless of whether the applicant directly posted or placed the sign in question. - 25 - t ATTACHMENT B OCPC RES. NO. 05-08 F. The model home sales office shall be used solely for the first sale of dwelling units approved under this permit. G. Model site trap fences shall not obstruct the flow of pedestrian or vehicular traffic passing through the model home complex. The applicant shall install all fencing behind the sidewalk unless otherwise approved by the Chief Engineer/RDMD or Manager, Traffic Engineering. 75. SG SG G TRAP FENCING Prior to issuance of any grading permits for a model home complex, the applicant shall locate the trap fencing at the back of the sidewalk to allow full access of the sidewalk that fronts the building lots, in a manner meeting the approval of the Manager, Subdivision and Grading. Landscaping 76. SG SG/BI GU PRIVATE LANDSCAPING A. Prior to the issuance of precise grading permits, the applicant shall prepare a detailed landscape plan for privately maintained areas,which shall be reviewed and approved by the Manager, Subdivision and Grading. The plan shall be certified by a licensed landscape architect or a licensed landscape contractor, as required, as taking into account approved preliminary landscape plan(if any), County Standard Plans for landscape areas, adopted plant palette guides, applicable scenic and specific plan requirements, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation Measures), and Board Resolution 90-1341 (Water Conservation Implementation Plan). B. Prior to the issuance of certificates of use and occupancy, applicant shall install said landscaping and irrigation system and shall have a licensed landscape architect or licensed landscape contractor, certify that it was installed in accordance with the approved plan. C. Prior to the issuance of any certificates of use and occupancy, the applicant shall furnish said installation certification, including an irrigation management report for each landscape irrigation system, and any other implementation report determined applicable, to the Manager, Building Inspection Services. it - 26 - ATTACHMENT #3 L City of Huntington Beach "�"�'"G�°" BEACH Preliminary Warner Mesa Annexation UW September 19 2005 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 • RSG INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. 309 WEST 4TH STREET SANTA ANA, CA 92701-4502 T 714.541.4585 F 714.541.1175 E INFO@WEBRSG.COM WEBRSG.COM Warner Mesa Annexation Study City of Huntington Beach Table of Contents EXECUTIVESUMMARY...............................................................a.............. 1 Conclusions...............................................................................................................1 BACKGROUND AND PURPOSE..................................................................2 Purposeof Study.......................................................................................................2 The Bolsa Chica Warner Mesa..................................................................................2 MAP 1 Bri htwater Vicinity ... 4 Hearthside Homes Project Description....................................................................5 ANNEXATIONPOLICIES............................................................................. 6 Annexation Procedures and Policies.......................................................................6 Roleof LAFCO...........................................................................................................6 Huntington Beach Sphere of Influence....................................................................7 STUDYMETHODOLOGY............................................................................. 9 Study Approach and Assumptions..........................................................................9 Schedule....................................................................................................................9 AgencyRoles...........................................................................................................10 FISCALANALYSIS.................................................................................... 12 Scenario 1: Annexation Prior to Development......................................................12 Expenditures............................................................................................................12 Revenues.................................................................................................................16 Summary..................................................................................................................20 Scenario 2:Annexation After Development..........................................................23 Expenditures and Revenues...................................................................................23 Summary..................................................................................................................25 Scenario 3: Development with No Annexation......................................................28 Expendituresand Revenues...................................................................................28 Summary..................................................................................................................28 APPENDIX A-PROPERTY TAX TRANSFER RATES................................32 APPENDIXB -TABLE FOOTNOTES......................................................... 34 EXECUTIVE SUMMARY This Annexation Study ("Study") was prepared for the City of Huntington Beach ("City") to address the fiscal impacts that may be associated with the annexation of an unincorporated portion of the Bolsa Chica called the Warner Mesa. A residential development has been approved by the California Coastal Commission for the Warner Mesa, which will increase the demand for local and regional services to land currently uninhabited. This Study has been performed to assist the Huntington Beach City Council as they deliberate the issue of annexing the Warner Mesa. It should be noted that the deficit and surplus projections presented in this study do not represent exact future sums. All fiscal studies must be based on assumptions and methodologies which could alter forecasted amounts. This study makes every attempt, however, to ensure that all assumptions are sound and conservative. The Study examines three scenarios, all of which assume that development will occur on the Warner Mesa. The scenarios consisted of annexation prior to development, annexation one year after the commencement of development, and development with no annexation. A seven year time horizon was used for each alternative to offer a cycle of costs and revenues that included elections, periodic street maintenance activities, and housing turnover. The following is a summary of the cumulative surplus (deficit) resulting from each of the aforementioned scenarios. 1. Annexation Prior to Development The fiscal impact to the City under this scenario resulted in positive cash flow during the study time horizon, with a cumulative surplus of approximately$19.2 million through the final year of the analysis. 2. Annexation After Development This scenario resulted in positive revenue generation in each year, with a cumulative surplus of approximately $4.1 million through the final year of this analysis. 3. Development Without Annexation The fiscal impacts to the City produced by this scenario also remain positive each year, with a cumulative surplus of approximately $3.9 million through the final year of this analysis. Conclusions Analysis of the three scenarios utilized in the Study presents a clear picture of the fiscal trend that would result from annexation. In each case, the City would financially benefit from the proposed development on the Warner Mesa, but annexation prior to development would be the most financially beneficial. ROSENOW SPEVACEK GROUP INC. PAGE 1 Purpose,Background and Purpose of Study This Annexation Study ("Study") has been performed at the request of the City of Huntington Beach ("City") to evaluate the fiscal impacts associated with the annexation of the Bolsa Chica Warner Mesa, specifically the proposed housing development, Brightwater. The purpose of the Study is to determine the potential incremental costs and revenues that the City would incur if development occurs, particularly if the project were to receive municipal services through the City of Huntington Beach. Information and assumptions are laid out within the text as well as in the table footnotes, located in Appendix B. Hearthside Homes, which currently owns the Warner Mesa property, received coastal development permit (CDP) 5-05-020 from the California Coastal Commission as conditioned by items adopted on April 14, 2005. The CDP allows the subdivision and development of approximately 68 acres of the upper bench of the Bolsa Chica Mesa (the "Warner Mesa") into a single family residential community, with additional acreage for use as preservation areas and open space. The land is currently an unincorporated island adjacent to the City of Huntington Beach. As such, development permits, as well as local and regional governmental services, are within the jurisdiction of the County of Orange. Due to the location of the Bolsa Chica, the City of Huntington Beach has previously considered annexing the entire area. However, the land has remained undeveloped, and has therefore historically had minimal need for local or regional services. If the Brightwater development occurs as proposed, the demand for these services will increase, making annexation a logical option. This potential action brings into question the fiscal impacts annexation may have on the annexing city. As articulated in the City's General Plan, financial impacts are a primary concern for potential annexation opportunities. Objective LU 3.1 "Ensure that any proposed annexation is consistent with the overall objectives and does not adversely impact fiscal or environmental resources, and public services and infrastructure of the City of Huntington Beach." Thus, this Study has been produced to assist the City by evaluating the potential costs and revenues that would be associated with the annexation of the proposed Brightwater development, in compliance with the objectives of the City's policies. The Bolsa Chica Warmer Mesa The greater Bolsa Chica area is approximately 1,588 acres. It is divided functionally into the uplands of the Bolsa Chica mesa to the north, the Huntington Mesa to the south, the centrally located lowlands, and the wetlands. The lowlands were historically wetlands; but they have long been used for oil ROSENOW SPEVACEK GROUP INC. PAGE 2 production. A large portion of the lowlands has recently been acquired by the State of California, and efforts are underway to restore and increase the functioning wetlands. The uplands of the Bolsa Chica Mesa consist of a lower and upper bench, the latter of which is the proposed site for the Brightwater development. At the time of this Study, the status of the upper bench is as follows; • The land is currently unincorporated, and within the jurisdiction of the County of Orange. The 349 residential unit Brightwater development has received an approved Coastal Development Permit from the California Coastal Commission with 26 Special Conditions the developer has agreed to. • Hearthside Homes, the land owner and proposed developer, anticipates an area plan amendment, amended tentative tract map, site plan, and CEQA addendum to be approved by the County of Orange in the fall of 2005, and expects to commence grading activities in March of 2006 through County of Orange permits. • Hearthside Homes currently has land holdings in the lower bench, and plans to complete the sale of the land to the State by the end of 2005. • The Local Agency Formation Commission (LAFCO) holds ultimate authority to review and approve or deny annexation. LAFCO has held preliminary meetings with the City of Huntington Beach and is prepared to facilitate the annexation of the land. • No current development agreements are in effect. ROSENOW SPEVACEK GROUP INC. PAGE 3 MAP 1 Brightwater Vicinity elr7 er vntincg o Harbour n Heil 0 , ' Warner , , SRIGHTWATCIt 1 Slater Warner Mesa ' isolated Pocket'`. TaNert, Outer Bo#Sa Bay _-- Area State Ecological Reserve Overlooks � . Polsa Ch ira #stirs State .-', Lowland Reservearkin 'g +' ry A"iomil Park , Inner Solsa Bay PACIFIC OCEAN �� ` 50a'! ROSENOW SPEVACEK GROUP INC. PAGE 4 Hearthside Homes Project Description The Brightwater project proposes 349 single family units on 67.9 acres of the Warner Mesa. In addition to the homes, a 3.2 acre site located along Los Patos Road within the development will be protected as the Los Patos Wetland and Southern Tarplant environmentally sensitive habitat area (ESHA). Another 34.2 acres will be restored as a coastal sage scrub and native grassland community. All streets and entrance points to the community will be public, allowing open access to a public trail leading to the lower mesa and wetlands for recreational activities such as hiking and bird watching. The developer will establish covenants, conditions and restrictions (CC&R's), or an equivalent thereof, for the proposed residential lots to address ownership and management of all trails, parks, habitat restoration and preserve areas, and shared landscaped spaces. For further detail, an extensive review of the project was performed by the California Coastal Commission, and is described in their Staff Report dated April 14, 2005. With the CDP in place, this study treats the development in its proposed state as the final product. ROSENOW SPEVACEK GROUP INC. PAGE 5 ',Annexation Policies Annexation Procedures and Policies In Orange County, the state-mandated Local Agency Formation Commission (LAFCO) has created an Unincorporated Islands Program with the collaboration of the County of Orange and the League of Cities. The intent of the program is to assist in the transition of unincorporated portions, or"islands"from County to city jurisdiction. These agencies have established that the County's primary role is to provide regional services such as courts, social services, heath care, flood control, and housing. Cities can provide local services, such as police and fire protection, street maintenance, and code enforcement. Although the County may continue to provide many local governmental services to unincorporated areas, having surrounding cities provide them directly is often more efficient and cost-effective. The Bolsa Chica is an unincorporated portion of land surrounded by the Pacific Ocean to the west, and the City of Huntington Beach in all other directions. Given that the Warner Mesa is immediately adjacent to incorporated territory in the City, annexation has been considered on several occasions, particularly with regards to potential development. Annexation is often proposed to take place prior to development in order to ensure that municipal services are in place. Annexation at this time provides continuity of services, as well as assurances to the annexing city that development revenues will accrue solely to that city. Two primary components in annexation are the concerns of the land owners and the consistency of annexation with the affected city's General Plan. The City of Huntington Beach has incorporated policies for annexation in their General Plan, which are discussed in great detail later in the Study. Hearthside Homes is currently the sole owner of all parcels in the Bolsa Chica Warner Mesa, making the decision to annex prior to development limited to the developer, City, County, and LAFCO. If development was to occur, and residents purchased units prior to annexation,the new inhabitants would be eligible to vote on the issue. Role of LAFCO The Local Agency Formation Commission was established by the State legislature in 1963 to oversee the jurisdictional boundary process for local governments and the formation of new jurisdictions. Until the early 1990's, the role of LAFCO was limited to its authority to approve or deny jurisdictional annexations, detachments,formations, and other changes of organization related to jurisdictional boundaries. Recent legislation has given added authority to LAFCO to initiate local government consolidations, and has mandated that LAFCO review and approve or deny proposals for the extension of contract services outside of any agency's jurisdictional boundaries. The applicable law governing city annexation proceedings is found in the California Government Code, Sections 56000 et. seq., also known as the ROSENOW SPEVACEK GROUP INC. PAGE 6 Cortese-Knox-Hertzberg Local Government Reorganization Act. An uninhabited annexation may be initiated by resolution of any affected city, county, district, or by petition of the landowner. Once a complete application for annexation has been received by LAFCO, the staff will prepare an analysis of the proposal for annexation and make recommendations to the Commission. In the case of an unincorporated "island" annexation such as this, if only a portion of the island is proposed for annexation, LAFCO staff will nonetheless review the feasibility of annexation of the island in its entirety. The Commission has the authority to amend the annexation to include a larger region than initially proposed, and would consider recommendations from their staff. In the case of the Boisa Chica unincorporated island, it is possible that LAFCO will request the entire area be annexed, not just the Warner Mesa. The State Lands Commission, the County of Orange, and the Ocean View School District currently own the majority of the Boisa Chica property. Annexation would require the review of prior agreements and likely new negotiations for the provision and funding of services between the land holders and the City. Though there are currently no plans to develop the remaining land, certain responsibilities, such as public safety will fall to the City and costs will be accrued. Huntington Beach Sphere of Influence Local Agency Formation Commissions act in both regulatory and planning capacities. While annexations are a regulatory act, LAFCO's major planning task is the establishment of a "sphere of influence" for the various governmental bodies within their jurisdictions. Under the Cortese-Knox-Hertzberg Act, the sphere is to be a "plan for the probable physical boundaries and service area of a local government agency". The sphere of influence is an important tool because it guides LAFCO officials and local decision makers to recognize that the city may wish to incorporate the land within the sphere in the future. The proposed Brightwater development is within the sphere of influence of the City of Huntington Beach. The development proposes single family units adjacent to existing single family residential land uses, and is contiguous to corporate boundaries of the City. The location and proposed land use of the project is compatible with the General Plan annexation requirements as described below. The City's General Plan Annexation Goal mirrors LAFCO's policy of rational expansion, as do the Objective and Policies in the Land Use Element. Goal LU 3 "Achieve the logical, orderly, and beneficial expansion of the City's services and jurisdictional limits." Furthermore, Policy LU 3.1.6 "Consider creating a policy directing the City to consider annexation of the Bolsa Chica area (prior to development) to link future development with the City's infrastructure." ROSENOW SPEVACEK GROUP-INC. PAGE 7 Thus, the General Plan specifically includes consideration for the expansion of City boundaries into the Bolsa Chica, an administrative advantage if Huntington Beach agrees to annex the Warner Mesa. ROSENOW SPEVACEK GROUP INC. PAGE 8 I'Study Methodology Study Approach and Assumptions The assumptions used in this analysis were based on documentation and data provided by the City of Huntington Beach staff members and department management, Hearthside Homes, and the County of Orange Planning Department and Assessor's Office. The Huntington Beach General Plan, City budget data, the 1999 Bolsa Chica Annexation Study (completed by RSG), and case study methodology were utilized to develop forecasts in this fiscal impact analysis. RSG has taken precautions to assure the accuracy of the data used in the formulation of this analysis by working closely with City and LAFCO staff. We cannot, however, ensure that the current fiscal year revenue and expenditure estimates will continue the same trends in the future. This Study anticipates the Brightwater project will develop as currently proposed by Hearthside Homes, and as approved by the Coastal Commission on the Warner Mesa. Projections are based on this proposed plan, which consists of 349 single family detached housing units with an estimated ratio of 2.4 persons per dwelling unit, resulting in an expected population of 838 residents. Based on these numbers, three alternative development scenarios are presented, each projecting fiscal impacts over a seven year time horizon. Scenario 1 —Annexation Prior to Development Scenario 2—Annexation After Development Scenario 3— Development Without Annexation As most fees associated with land use permit fees, inspection fees, processing, or similar charges that would be collected from new development are calculated to offset direct costs to the City, they are in this study considered to be fiscally neutral. Both costs and revenues have been adjusted to reflect an annual inflation rate of 2%. Furthermore, though future annexation may include more land than the proposed Hearthside Homes development, only the fiscal impacts of the Brightwater community itself are considered here. Schedule This fiscal analysis commences in fiscal year 2006/2007, based on proposed preliminary construction activities that may begin to occur at that time. According to Hearthside Homes, the project shall have a single building phase. Though Hearthside Homes expects construction completion in the spring of 2007, this study takes a more conservative estimate showing completed construction in the fiscal year 2007/2008 or "Year 2" of this study. Residential occupancy is expected to begin immediately after completion, and to continue into the following year, fiscal year 2008/2009, or "Year 3". For the purposes of this study, the total number of expected residential in-migration has been split equally into ROSENOW SPEVACEK GROUP INC. PAGE 9 Year 2 and Year 3, thus 50% of the residents move into the development in each of those two years. Valuation for the proposed Brightwater development (in 2005 dollars) was provided by Hearthside Homes and confirmed by RSG's market research. Valuations for the seven year period were determined as follows: Year 1 (FY 2006-07): Assumes 10% of value of development will appear on the Assessment Roll (Valuations have been inflated at 2% per annum). Year 2 (FY 2007-08) Assumes 55% of total development value will appear on the Assessment Roll. • Year 3 (FY 2008-09) Assumes 100% of the value of the development (with inflation)will appear on the Assessment Roll. • Years 4 through 7 Assessment Value of development increased by 2% per annum. The fiscal analysis extends for seven years, from the 2006/2007 fiscal year to the 2012/2013 fiscal year, to include costs incurred by major road maintenance and both local and presidential elections, and revenues from housing turnover and property tax growth. Agency Roles As an unincorporated island, the County of Orange is the primary local and regional governmental service provider to the Bolsa Chica area, including the proposed Brightwater site. The County is responsible for policy making and administration, law enforcement through the Sheriffs Department, animal control, planning and land use regulation, building inspection, parks and recreation, and library services. The Orange County Fire Authority is currently responsible for providing fire protection, rescue, and emergency paramedic services to all properties within the Bolsa Chica. If the City of Huntington Beach were to annex the Brightwater project at any time, the City would become the primary local service provider extending police, fire, paramedic and ambulatory, parks and recreation, senior services, planning and land use regulation, and library services. Currently, the City contracts with the County to provide animal control services. Therefore, regardless of whether annexation occurs, animal control will remain a County of Orange service. The Brightwater development proposal has been through prior iterations; therefore consideration for governmental services has been underway for many years. Particularly germane to the project is water and sanitary sewer service, which the County does not directly offer. If annexed prior to development, the City of Huntington Beach would provide local water and sewer service. In the event that annexation is not completed prior to commencement of construction, Hearthside Homes has prepared to contract for potable water supply through the ROSENOW SPEVACEK GROUP INC. PAGE 10 Southern California Water Company ("SCWC). This would be accommodated by extending SCWD transmissions lines southward approximately 6.7 miles from their nearest current service area in the City of Cypress. Therefore, unless annexation occurs before development, Hearthside Homes has stated they will execute a water service contract with the SCWD for potable water and connect directly to the Orange County Sanitation District for sewer service. The City will not in this case provide water or sewer service to the development. In the event that annexation occurs after development, as Scenario 2 reflects, City staff has stated that some service agreements are expected to be negotiated between the County and the City to insure the effective and cost-efficient provision of services to the residents of Brightwater during the interim period prior to annexation. Should the development not be annexed at any time, City staff anticipates similar service agreements will nevertheless be made with a long- term time horizon. ROSENOW SPEVACEK GROUP INC. PAGE 11 Fiscal Analysis Scenario 1: Annexation Prior to Development Scenario 1 describes the forecasted incremental expenditures and revenues to be made by the City if annexation were to occur prior to development. Annexation of the Warner Mesa would be consistent with LAFCO's policies, and with both the Land Use and Growth Management Elements of Huntington Beach's General Plan. Annexation is often proposed prior to development to ensure that municipal services are in place, which is of particular relevance in this case with regard to water and sanitary sewer service. Annexation prior to development would result in municipal water and sewer service from the City, and would also provide assurances to Huntington Beach that any development revenues, both one-time and ongoing, will accrue to the City. Expenditures The following provides an analysis of the potential cost impacts associated with annexation upon individual City functions and programs, including costs for operation, services and equipment, and other miscellaneous expenditures. Table la reflects these expenditures, which have been categorized by departments within the City's organizational structure and estimates are discussed below. It should be noted that it is not the purpose of this study to analyze the total cost to the City if the proposed Brightwater development is annexed, but only the incremental costs associated with such action. General Government. a. Administration No new positions, equipment, or major operating costs are expected be incurred as a result of the annexation. Minimal expenditures including legal costs, advertising, postage, and other selected services and supplies are considered to be neutralized by development permits and fees. Some additional public support is expected to be required in order to handle basic inquiries and assistance. These costs have been estimated from the budget of the City Clerk for public support on a per capita basis. b. Elections Costs associated with biennial elections (local and presidential) are included. Election costs were estimated based on a per registered voter rate calculated from City budget data and historical cost figures from the City. The number of voters was estimated using the overall percentage of registered voters in the city according to the Orange County Registrar, and applying that percentage to the number of expected residents in Brightwater. c. County Property Tax Collection Charges Beginning in the 1992-1993 fiscal year, the County Auditor- Controller's Office charged cities and local districts receiving ROSENOW SPEVACEK GROUP INC. PAGE 12 property tax revenue for incidental administrative costs. These charges are estimated at 0.946% of all property tax revenues. Planning and Building and Safety Upon the annexation of the Brightwater project, the City Planning Department and the Building and Safety Department will assume the processing of all land use related services as well as construction inspections. All fees associated with these services are required to offset costs (in almost all cases) and are therefore not included in expenditures or revenues. Community Services a. Parkland Regardless of annexation, the regional open space and wetlands will be the responsibility of the State of California, and the County of Orange will retain ownership of Linear Park, resulting in no financial impact on the City. Within the project boundaries, there are no anticipated costs relative to landscape maintenance services. All neighborhood parks, open spaces, and landscaping will be maintained by the proposed homeowners association. However, this responsibility was proposed by the developer for the parkland and open space that currently exists in the Brightwater site plan. Under the standards set by the City General Plan, five acres of parkland per 1,000 people are required. The development package proposed by Hearthside Homes offers passive open space with a trail. Therefore, the creation of additional park space may be negotiated with the developer or an in-lieu fee may be imposed. Any possible costs associated with the maintenance of negotiated additional parkland have not been included in this study. There will be some impacts on existing recreation programs and facilities, including day care, summer camp, playground equipment, and lifeguard services etc., and exist regardless of whether the City annexes the area. Registration fees will offset some of the costs of organized activities; however General Fund expenditures have been calculated on a per capita basis due to the high volume of informal services made available in the City. b. Senior Services The City's Human Services Division provides a variety of programs for seniors in the community, including the operation of the Rodgers Seniors' Center and the Seniors Outreach Center. These costs are included in the General Fund expenses, and are included regardless of annexation. Public Safety a. Police Department ROSENOW SPEVACEK GROUP INC. PAGE 13 If annexed, the City's Police Department will provide all law enforcement-related services to the development. The City's ratio for officer employment is 1.15 per 1000 residents. With an increase of 838 residents, this ratio indicates a need for an additional 0.9637 officers. However, the Department does not anticipate a dramatic increase in service requests, nor the need for any additional employees. A proportional share of the Police Department's General Fund expenses has been incorporated into the City's expenditures, which were calculated using the 2004- 2005 per capita rates. b. Fire Protection Recurring fire protection expenditures were estimated using current City Fire Department budget data for costs associated with vehicle maintenance, fuel consumption, and vehicle supplies on a per capita basis. General Fund expenditures are based on the per capita costs associated with the additional residents of the area. Paramedic and ambulatory transport costs have been calculated based on data provided by the City Fire Department at a cost per emergency medical patient transported in 2004. The Fire Department also offers a voluntary membership program to residents called FireMed, which allows members to receive paramedic and ambulatory service from the City for no additional out-of-pocket expenses. The costs to operate this program have been calculated on a per household basis, for those households enrolled in the program. Approximately 33% of all households City-wide participate in FireMed at an annual cost to the City of $51.26 per household. This study projects that 33% of Brightwater households will also participate in FireMed. In addition to the above costs, the Fire Department plans to relocate Fire Station Number 8 in order to increase response time to the affected residents. The proportional cost share for the residents in the Brightwater community has been included in the Study, based on an estimated cost of approximately $10.3 million to relocate the station in Year 5. This relocation price estimate was provided by RRM Design Group of San Luis Obispo, California, and was obtained at the request of City staff. In this scenario, the proportional cost of relocating the station on a per capita basis has been captured as an expenditure in Year 5. Library Services The additional population produced by the proposed development will increase the use of library services throughout the City. The costs associated with the additional residents have been forecasted using City budget data at a per capita rate. It should be noted that Library Services has requested one additional children's librarian and one additional library clerk specialist to meet the increased demand on the library system, and the City ROSENOW SPEVACEK GROUP INC. PAGE 14 should consider the marginal impacts associated with the additional residents. However, for the purpose of this study, only costs that reflect the per capita estimates of operating the Huntington Beach library system have been utilized. Public Works a. Sewer Maintenance Services Through annexation, the addition of residential units to the City from the Brightwater development will require the expansion and maintenance of the applicable local sewer system services. Costs were forecasted based on the estimated length of the piping. Service costs and maintenance scheduling rates were provided by the City's Public Works department. Residential sewer lines are expected to be serviced once a year. Arterial line services are not included, as only a small extension from the existing arterial line may be required. Capital costs for improvements or replacement of pump stations were not included in this analysis. If an additional lift station or similar apparatus were required to serve the development, infrastructure will be provided by the developer. b. Storm Drain Maintenance Services The community will have approximately 45 storm drain catch basins, which require cleaning once a year. Upon entering the storm drain system, stormwater will be then be diverted into a debris unit at one outlet point. The City employs Continuous Deflective Separation (CDS) units to capture debris in the nearby coastal downtown area, and have found them to be successful at a maintenance rate of four times a year. Based on this experience, the City expects a similar single CDS unit with similar maintenance needs will be installed to capture debris from stormwater runoff on the Warner Mesa. Catch basin and debris unit cleaning costs and scheduling were obtained from the Public Works Department. c. Park and Landscape Maintenance Services As discussed earlier, it is expected that all park, open space, median and landscaping will be the financial responsibility of a homeowners association. Thus, no City landscape maintenance costs have been included as forecasted expenditures. d. Street Lighting According to City estimates, and verified by RSG research, approximately 100 street lights will be required for 3.17 miles of road within the Brightwater community. The City already contracts with. Southern California Edison to provide streetlights in other areas, and expects to do so for the Brightwater community if it is annexed. The average monthly cost to the City for Southern California Edison to maintain the light is$10 per unit. ROSENOW SPEVACEK GROUP INC. PAGE 15 Contingency A 15% contingency factor has been added to the General Fund expenditure estimate to meet unforeseen programs or emergency needs. Road Maintenance a. Street Maintenance Street maintenance expenditures were projected based upon the length of road measurements provided by the developer, and the maintenance costs estimated by the City's Department of Public Works. A total of 6.34 lane miles (3.17 miles of two lane roads) are planned, all of which are public. Costs include slung sealing and bi-monthly street sweeping. According to the City, street slurry sealing (Type II sealing) occurs approximately every seven years. Street sweeping is estimated at a rate of 25 times per year. b. Traffic Signal Maintenance The Department of Public Works does not anticipate the need for a new traffic signal. Revenues The following revenue section analyzes new, recurring revenues from various state and local sources that will be received by the City as a result of annexation. Table lb demonstrates these revenues. One-time only, development related fees are often discussed as potential revenue sources, but with the exception of development contri. utions to the library, certain public works fees, and possible in-lieu fees for parkland, one-time fees are expected to have a neutral impact, as they offset any initial costs of staff services, infrastructure, and supplies. Taxes a. Property Taxes The Local Agency Formation Commission reports that the property tax ratio contained in the Master Property Tax Agreement between the City and the County, as set forth in a City Council resolution adopted on October 28, 1980, is current and will apply if the Brightwater development is annexed. The division of the property tax proscribed by the agreement, which is based on historical tax ratios prior to the passage of Proposition 13, is 56% City and 44% County. Thus, upon annexation the City would receive 56% of the total current County General Fund property tax revenue, and the County would retain the remaining 44% of their current General Fund property tax revenue share. In addition to the split of the County base property tax, the City would receive the tax override of 0.696% for the City's Employee Retirement System. City staff members have stated that the City would also receive an estimated 70% of the total current County Library District property tax revenues for services rendered by the ROSENOW SPEVACEK GROUP INC. PAGE 16 city library system, and 100% of the total current Orange County Fire Authority property tax revenue for services provided by the City fire department. b. Property Transfer Taxes Property transfer taxes are generated at the time a new property is sold or an existing property is resold. A property transfer tax of $0.55 per $1,000 of transferred value is levied on the sale of real property and is divided between the County of Orange and the City. The amount of property tax received will depend upon the sale of land and the level of resale activity within the project. These revenues have been estimated based on a 5% annual turnover rate. c. Vehicle License Fee Vehicle license Fee ("VLF") revenue is a subvention collected by the state and allocated to cities and counties based on a statutory formula. VLF revenues are an important component of the fiscal viability of annexations. Prior to 2004, state law required that a city whose population increased by virtue of annexing land would receive additional VLF revenue to fund services to that area. With the VLF for Property Tax Swap of 2004, more than 90% of city VLF (and VLF backfill) revenue was replaced with property tax revenue. These changes severely reduced the amount of VLF revenue available to fund annexations. Because of the difficulty in accurately projecting these numbers, this calculation is based on a per capita rate from the additional residents in the development. Under the law prior, the portion of VLF revenue available for distribution as general revenue to cities and counties was divided in half. One half was distributed to the cities on a per capita basis and the remaining was distributed to counties in a similar manner. Under the new law, effective FY 2004-05, most of the VLF revenue allocated to cities and all of the revenue allocated to counties increases based on assessed value growth instead of population growth in a jurisdiction. Revenue is distributed as property tax in-lieu of VLF. Currently, legislative efforts are being pursued to restore the loss of revenues from the VLF subvention for annexations and new cities. Under AB 1602, Assemblyman John Laird, in partnership with the League of California Cities is drafting language and formulating a solution to re-establish population calculations and allocation procedures. d. Supplemental Property Tax Roll Supplemental Revenue is revenue generated by the tax increment created when a sale takes place or a construction project is completed after January 1 of a given year (the assessor's office cut-off date for the next year's assessment roll), but the reassessment occurs and the owner is issued a supplemental tax bill for the period between the sale or completion and the next ROSENOW SPEVACEK GROUP INC. PAGE 17 regular tax bill. Because the nature of these revenues is unpredictable, they cannot be accurately projected, and therefore, no provision is made within the projections to reflect their impact on future revenues. e. Franchise Fees Franchise fees have been established for utilities, transfer stations, pipeline franchises, cable television franchises, and bus bench franchises. These fees have been aggregated and forecasted using data from the budget on a per capita basis. f. Unitary Utility Tax Following the passage of AB454, the State Board of Equalization determines and distributes the statewide apportionment of the Unitary Utility revenue. This makes revenues difficult to project, therefore conservative projections are based upon a 5% tax rate applied to utility service billings City tax rate. g. Sales Tax The Brightwater project does not include any retail uses; hence no direct sales tax revenues will be incurred by the City. However, sales tax revenues are likely to grow indirectly because of an increase in population, creating additional purchasing potential. The project's proximity to retail businesses within the City will engender some additional sales tax revenue regardless of annexation. Road Funds a. Gas Tax As stated in the City Municipal Code, all moneys received by the City from the State under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways, shall be paid into the fund. Within this study, the Gas Tax revenue was calculated on a per capita basis, using the total dollar amount from the 2004-05 Budget. This differs slightly from the actual State method used, which bases revenue on a per capita basis and a per need basis. This number more closely represents the average dollar amount over the seven year time period. b. Measure M Measure M is a half cent sales tax, approved in 1990 by the voters of Orange County, which is used for transportation projects. The breakdown of this tax includes 43% of the funds towards freeways, 21% towards local streets and roads, 25% towards transit, and 11% towards regional streets. To date, Huntington Beach has received $22,854,971. Actual allocation is based on need and population; therefore calculations in this study are based ROSENOW SPEVACEK GROUP INC. PAGE 18 on a per capita estimate, using 2004-05 budget numbers for guidance. Actual numbers may vary due to the discrepancies in distribution. Other Revenues a. Community Services The Community Services Department has reviewed the development package proposed by Hearthside Homes, and does not feel adequate parkland is currently included. Under the Quimby Act, in-lieu funds can be used for park renovation, acquisition, and development. The City of Huntington Beach uses a standard equation for parkland in-lieu fees. At the request of the city, average land values have been placed at $2.5 million per acre. The standard equation then reads: 5 (# units x 2.68) / 1000 x $2.5M = Park in-lieu fee The City may choose to negotiate in-lieu fees based on the park space the Brightwater plan currently incorporates, which would reduce this revenue. b. Library Community Enrichment and Development Fees The City currently assesses two separate library fees from new developments. The Community Enrichment Library Fee (CELF) is assessed at a rate of $0.15 per square foot for new residential units. Revenue from this fee is split into $0.08 per square foot for the Art Center operated by Community Services and $0.07 for the Library, but for the purpose of this study the CELF has been evaluated as a single fee. The Library Development Fee (LDF) is assessed at$0.44 per square foot for residential units. Therefore, a fees total of $0.59 per square foot is incorporated in this study, using an average housing size of approximately 2,755 square feet each as proposed by the developer. c. Paramedic and Ambulance Transport Fees The City imposes an ambulance and paramedic transport fee for services rendered. The City's ambulance service charges were supplied by the Fire Department on a per transport basis, using service data from 2004, and have been applied at a per capita ratio to the additional residents. d. FireMed The City of Huntington Beach Fire Department offers a voluntary membership program to residents, which allows members to receive paramedic and ambulatory service from the City for no out of pocket expenses. The cost to join the FireMed program is $60 per year, per household. This study estimates a 33% household participation rate based on the city-wide membership average, for a total of 115 projected member households in the Brightwater community. ROSENOW SPEVACEK GROUP INC. PAGE 19 e. Fines and Forfeitures This revenue source is generated by Motor Vehicle Code fines, Municipal Code fines, and other miscellaneous fines and forfeitures. Projected revenues are based on per capita amounts from the 2004-2005 budget year. Summary The forecasted expenditures and revenues for this study have been calculated using conservative methodologies and modest escalation factors. Based on this analysis of annexation prior to development, forecasted revenues will exceed expenditures. Projections indicated a cumulative surplus over the seven year study period of$19,159,306. ROSENOW SPEVACEK GROUP INC. PAGE 20 I Table la: Seven Year Expenditure Summary(Annexation Prior to Development) 2006-" 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Administration Administration/PublicSupport $0 $718 $1,465 $1,495 $1,524 $1,555 $1,586 Elections 1 $0 $568 $1,204 $1,182 $757 $1,230 $1,303 Animal Control $0 $977 $1,992 $2,032 $2,073 $2,114 $2,157 County Tax Collection Charge 3 $989 $5,548 $10,290 $10,495 $10,705 $10,919 $11,138 Subtotal $989 $7,811 $14,951 $15,204 $15,060 $15,819 $16,184 Building&Safety 4 Permit and Plan Check Services $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 Community Services General Fund Expenses5 $0 $2,262 $4,615 $4,708 $4,802 $4,898 $4,996 Subtotal $0 $2,262 $4,615 $4,708 $4,802 $4,898 $4,996 Fire Department Fire Mad s $0 $3,071 $6,265 $6,390 $6,518 $6,646 $6,781 General Fund Expenses 7 $0 $45,550 $92,877 $94,734 $96,629 $98,562 $100,533 Paramedic&Ambulance Transports $0 $9,586 $19,545 $19,936 $20,335 $20.742 $21,156 Fire Department Relocation 9 $0 $0 $0 $0 $42,940 $0 $0 Subtotal $0 $58,206 $118,687 $121,060 $166,421 $125,951 $128,470 Library Services General Fund Expenses 10 $0 $6,996 $14,271. $14.557 $14,848 $15,145 $15,448 Library Service Fund 11 $0 $2,831 $2,888 $2,946 $3,004 $3,065 $3,126 Library Development 12 $0 $962 $981 $1,000 $1,021 $1,041 $1,062 Subtotal $0 $10,789 $18,140 $18,503 $18,873 $19,250 $19,635 Police General Fund Expenses13 $0 $100,163 $204,236 $208,321 $212,487 $216,737 $221,072 Subtotal $0 $100,163 $204,236 $208,321 $212,487 $216,737 $221,072 Public Works Residential Sewer Cleanings 14 $0 $11,841 $12,078 $12,320 $12,566 $12,817 $13,074 Storm Drain Basin Cleanings 15 $0 $826 $842 $859 $876 $894 $912 Storm Drain Debris Unit Cleaning is $0 $6,242 $6,367 $6,495 $6,624 $6,757 $6,892 Street Lighting 17 $0 $12,240 $12,485 $12,734 $12,989 $13,249 $13,514 General Fund Expenses" $0 $36,808 $75,052 $76,553 $78,084 $79,646 $81,239 Subtotal $0 $67,957 $106,825 $108,961 $111,140 $113,363 $115,631 Contingency-15% $148 $37,078 $70,118 $71,514 $79,317 $74,403 $75,898 Road Maintenance Street sweeping 79 $0 $3,328 $3,394 $3,462 $3,531 $3,602 $3,674 Local Street Maintenance 20 $0 $0 $0 $0 $0 $0 $221,486 Subtotal $0 $3,328 $3,394 $3A62 $3,531 $3,602 $225,160 Contingency-15% $0 $499 $509 $519 $530 $640 $33,774 GRAND TOTAL ALL EXPENDITURES $1,137 $288,095 $541,475 $562,252 $612,162 $574,563 $840,819 ROSENOW SPEVACEK GROUP INC. PAGE 21 Table 1b:Seven Year Revenue Summary(Annexation Prior to Development) 2006-07 2007-08 2008-09 2009-10 2010-11 2011.12 2011-12 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Taxes Basic Levy-PropertyTaxl $104,435 $585,880 $1,086,541 $1,108,272 $1,130,437 $1,153,046 $1,176,107 Utility Unitary Tax $0 $2,133 $4,351 $4,438 $4,527 $4,617 $4,710 Property Transfer Taxi $0 $92,303 $171,179 $17,450 $17,809 $18,166 $18,529 Subtotal $104,435 $680,316 $1,262,071 $1,130,170 $1,152,773 $1,175,829 $1,199,345 Franchise Fees Gas,Electric,Cable TV,etc $0 $11,227 $22,892 $23,350 $23,817 $24,293 $24,779 Subtotal $0 $11,227 $22,892 $23,350 $23,817 $24,293 $24,779 Motor Vehicle Revenues Vehicle License Fees 4 $0 $3,278 $6,684 $6,818 $6,954 $7,093 $7,235 In-Lieu of VLF $0 $16,643 $33,952 $34,631 $35,324 $36,030 $36,751 Subtotal $0 $19,921 $40,636 $41.449 $42,278 $43,123 $43,986 Other Revenues Fire Mad 5 $0 $26,156 $53,332 $54,399 $55,487 $56,596 $57,728 Paramedic&Ambulance Transport 7 $0 $391 $797 $813 $829 $846 $863 Fines and Forfeitures s $0 $11,097 $22,626 $23,079 $23,540 $24.011 $24,491 Subtotal $0 $37,643 $76,755 $78,290 $79,856 $81,453 $83,082 One Time Fees Community Enrichment Library&Art Center Fee 9 $144,232 $0 $0 $0 $0 $0 $0 Library Development Fee 10 $423,081 $0 $0 $0 $0 $0 $0 Park Space-In Lieu Fee 71 $11,691,500 $0 $0 $0 $0 $0 $0 Traffic Impact Fee 12 $586,320 $0 $0 $0 $0 $0 $0 Sewer Connection Fee(5%to City)13 $30,520 $0 $0 $0 $0 $0 $0 Drainage Fee(per acre)14 $374,000 $0 $0 $0 $0 $0 $0 Water Connection Fee 15 $1,675,200 $0 $0 $0 $0 $0 $0 Subtotal $14,924,853 $0 $0 $0 $0 $0 $0 Road Funds Measure M-Local Tumback 1® $0 $4,777 $9,740 $9,935 $10,134 $10,337 $10,543 Gas Tax 17 $0 $7,383 $15,053 $15,354 $15,661 $15,975 $16,294 Subtotal $0 $12,160 $24,794 $25,290 $26,795 $26,311 $26,838 GRAND TOTAL ALL REVENUES $16,029,288 $761,266 $1,427,148 $1,298,548 $1,324,519 $%351,010 $1,378,030 GRAND TOTAL ALL EXPENDITURES(see Table fa) $1,137 $286,095 $541,475 $552,252 $612,162 $574,563 $840,819 REVENUE SURPLUS(SHORTFALL) $15,028,151 $473,171 $885,673 $746,296 $712,367 $776,447 $637,210 CUMULATIVE SURPLUS(DEFICIT) $15,028,151 $15,501,322 $16,386,995 $17,133,291 $17,845,649 $18,622,096 $19,159,306 ROSENOW SPEVACEK GROUP INC. PAGE 22 Scenario 2:Annexation After Development The Brightwater project may be initially developed within the jurisdiction of the County of Orange, and not annexed into the City until after development has occurred. Once residents have moved into the community, annexation is typically initiated by the resident registered voters, though the City, County, or a special district may continue to pursue it as well. Generally, annexation is requested if residents perceive a need for increased public services. Because development is complete, annexation at this time does not provide the city with options to negotiate new or additional assessments or fees. The below summary addresses the changes in fiscal calculations based on annexation occurring in Year 3, or fiscal year 2008/2009. Thus, Years 1 and 2 calculate expenditures and revenues based on the project remaining within the jurisdiction of the County of Orange. Following annexation, beginning in Year 3, revenues and costs are calculated in the same manner as Scenario 1. Please refer to Tables 2a and 2b for projected dollar amounts. As discussed below, the principal differences in this scenario as compared to Scenario 1 are the lack of one-time development revenues associated with both the park in-lieu fees and the library fees. Expenditures and Revenues Administration The city will continue to pay the County Tax Collection Charge based on revenue it receives from pass through agreements with the County for library and fire services, as discussed below. Community Development a. Parks Community parks and open spaces within the planned development are expected to be maintained by the homeowners' association. If the Brightwater Community annexes after development, in-lieu fees will no longer be applicable. b. Community Services Senior residents of the Brightwater Community may participate in activities at local City-run senior centers, and may also require some additional services through City senior programs. Therefore, costs associated with those activities and services continue to be included in projections regardless of annexation. Other recreational services provided by the City such as lifeguards and maintained recreational equipment in parks will be impacted by the additional residents regardless of annexation. As such, ROSENOW SPEVACEK GROUP INC. PAGE 23 General Fund costs have been included based on a per capita estimate to reflect these expenditures. Public Safety Nearly a decade ago, Hearthside Homes proposed a larger housing development at the same location on the Warner Mesa, and an arrangement was subsequently established between the City of Huntington Beach, the Orange County Fire Authority, and Hearthside Homes. This 1997 Tri-Party Agreement allowed for the City of Huntington Beach to provide fire, paramedic, and ambulatory services to the project, instead of the Orange County Fire Authority, which does not maintain a nearby fire station. The Tri-Party Agreement also included a capital contribution fee. As stated in the agreement, the developer made this contribution fee to the OCFA for the tentative purpose of locating an OCFA fire station within the project to serve the development; however, most of this contribution was in turn made to pass to the City for the relocation of a City fire station, as the OCFA would not be the service provider. Based on discussions with the City Fire Department management staff, and the proximity of the project to the City, this study reflects forecasts based on a similar agreement for an 80% tax revenue pass-through being negotiated by the City to provide these services if annexation does not take place. This study currently excludes any potential capital contribution from the developer to maintain a conservative projection; but it should be noted that the relocation of the fire station is still expected to be necessary in order for the Fire Department to maintain city-wide service standards, and therefore a new capital contribution may be negotiated in the future. Hence, in Scenario 2, Years 1 and 2, an 80% pass through of tax revenue from the Orange County Fire Authority has been included, as was stipulated in the 1997 agreement. After annexation in Year 3, expenditures and revenues were calculated in the same manner as Scenario 1 wherein 100% of the OCFA revenues were passed to the City for services rendered by the Huntington Beach Fire Department. Furthermore, as the City is expected to serve the Brightwater community regardless of annexation, residents will be able to enroll in the FireMed program at any time, with its associated cost and revenue impacts both included in the forecasts. Library Services The nearest libraries are maintained by the City of Huntington Beach, and thus are logically anticipated to be impacted by the addition of residents. A 1996 negotiation between the City, County, and developer resulted in an agreement to mitigate for these impacts through one-time fees. This study has made its projections based on this agreement remaining valid, wherein Hearthside Homes would pay $200 per unit to the City and the County would pay $100 per unit to the City upon issuance of grading permits. It should be noted that these fees were based upon the average revenue generated by the Community Enrichment Library Fee in 1996, and do not reflect the revenues generated by the Library Development Fee, which was instituted in 1998. More importantly, it should be noted that the prior agreement was intended for a no annexation scenario. ROSENOW SPEVACEK GROUP INC. PAGE 24 Thus, in Scenario 2, Years 1 and 2, based upon direction from Library Services Department management staff, a 70% pass through of tax revenue from the County of Orange library fund has been included as well as a $300 per unit capital contribution, as was arranged in the 1996 agreement. After annexation in Year 3, expenditures and revenues were calculated in the same manner as Scenario 1. Summary The forecasted expenditures and revenues for this study have been calculated using conservative methodologies and modes escalation factors. Based on this analysis of annexation after development, forecasted revenues will exceed expenditures. Projections indicated a cumulative surplus of $4,061,452 over the seven year study period. ROSENOW SPEVACEK GROUP INC. PAGE 25 Table 2a: Seven Year Expenditure Summary(Development Prior to Annexation) 2006.07 2007-08 2008-09 2009-10 2010.11 2011-12 2012.13 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Administration Administration/PublicSupport $0 $0 $1,465 $1,495 $1,524 $1,555 $1,586 Elections 1 $0 $0 $1,204 $1,182 $757 $1,230 $1,303 Animal Control 2 $0 $0 $1,992 $2,032 $2,073 $2,114 $2,157 County Tax Collection Charge 3 $0 $0 $10,290 $10,495 $10,705 $10,919 $11,138 Subtotal $0 $0 $14,951 $15,204 $16,060 $15,819 $16,184 Building&Safety 4 Permit and Plan Check Services $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 Community Services General Fund Expenses 5 $0 $0 $4,615 $4,708 $4,802 $4,898 $4,996 Subtotal $0 $0 $4,615 $4,708 $4,802 $4,898 $4,996 Fire Department Fire Mad 6 $0 $3,071 $5,265 $6,390 $6,518 $6.648 $6,781 General Fund Expenses? $0 $45,550 $92,877 $94,734 $96,629 $98,562 $100,533 Paramedic&Ambulance Transport $0 $9,586 $19,545 $19,936 $20,335 $20,742 $21,156 Fire Department Relocation 9 $0 $0 $0 $0 $42,940 $0 $0 Subtotal $0 $58,206 $118,687 $121,060 $166,421 $125,951 $128,470 Library Services General Fund Expenses 10 $0 $6,996 $14,271 $14,557 $14,B48 $15,145 $15,448 Library Service Fund 11 $0 $2,831 $2,888 $2,946 $3,004 $3,065 $3,126 Library Development 12 $0 $962 $981 $1,000 $1,021 $1,041 $1,062 Subtotal $0 $10,789 $18,140 $18,503 $18,873 $19,250 $19,635 Police General Fund Expenses 73 $0 $0 $204,236 $208,321 $212,487 $216,737 $221,072 Subtotal $0 $0 $204,236 $208,321 $212,487 $216,737 $221,072 Public Works Residential Sewer Cleanings 74 $0 $0 $12,078 $12,320 $12,566 $12,817 $13,074 Storm Drain Basin Leanings 15 $0 $0 $842 $859 $876 $894 $912 Storm Drain Debris Unit Cleaning 16 $0 $0 $6,367 $6,495 $6,624 $6,757 $6,892 Street Lighting 17 $0 $0 $12,485 $12,734 $12,989 $13,249 $13,514 General Fund Expenses'" $0 $0 $75,052 $76,553 $78,084 $79,646 $81,239 Subtotal $0 $0 $106,825 $108,961 $111,140 $113,363 $115,631 Contingency-15% $0 $10,349 $70,118 $71,514 $79,317 $74,403 $75,898 Road Maintenance Street sweeping 19 $0 $0 $3,394 $3,462 $3,531 $3,602 $3,674 Local Street Maintenance 20 $0 $0 $0 $0 $0 $0 $221,486 Subtotal $0 $0 $3,394 $3A62 $3,531 $3,602 $225,160 Contingency-15% $0 $0 $509 $519 $530 $540 $33,774 GRAND TOTAL ALL EXPENDITURES $0 $79,344 $541,475 $552,252 $612,162 $574,563 $840,819 ROSENOW SPEVACEK GROUP INC. PAGE 26 Table 2b:Seven Year Revenue Summary(Development Prior to Annexation) 2006-07 2007-08 20W09 2009.10 2010-11 2011-12 2012.13 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Taxes Basic Levy-Property Tax' $62,241 $349,171 $1,086.541 $1,108,272 $1,130,437 $1,153,046 $1.176,107 Utility Unitary Tax 2 - $0 $0 $4,351 $4,438 $4,527 $4,617 $4,710 Property Transfer Taxi $0 $0 $171,179 $17.460 $17,809 $18,166 $18,529 Subtotal $62,241 $349,171 $1,262,071 $1,130,170 $1,152,773 $1,175,829 $1,199,345 Franchise Fees Gas,Electric,Cable TV,etc $0 $0 $22,892 $23,350 $23,817 $24,293 $24,779 Subtotal $0 $0 $22,892 $23,350 $23,817 $24,293 $24,779 Motor Vehicle Revenues Vehicle License Fees 4 $0 $0 $6,684 $6,818 $6,954 $7,093 $7,235 In-Lieu ofVLF5 $0 $0 $33,952 $34.631 $36,324 $36,030 $36,751 Subtotal $0 $0 $6,684 $6,818 $6,954 $7,093 $7,235 Other Revenues Fire Mad 5 $0 $26,156 $53,332 $54.399 $55,487 $56,596 $57,728 Paramedic&Ambulance Transport 7 $0 $391 $797 $813 $829 $846 $863 Capital Contribution Fee(Library)9 $104,700 $0 $0- $0 $0 $0 $0 Fines and Forfeitures 9 $0 $5,548 $22,626 $23,079 $23,540 $24,011 $24,491 Park Space-In Ueu Fees $0 $0 $0 $0 $0 $0 $0 Subtotal $104,700 $32,095 $76,755 $78,290 $79,856 $81,453 $83,082 Road Funds Measure M-Local Tumback'o $0 $0 $9,740 $9,935 $10,134 $10,337 $10,543 Gas Tax" $0 $0 $15.053 $15,354 $15,661 $15,975 $16.294 Subtotal $0 $0 $24,794 $25,290 $25,795 $26,311 $26,838 Subtotal-One Time Revenues $104,700 GRAND TOTAL ALL REVENUES $166,941 $381,266 $1,393,196 $1,263,917 $1,289,196 $1,314,979 $1,341,279 GRAND TOTAL ALL EXPENDITURES(see Table 2a) $o $79,344 $541,475 $552,252 $612,162 $574,563 $840,819 REVENUE SURPLUS(SHORTFALL) $166,941 $301,922 $851,721 $711,665 $677,034 $740,416 $500,460 CUMULATIVE SURPLUS(DEFICIT) $166,941 $468,863 $1,320,594 $2,032,249 $2,709,282 $3,449,699 $3,950,158 ROSENOW SPEVACEK GROUP INC. PAGE 27 Scenario 3: Development with No Annexation The Brightwater project may remain an unincorporated island and not annex into the City of Huntington Beach. As with the first two years of development in Scenario 2, several services may still be provided to the residents by the City due to the close proximity, therefore impacting their expenditures and revenues. Tables 3a and 3b reflect the expenditures and revenues for this scenario. Expenditures and Revenues Administration The city will continue to pay the County Tax Collection Charge based on revenue it receives from pass through agreements with the County for library and fire services, as discussed below. Fire Protection The City Fire Department maintains the station geographically closest to the Brightwater community, making it probable that they will often be the first unit to respond in an emergency. Fire Department management staff has stated that based upon the prior 1997 Tri-Party Agreement, this scenario provides an 80% pass through of tax revenue from the Orange County Fire Authority to the City for services rendered. The City is expected to serve the Brightwater community regardless of annexation; therefore residents will be able to enroll in the FireMed program at any time. Community Services Senior residents of the Brightwater Community may participate in activities at local City-run senior centers, and may also require some additional services through City senior programs. Therefore, costs associated with those activities and services continue to be included in projections regardless of annexation. Library Services Based upon input from the Library Services management staff, the 1996 negotiation between the City, County, and developer was used to forecast this scenario without any adjustment. Though a renegotiation of fees is probable, it is unreasonable to project the results. Thus, for the purposes of this study, Hearthside Homes shall pay a fee of$200 per housing unit and the County shall pay $100 per housing unit to the City. The City will also receive a 70% pass through of funds from the County library tax revenue from the development. It should be noted that the one-time fees were based upon an average revenue generated by the Community Enrichment Library Fee in 1996, and do not reflect the revenues generated by the Library Development Fee, which was instituted in 1998. Summary The forecasted expenditures and revenues for this study have been calculated using conservative methodologies and modes escalation factors. Based on this ROSENOW SPEVACEK GROUP,INC. PAGE 28 analysis of development without annexation, forecasted revenues will exceed expenditures. Projections indicated a cumulative surplus of$3,892,688. ROSENOW SPEVACEK GROUP INC. PAGE 29 Table 3a:Seven Year Expenditure Summary(No Annexation) 2006-07 2007-08 2008-09 2009.10 2010-11 2011-12 2012-13 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Administration Administration/Public Support $0 $0 $0 $0 $0 $0 $0 Elections $0 $0 $0 $0 $0 $0 $0 Animal Control $0 $0 $0 $0 $0 $0 $0 County Tax Collection Charges $589 $3,307 $6,132 $6,255 $6,380 $6,508 $6,638 Subtotal $589 $3,307 $6,132 $6,255 $6,380 $6,508 $6,638 Building&Safety 3 Permit and Plan Check Services $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 Community Services General Fund Expenses4 $0 $2,262 $4,615 $4,708 $4,802 $4,898 $4,996 Subtotal $0 $2,262 $4,615 $4,708 $4,802 $4,898 $4,996 Fire Department Fire Med 5 $1,517 $1,547 $1,578 $1,610 $1,642 $1,675 $1,708 General Fund Expenses $7,037 $7,177 $7,321 $7,467 $7,617 $7,769 $7,924 Paramedic&Ambulance Transport 7 $0 $9,586 $19,545 $19,936 $20,335 $20,742 $21,156 Fire Department Relocation $0 $0 $0 $0 $0 $0 $0 Subtotal $8,553 $18,310 $28,444 $29,013 $29,593 $30,185 $30,789 Library Services General Fund Expensess $0 $6,996 $14,271 $14,657 $14,848 $16,145 $15,448 Library Service Fund 9 $0 $2,831 $2,888 $2,946 $3,004 $3,065 $3,126 Library Development 10 $0 $962 $981 $1,000 $1,021 $1,041 $1,062 Subtotal $0 $6,996 $14,271 $14,557 $14,848 $15,145 $15,448 Police General Fund Expenses $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 Public Works Residential Sewer Cleanings $0 $0 $0 $0 $0 $0 $0 Storm Drain Basin Cleanings $0 $0 $0 $0 $0 $0 $0 Storm Drain Debris Unit Cleaning $0 $0 $0 $0 $0 $0 $0 Street Lighting $0 $0 $0 $0 $0 $0 $0 General Fund Expenses $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 Contingency-15% $1,371 $4,631 $8,019 $8,180 $8,343 $5,510 $8,681 Road Maintenance Street sweeping $0 $0 $0 $0 $0 $0 $0 Local Street Maintenance $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL ALL EXPENDITURES $10,514 $35,506 $61,482 $62,712 $63,966 $65,246 $66,551 ROSENOW SPEVACEK GROUP INC. PAGE 30 Table 3b:Seven Year Revenue Summary(No Annexation) 200"7 2007.08 2008-09 2009.10 2010.11 2011-12 2012-13 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Taxes Basic Levy-PropertyTax� $62.241 $349,171 $647,554 $660,505 $673,715 $687,189 $700,933 Utility Unitary Tax $0 $0 $0 $0 s0 $0 $0 Property Transfer Tax $0 $0 $0 $0 s0 $0 $0 Subtotal $62,241 $349,171 $647,554 $660,505 $673,715 $687,189 $700,933 Franchise Fees Gas,Electric,Trash,Cable TV,etc $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 s0 $0 $0 Motor Vehicle Revenues Vehicle License Fees $0 $0 $0 $0 $0 $0 $0 in-Lieu of VLF $0 $0 $0 $0 $0 $0 s0 Subtotal $0 $0 $0 $0 $0 $0 $0 Other Revenues RreMed2 $0 $26,156 $53,332 $54,399 $55,487 $56,596 $57.728 Paramedic 8 Ambulance Transport 3 $0 $391 $797 $813 $829 $846 $863 Fines and Forfeitures $0 $5,546 $11,313 $11,539 $11,770 $12,006 $12,246 Capital Contribution Fee(Library)B $104,700 $0 $0 $0 s0 $0 $0 Subtotal $104,700 $32,095 $65,442 $66.751 $68,086 $69,448 $70,837 Road Funds Measure M-Local Tumback $0 $0 $0 $0 $0 $0 $0 Gas Tax $0 $0 $0 $0 $0 $0 $0 Subtotal $0 s0 $0 s0 $0 $0 $0 Subtotal-One Time Revenues $104,700 GRAND TOTAL ALL REVENUES $166,941 $381,266 $712,996 $727,256 $741,801 $756,637 $771,770 GRAND TOTAL ALL EXPENDITURES(see Table 3a) $10,514 $35,506 S61,482 $62,712 $63,966 S65,246 $66,551 REVENUE SURPLUS(SHORTFALL) $156,427 $345,760 $651,513 $664,544 $677,834 $691,391 $705,219 CUMULATIVE SURPLUS(DEFICIT) $156,427 $502,187 $1,153,700 $1,818,244 $2,496,078 $3,187,469 $3.892,688 ROSENOW SPEVACEK GROUP INC. PAGE 31 APPENDIX A- PROPERTY TAX TRANSFER RATES Appendix A Table 1:Forecasted Property Tax Transfer(Annexation Prior to Development) 2006.07 2007-08 2008-09 2009-10 2010.11 2011-12 2012-13 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Total Assessed Value $59.829,890 $335,645,682 $622,470,174 $634,919,578 $647,617,970 $660,570.329 $673.781,735 Property Tax Levy @ 1.00696% $602,463 $3,379,818 $6,268,026 $6,393,386 $6,521,254 $6,651,679 $6.784,713 Current Property Tax Distribution County of Orange @ 6.27% $37,793 $212,016 $393,193 $401,057 $409,078 $417,260 $425,605 City of Huntington Beach @ 0 $0 $0 $0 $0 $0 $0 $0 Orange County Library District @1.69% $10,215 $57,308 $106,280 $108,405 $110,573 $112,785 $115,041 Orange County Fire Authority @ 11.4% $68,863 $386,320 $716,447 $730,776 $745,392 $760,300 $775,506 Potential Property Tax Distribution Huntington Beach General Fund @ 3.5% $21,164 $118,729 $220,188 $224,592 $229,084 $233.686 $238.339 OC Library Transfer to City @ 1.69%z $10,215 $57,308 $106,280 $108,405 $110,573 $112,785 $115,041 OCFA Transfer to City @ 2.7%' $68,863 $386,320 $716,447 $730,776 $745,392 $760.300 $775,506 HB Employee Retirement Fund @.696° ° $4,193 $23,524 $43,625 $44,498 $45,388 $46,296 $47,222 Additional Property Tax to City $104,435 $585,880 $1,086,541 $1,108,272 $1,130,437 $1,153,046 $1,176,107 Property Transfer Taxes Value Transferred $0 $167,822,841 $311,235,087 $31,745,979 $32,380,898 $33,028,516 $33,689,087 Revenue to City @$0.551$1,000 5 $0 $92,303 $171,179 $17,460 $17,809 $18,166 $18,529 ROSENOW SPEVACEK GROUP INC. PAGE 32 Appendix A Table 2: Forecasted Property Tax Transfer(No Annexation) 2006-07 Year 2007-08 Year 2008-09 Year 2009.10 Year 2010.11 Year 2011-12 Year 2012-13 Year 1 2 3 4 5 6 7 Total Assessed Value $59,829,890 $335,645,682 $622,470,174 $634,919,578 $647,617,970 $660,570,329 $673,781.735 Property Tax Levy $602,463 $3,379,818 $6,268,026 $6,393,386 $6,521,254 $6,651,679 $6,784,713 Current Property Tax Distribution County of Orange @ 6,27% $37,793 $212,016 $393,193 $401,057 $409,078 $417,260 $425,605 City of Huntington Beach @ 0 $0 $0 $0 $0 $0 $0 $0 Orange County Library District@1.69% $10,215 $57,308 $106.280 $108,405 $110,573 $112,785 $115,041 Orange County Fire Authority @ 11.4% $68,863 $386,320 $716,447 $730,776 $745,392 $760,300 $775,506 Potential Property Tax Distribution Huntington Beach General Fund $0 $0 $0 $0 $0 $0 $0 OC Library Transfer to City @.11%2 $7,151 $40,115 $74,396 $75,884 $77,401 $78,949 $80,528 OCFA Transfer to City @ 9.1%' $55,090 $309,056 $573,158 $584,621 $596,313 $608.240 $620,405 HB Employee Retirement Fund $0 $0 $0 $0 $0 $0 $0 Additional Property Tax to City $62,241 $349,171 $647,554 $660,505 $673,715 $687,189 $700,933 ROSENOW SPEVACEK GROUP INC. PAGE 33 + PPENDIX B — TABLE FOOTNOTES---- Exhibit la: Seven Year Expenditure Summary(Annexation Prior to Development) Estimates for this scenario assume that the Warner Mesa area will be annexed in early(calendar year)2006 and that development will be completed in Year 2 (2007-08). Approximately half of the community's 838 residents (419) will move in during Year 2, and the remainder will move in during Year 3. Per capita and usage costs/revenues are adjusted accordingly. 1. The calculations for elections are based on the following assumptions: • No Elections: Year 1 (FY 2006-07) and Year 5 (FY 2010 - 11) will have no elections, however, election costs are still accrued to the City. Total election costs for Huntington Beach in the last non- election year were $143,701. According to the County of Orange Registrar of Voters, there were 125,861 voters in Huntington Beach in 2004, or 63%of the total population. Using this percentage as a guide, election costs in a non-election year are $1.20 per registered voter. Using actual inflation rates from the United States Department of Labor, Bureau of Labor Statistics, this equals$1.30 per registered voter in 2005 dollars. An inflation rate of 2% was used to calculate subsequent non- election year costs. • Local Elections:Year 2(FY 2007-08),Year 4(FY 2009-2010),and Year 6(2011-12)will have local elections. Total election costs from the General Fund in the last local election (2003-04) were $243,567. Using the OC Registrar of Voters percentage as a guide,the cost of elections in 2003-04 was approximately $1.96 per registered voter. Using actual inflation rates, these costs would be approximately $2.07 per registered voter. An inflation rate of 2% was used to calculate subsequent non-election year costs. • Presidential Elections: Year 3 (FY 2008-09)and Year 7(2012-13)will have Presidential elections. Presidential election costs are based on the election costs in FY 2004-05. Total election costs from the General Fund were$262,809, or approximately$2.09 per registered voter. Using actual inflation numbers,these costs would increase to approximately$2.15 per registered voter in 2005 dollars. An inflation rate of 2%was used to calculate subsequent non-election year costs.An inflation rate of 2% was used to calculate subsequent non-election year costs. 2. The City of Huntington Beach contracts with the County of Orange to provide Animal Control services. The expected cost for Animal Control is based on the 2004-05 Budget. Actual approved funding amounted to$414,149. 3. The Orange County Administration Fee for this Tax Rate Area is.947%. 4. It is assumed that building, permit,grading, etc.fees will offset all costs associated with the additional labor,and therefore net costs for Building and Safety equal zero. 5. Community Services figures are based upon a per capita statistic. It is difficult to calculate the percentage of Huntington Beach residents that use City community services (versus non-residents), thus calculations are distributed evenly among a per capita basis for the purpose of this study. 6. FireMed costs are based on the 2004-05 City of Huntington Beach budget and are calculated on a per household cost. 7. Fire Department General Fund expenditures are based on a per capita cost of the additional residents in the development. 8. The paramedic and ambulance transport expenditures were calculated by taking the actual expenditures in 2004-05 and estimating costs per emergency medical patient. Approximately 4.8% of the City's residents used these services in 2004-05, and this percentage was applied to the Brightwater Community. 9. The Fire Department plans to relocate Fire Station Number 8 to increase response time to the affected residents. The proportional cost share for the residents in the Brightwater community has been included in the Study, based on an estimated cost of approximately$10.3 million to relocate the ROSENOW SPEVACEK GROUP INC. PAGE 34 station in Year 5. The relocation price estimate was provided by RRM Design Group of San Luis Obispo, California, and was obtained at the request of City staff. The number reflects building and site improvements, design, project management, utility connections, furnishings, equipment, moving costs, and a 10% contingency. This estimate also reflects an 11% construction cost index for project cost escalation. 10. These costs reflect the per capita estimates of operating the Huntington Beach library system as a result of the addition of new residents. It should be noted that Library Services has requested one additional children's librarian and one library clerk specialist to meet increased demand on the library system, and the City should consider the marginal impacts associated with the additional residents. However, for the purpose of this study, only per capita estimates of operating the Huntington Beach library system have been reflected here. 11, The Library Service Fund is estimated on a per capita basis. 12. Library Development expenditures are estimated at a per capita basis. 13. These costs are per capita expenditures for the new development. According to the Huntington Beach General Plan,there is a ratio of 1.15 police officers per 1000 residents. Using the assumption of 838 new residents in the area, this would equate to .9637 officers. However, potential demographics of the area do not indicate a need for any additional officers or staff. These estimates do not reflect the need for an additional officer; however, represent the overall burden of the increased population on the Police department. 14. Residential sewer cleanings are completed once a year, with a cost of $0.34 per lineal foot. The number of sewer feet was estimated by using the miles of roads in the development. 15. There are 45 storm drain catch basins in the Brightwater community. They are cleaned once a year at $17.64 per basin. 16. Storm drain debris units are cleaned four times a year at $1500 per unit. There is one unit in the Brightwater Community. 17. Costs for street lighting are estimated to be $10 per light, per month. Assuming there are 100 streetlights,the average annual cost is$12,000.This number is inflated at 2%every year thereafter. 18. General Fund expenses are calculated from only the General Fund monies in the Public Works budget. 19. Street sweeping is$20.18 per curb mile(where one mile of road equals two curb miles)and based on average of 25 cleanings per year,with 6.34 curb miles of streets in the development. 20. Local street maintenance is$0.18 per square foot and is completed every seven years.This process is defined as application of slurry seal,type II.This cost assumes that the streets in the development are 32 feet wide. Exhibit lb- Seven Year Revenue Summary(Annexation Prior to Development) 1. The City's general property tax rate is 1.00696% (including the override for the Huntington Beach Retirement Fund). Calculations are based upon the 1980 Master Property Tax Transfer Agreement between the County of Orange and the City of Huntington Beach. 2. The utility unitary tax is calculated by taking 5%of the utility user's tax 3. The property transfer tax assumes a 5%turnover rate in Huntington Bead, and $.551$1000 fee. 4. Vehicle License Fee("VLF")revenue is a subvention collected by the state and allocated to cities and counties based on a statutory formula. VLF revenues are an important component of the fiscal viability of annexations. Prior to 2004, state law required that a city whose population increased by virtue of annexing an area would receive additional VLF revenue to fund services to the area. With the VLF for Property Tax Swap of 2004, more than 90% of city VLF (and VLF backfill) revenue was ROSENOW SPEVACEK GROUP INC. PAGE 35 replaced with property tax revenue. These changes severely reduced the amount of VLF revenue available to fund annexations. Because of the difficulty in accurately projecting these numbers, this calculation is based on a per capita rate from the additional residents in the development. 5. Under the new law, effective FY 2004-05, most of the VLF revenue allocated to cities and all of the revenue allocated to counties increases based on assessed value growth instead of population growth in a jurisdiction. Revenue is distributed as property tax in-lieu of VLF. This study estimates in-lieu VLF on a per capita basis. 6. FireMed revenues are based on a fee of $60 per year and a 33% participation rate among new households.This is consistent with the current number of households participating in the program. 7. The calculation for paramedic and ambulance transport is based on a per capita rate. In reality, it would be best to find a percentage of people who have been transported, and apply that average to calculate actual fees per trip.This information was not available. 8. Fines and forfeitures include, but are not limited to,parking tickets and municipal code violations.This is a per capita calculation based on revenues in the 2004-05 Budget. 9. The Community Enrichment Library Fee is a one time fee paid to the City by the developer.The fee is $0.15 per square foot, per unit, with $.07 to the Library, and $.08 to Community Services. This is based on a total estimated square footage of 961,548 for the development. Square footage estimates are based on information from Hearthside Homes. 10, The Library Development Fee is a one time fee paid to the City by the developer.The fee is$.44 per square foot,per unit,for all units. 11. The City has a 5 acre of park land per 1000 people requirement. The in-lieu fee was calculated by using the formula: 5(#of units*2.68)*2.5 million 1000 Where $2.5 million is the per acre value of the project site and 2.68 is the number of people per household. 12. The City charges developers a one time traffic impact fee $140 per trip end, with 12 trips per household, per unit. 13. The City charges developers a one time sewer connection for each unit. This calculation is based on a fee of$1680 per unit,with 95%of this revenue passed on to the Orange County Sanitation District, and the remaining 5%staying in the City.This rate is effective October 1, 2005. 14. The City charges developers a one time drainage fee. This calculation was estimated using a fee of $5500 per acre,at 68 acres. 15. The City will receive a water connection fee of$4800 per household. 16. Measure M is a half cent sales tax in Orange County that is used for transportation projects. The breakdown of this tax includes 43% of the funds towards freeways, 21% towards local streets and roads, 25% towards transit, and 11% towards regional streets. To date, Huntington Beach has received$22,854,971. Actual allocation is based on need and population.Because of the difficulty in predicting the need for future projects, calculations in this study are based on a per capita estimate, using 2004-05 budget numbers for guidance.Actual numbers may vary. 17. Gas Tax revenue was calculated on a per capita basis, using the total dollar amount from the 2004- 05 Budget.This differs slightly from the actual method used,which bases it on a per capita basis and a per need basis. This number more closely represents the average dollar amount over the seven year time period. ROSENOW SPEVACEK GROUP INC. PAGE 36 Exhibit 2a: Seven Year Expenditure Summary(Development Prior to Annexation) Estimates for this scenario assume that the Warner Mesa area will be annexed in 2008-09. Estimates are based on the assumption that development will be complete in Year 2 (2007-08).Approximately half of the community's 838 residents(419)will move in during Year 2,and the remainder will move in for Year 3. Per capita and usage costs/revenues are adjusted accordingly. 1. This assumes that residents of Brightwater will not use City of Huntington Beach facilities to vote in elections prior to annexation.Annexation is assumed to occur in Year 3. 2. The City of Huntington Beach contracts with the County of Orange to provide Animal Control services. The expected cost for Animal Control is based on the 2004-05 Budget. Actual approved funding amounted to$414,149. 3. The Orange County Administration Fee for this Tax Rate Area is.947%. 4. It is assumed that building, permit, grading,etc.fees will offset all costs associated with the additional labor,and therefore net costs for Building and Safety equal zero. 5. Community Services figures are based upon a per capita statistic. It is difficult to calculate the percentage of Huntington Beach residents that use City community services (versus non-residents), thus calculations are distributed evenly among a per capita basis for the purpose of this study. 6. FireMed costs are based on the 2004-05 City of Huntington Beach budget and are calculated on a per capita cost.The costs assume a 33%participation rate among new households. 7. This number is based on a per capita cost of the additional residents in the development. 8. The paramedic and ambulance transport expenditures were calculated by taking the actual expenditures in 2004-05 and estimating costs per emergency medical patient. Approximately 4.8% of the City's residents used these services in 2004-05, and this percentage was applied to the Brightwater Community. 9. The Fire Department plans to relocate Fire Station Number 8 to increase response time to the affected residents. The proportional cost share for the residents in the Brightwater community has been included in the Study,based on an estimated cost of approximately$10.3 million to relocate the station in Year 5. The relocation price estimate was provided by RRM Design Group of San Luis Obispo, California, and was obtained at the request of City staff. The number reflects building and site improvements, design, project management, utility connections, furnishings, equipment, moving costs, and a 10% contingency. This estimate also reflects an 11% construction cost index for project cost escalation. 10. These costs reflect the per capita estimates of operating the Huntington Beach library system as a result of the addition of new residents. It should be noted that Library Services has requested one additional children's librarian and one library clerk specialist to meet increased demand on the library system, and the City should consider the marginal impacts associated with the additional residents. However,for the purpose of this study,only costs that reflect the per capita estimates of operating the Huntington Beach library system have been reflected here. Because of the proximity to Huntington Beach Library facilities, residents of Brightwater will use the Library with the same frequency as if they were residents of the City.Therefore,the same expenditures will be used for each scenario. 11. This fund is estimated on a per capita basis. 12. Library Development expenditures are estimated at a per capita basis. 13. These costs are per capita expenditures for the new development. According to the Huntington Beach General Plan,there is a ratio of 1.15 police officers per 1000 residents. Using the assumption of 838 new residents in the area, this would equate to .9637 officers. However, potential demographics of the area do not indicate a need for any additional officers or staff. These estimates do not reflect the need for an additional officer; however, represent the overall burden of the increased population on the Police department. Prior to annexation, City police will not service the area. ROSENOW SPEVACEK GROUP INC. PAGE 37 14. Residential sewer cleanings are completed once a year, with a cost of $0.34 per lineal foot. The number of sewer feet was estimated by using the miles of roads in the development. It is assumed that the City will not clean these units until annexation. 15. There are 45 storm drain catch basins in the Brightwater community.They are cleaned once a year at $17.64 per basin. It is assumed that the City will not clean these units until annexation. 16. Storm drain debris units are cleaned four times a year at $1500 per unit. There is one unit in the Brightwater Community. It is assumed that the City will not clean this unit until annexation. 17. Costs for street lighting are estimated to be $10 per light, per month. Assuming there are 100 streetlights,the average annual cost is$12,000.This number is inflated at 2% every year thereafter. 18. General Fund expenses are calculated from only the General Fund monies in the Public Works budget. 19. Street sweeping is $20.18 per lane mile and based on average of 25 cleanings per year, with 6.34 lane miles of streets in the development. It is assumed that the City will not clean these units until annexation. 20. Local street maintenance is $0.18 per square foot and is completed every seven years. This process is defined as application of slurry seal,type 11.This cost assumes that the streets in the development are 32 feet wide. Exhibit 2b: Seven Year Revenue Summary(Development Prior to Annexation) 0 1. The City's general property tax rate is 1.00696/o (including the override for the Huntington Beach Retirement Fund). Calculations are based upon the 1980 Master Property Tax Transfer Agreement between the County of Orange and the City of Huntington Beach. In Years 1 and 2, the City only receives revenue from the Orange County Fire Association transfer and the Orange County Library District transfer. 2. The utility unitary tax is calculated by taking 5%of the utility user's tax. 3. The property transfer tax assumes a 5%turnover rate in Huntington Beach,and$.55/$1000 fee. 4. Vehicle license Fee("VLF")revenue is a subvention collected by the state and allocated to cities and counties based on a statutory formula. VLF revenues are an important component of the fiscal viability of annexations. Prior to 2004, state law required that a city whose population increased by virtue of annexing an area would receive additional VLF revenue to fund services to the area. With the VLF for Property Tax Swap of 2004, more than 90% of city VLF (and VLF backfill) revenue was replaced with property tax revenue. These changes severely reduced the amount of VLF revenue available to fund annexations. Because of the difficulty in accurately projecting these numbers, this calculation is based on a per capita rate from the additional residents in the development. 5. Under the new law, effective FY 2004-05, most of the VLF revenue allocated to cities and all of the revenue allocated to counties increases based on assessed value growth instead of population growth in a jurisdiction. Revenue is distributed as property tax in-lieu of VLF. This study estimates in-lieu VLF on a per capita basis. 6. FireMed revenues are based on a fee of $60 per year and a 33% participation rate among new households. Based on a conversation with the Fire Chief, residents of Brightwater will be able to participate in this program,regardless of annexation. 7. The calculation for paramedic and ambulance transport is based on a per capita rate. In reality, it would be best to find a percentage of people who have been transported, and apply that average to calculate actual fees per trip. This information was not available. This calculation is based on the assumption that the City of Huntington Beach will service the area regardless of annexation. 8. The Capital Contribution Fee for the Library is a$200 per unit fee from the developer to the City.This is based on the 1996 Library Agreement between Koll (now Hearthside),the County of Orange, and ROSENOW SPEVACEK GROUP INC. PAGE 38 the City of Huntington Beach. The City of Huntington Beach also added a separate fee to the developer of$100 per unit,making the total Capital Contribution Fee$300 per unit. 9. Fines and forfeitures include, but are not limited to, parking tickets and municipal code violations.This is a per capita calculation based on revenues in the 2004-05 Budget. 10. Measure M is a half cent sales tax in Orange County that is used for transportation projects. The breakdown of this tax includes 43% of the funds towards freeways, 21% towards local streets and roads, 25% towards transit, and 11% towards regional streets. To date, Huntington Beach has received $22,854,971. Actual allocation is based on need and population. Calculations in this study are based on a per capita estimate, using 2004-05 budget numbers for guidance. Actual numbers may vary. 11. Gas Tax revenue was calculated on a per capita basis, using the total dollar amount from the 2004- 05 Budget.This differs slightly from the actual method used,which bases it on a per capita basis and a per need basis. This number more closely represents the average dollar amount over the seven year time period. Exhibit 3a: Seven Year Expenditure Summary(No Annexation) 1. This assumes that the residents of Brightwater will not use Huntington Beach facilities to vote. 2. The City still needs to pay a County Tax Collection Charge because they are receiving revenues from the OCFA and County Library District. 3. This calculation assumes that the County does not contract with the City for Building and Safety Services. 4. This expenditure assumes Community Services programs will be utilized at the same rate as if the Community were annexed. 5. This assumes that the City will service the area regardless of annexation. 6. This assumes the City will service the area regardless of annexation. 7. The paramedic and ambulance transport expenditures were calculated by taking the actual expenditures in 2004-05 and estimating costs per emergency medical patient. Approximately 4.8%of the City's residents used these services in 2004-05, and this percentage was applied to the Brightwater Community. 8. These costs reflect the per capita estimates of operating the Huntington Beach library system as a result of the addition of new residents. It should be noted that Library Services has requested one additional children's librarian and one library clerk specialist to meet increased demand on the library system, and the City should consider the marginal impacts associated with the additional residents. However,for the purpose of this study,only costs that reflect the per capita estimates of operating the Huntington Beach library system have been reflected here. Because of the proximity to Huntington Beach Library facilities, residents of Brightwater will use the Library with the same frequency as if they were residents of the City.Therefore,the same expenditures will be used for each scenario. 9. This fund is estimated on a per capita basis. 10. Library Development expenditures are estimated at a per capita basis. Exhibit 3b: Seven Year Revenue Summary(No Annexation) 1. The property tax levy includes 70% of the Orange County Library District taxes to the Huntington Beach Library. It also assumes that Orange County Fire Association will pay 80%of the property tax revenues to the Huntington Beach Fire Department for service of the area. 2. This calculation assumes that the City will service the area regardless of annexation and FireMed is available to the residents of the Brightwater Community. ROSENOW SPEVACEK GROUP INC. PAGE 39 3. This calculation assumes the City will service the area regardless of annexation. 4. The calculations for fines and forfeitures assume 50% of the fines that would be accrued than if the City annexed the community. 5. This fee is based on the 1996 Library Agreement between the County of Orange and the City of Huntington Beach.This fee is to be paid to the City by the County of Orange. Exhibit 4a:Forecasted Property Tax Transfer Annexation Prior to Development) p Y ( p ) 1. The property tax levy is based on four components: • The current assessed value of the land owned by Hearthside Homes,according to Metro Scan data • The assessed value from the projected home sales, based on numbers from Hearthside Homes. The 349 units range from 1769—3667 square feet and are projected to sell at prices ranging from $1.068 million to$2.175 million • Unsecured value, which is estimated at 2.8% of the projected secured value (sales price) for the units • The 1980 Master Property Tax Agreement between the City of Huntington Beach and the County of Orange.This agreement stipulates that 56%of the General Fund taxes from Orange County will be shifted to the City of Huntington Beach upon annexation, and the County will retain 44%. In Year 1, property tax to the City is based on 10%of the estimated future total assessed value of the development. In Year 2, property tax to the City is based on 55%of the projected assessed value,to accommodate for the new residents who have started to move into the development. In Years 3— 7, property tax to the City is based on 100% of the projected assessed value of the development. 2. The Orange County Library Transfer rate assumes that 100% of the County's library funds from that Tax Rate Area will be passed through to the City of Huntington Beach. 3. The Orange County Fire Association Transfer Rate assumes that 100% of the OCFA funds will be transferred to the City of Huntington Beach upon annexation. 4. The City of Huntington Beach has an override of.696%for the Employee Retirement Fund. 5. Property transfer taxes to the City have been calculated at $.55/$1000. After the development is complete,the calculations assume a 5%turnover rate within the development. Exhibit 4b:Forecasted Property Tax Transfer(No Annexation) 1.The property tax levy in the no annexation scenario is based on six components: • The current assessed value of the land owned by Hearthside Homes,according to Metro Scan data • The assessed value from the projected home sales, based on numbers from Hearthside Homes. The 349 units range from 1769—3667 square feet and are projected to sell at prices ranging from $1.068 million to$2.175 million • Unsecured value, which is estimated at 2.8% of the projected secured value(sales price) for the units • The 1980 Master Property Tax Agreement between the City of Huntington Beach and the County of Orange.This agreement stipulates that 56%of the General Fund taxes from Orange County will be shifted to the City of Huntington Beach upon annexation,and the County will retain 44%. • The 1996 Agreement between the City of Huntington Beach and the County of Orange regarding library funds.(See note 2 for details) • The 1997 Agreement between the City of Huntington Beach, the County of Orange, and Koll (now Hearthside Homes). See note 3 for details. 2. The Orange County Library Transfer Rate is based on a 1996 agreement between the City of Huntington Beach and the County of Orange regarding library usage. The County agreed to pay the City 70%of its Library District funds from that Tax Rate Area to the City for the library. This transfer ROSENOW SPEVACEK GROUP INC. PAGE 40 also allows residents of the Brightwater Community to attend Huntington Beach libraries without paying for a non-resident card. 3. The Orange County Fire Association Transfer rate is based on the May 1997 Agreement between the City of Huntington Beach, the County of Orange, and Koll (now Hearthside Homes). The OCFA agreed to pay the City"an agreed upon sum which represents eighty percent (80%) of the County's Fiscal Year 1997/1998 Structural Fire Fund revenue generated by the tax rate area protected(the tax pass-through). This amount will be adjusted for the percentage increase or decrease in the gross valuation,including secured and unsecured rolls..." ROSENOW SPEVACEK GROUP INC. PAGE 41 ATTACHMENT #4 PREANNEXATION AGREEMENT by and between CITY OF HUNTINGTON BEACH and SIGNAL LANDMARK, A CALIFORNIA CORPORATION 70030184.6 TABLE OF CONTENTS Page 1. RECITALS OF PREMISES, PURPOSE AND INTENT.................................................. 1 1.1 Background............................................................................................................ 1 1.2 Reasons for Agreement..........................................................................................2 1.3 Interest of Owner...................................................................................................2 1.4 Environmental Review...........................................................................................2 1.5 Project Is Private Undertaking...............................................................................2 2. DEFINITIONS...................................................................................................................2 3. DEVELOPMENT OF THE PROPERTY..........................................................................4 3.1 Development in Accordance with Project Entitlements........................................4 3.2 Vesting of Rights ...................................................................................................4 3.3 Assignment by Owner............................................................................................ 5 3.4 Public Improvements and Utilities......................................................................... 5 3.5 Development Processing and Development Fees.................................................. 6 3.6 Annexation Proceedings........................................................................................6 4. GENERAL PROVISIONS ................................................................................................ 7 4.1 Cooperation and Implementation........................................................................... 7 4.2 Cooperation in Legal Action.................................................................................. 7 4.3 Enforceability......................................................................................................... 7 4.4 Notices................................................................................................................... 9 4.5 No Third Party Beneficiaries................................................................................. 9 4.6 Time of Essence..................................................................................................... 9 4.7 Modification, Amendment or Extension.............................................................. 10 4.8 Conflict with State or Federal Laws.................................................................... 10 4.9 Cooperation in Securing Permits......................................................................... 10 4.10 Indemnity............................................................................................................. 10 4.11 Waiver.................................................................................................................. 10 4.12 Successors and Assigns........................................................................................ 11 4.13 Governing State Law........................................................................................... 11 4.14 Constructive Notice and Acceptance................................................................... 11 4.15 Covenant of Good Faith and Fair Dealing........................................................... 11 70030184.6 _i_ TABLE OF CONTENTS (continued) Page 4.16 Covenant of Cooperation..................................................................................... 11 4.17 Further Actions and Instruments.......................................................................... 11 4.18 Section Headings ................................................................................................. 11 4.19 Enforced Delay (Force Majeure)......................................................................... 12 4.20 Severability.......................................................................................................... 12 4.21 Interpretation........................................................................................................ 12 4.22 Counterparts......................................................................................................... 13 4.23 Entire Agreement................................................................................................. 13 70030184.6 -11- TABLE OF EXHIBITS EXHIBIT A- Depiction of the Property EXHIBIT B - Legal description of the Property 70030184.6 -1- PREANNEXATION AGREEMENT BY AND BETWEEN CITY OF HUNTINGTON BEACH AND SIGNAL LANDMARK, A CALIFORNIA CORPORATION THIS PREANNEXATION AGREEMENT is entered into as of the lX!� day of Er%b 20D by and between the CITY OF HUNTINGTON BEACH, a charter city ("City"), and SIGN L LANDMARK, a California corporation("Owner"). 1. RECITALS OF PREMISES, PURPOSE AND INTENT 1.1 Background 1.1.1 On July 23, 2002, the Board of Supervisors of the County of Orange approved the development of 379 single family residential units on approximately 105.3 acres within unincorporated Orange County (the "Property") for a residential development project (hereinafter referred to as the "2002 Brightwater Development Project"). 1.1.2 On October 13, 2004, the California Coastal Commission held a public hearing to consider the 2002 Brightwater Development Project and recommended modifications to the 2002 Brightwater Development Project. 1.1.3 On January 21, 2005, in response to the modifications identified by the Coastal Commission, the Owner revised the Brightwater Development Project and submitted a Coastal Development Permit ("CDP") Application which included changes in response to the Coastal Commission's recommended modifications, ( Y hereinafter collective) referred to as the "Revised Brightwater Development Project"). 1.1.4 On April 14, 2005, the California Coastal Commission held a public hearing and approved CDP 5-05-020 for the Revised Brightwater Development Project subject to twenty-seven special conditions. 1.1.5 Owner revised the County-approved 2002 Brightwater Development Project to reflect the Revised Brightwater Development Project that was approved by the Coastal Commission and on October 5, 2005, the Orange County Planning Commission approved the requested amendment to the 2002 Brightwater Development Applications. On October 18, 2005, the Subdivision Committee approved revised Vesting Tentative Tract Map No. 15460. (collectively the "Project Entitlements"). 1.1.6 In compliance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Sections 15000 et seq.), the County has prepared an Addendum to Subsequent EIR No. 551 (State Clearinghouse Number 1993071064) ("Final SEIR")to evaluate the potential adverse environmental effects of the Project Entitlements (the "County Addendum") and 70030184.6 -1- certified the County Addendum and Final SEIR 551 as complete and adequate, and that they fully comply with the requirements of the California Environmental Quality Act and the State CEQA Guidlelines. 1.1.7 On October 5, 2000, the California Public Utilities Commission certified a Supplemental EIR (State Clearing House Number 99071049) to the Bolsa Chica Report Local Coastal Program EIR (State Clearing House Number 93-071064) as being complete and adequate, and that together fully complied with the requirements of the California Environmental Quality Act and the State CEQA Guidelines with respect to the consideration of the impact of the provision of water and sewer service to the Project by the Southern California Water Company (the "PUC SEIR"). 1.2 Reasons for Agreement The parties have determined that annexation of the Property would benefit both the City and the Owner. The Property is located within unincorporated Orange County virtually surrounded by the City. Policies of the Orange County Local Agency Formation Commission favor the annexation of unincorporated areas so as to encourage the orderly and efficient provision of municipal services. The City has the capacity to provide all required municipal services to the Property. The annexation of the Property to the City will be of a substantial economic benefit to the City, including increased property and sales tax revenues, substantial fees and the provision of desired public facilities. The Owner is willing to cooperate with the City in annexing the Property to the City provided the Project Entitlements referred to in Section 1.1 are not adversely affected in any way. 1.3 Interest of Owner Owner represents that as of the date of execution of this Agreement, Owner is the owner of the Property. 1.4 Environmental Review Final SEIR 551 and the County Addendum were prepared by the County and certified for the Bri htwater project. The City was identified as a responsible agency in Final g p J Y p g Y SEIR 551. PUC SEIR was prepared and certified by the California Public Utilities Commission. The provision of water and sewer service by the City was included as an alternative to the provision of water and sewer service by Southern California Water Company in the PUC SEIR which concluded that the provision of water and sewer services by the City would result in substantially fewer impacts than service by Southern California Water Company. The City has determined that the PUC SEIR, the County Addendum and Final SEIR 551 are complete and adequate, and that they fully comply with the requirements of the California Environmental Quality Act and the State CEQA Guidelines with respect to this Agreement and the Project Entitlements and that no major changes to the PUC SEIR, the County Addendum or Final SEIR 551 are required as a result of the annexation of the Property to the City as provided in this Agreement. 70030184.6 -2- 1.5 Project Is Private Undertaking It is specifically understood and agreed to by and between the parties hereto that: (1) the subject development is a private development; (2) there are no third party beneficiaries to this Agreement; (3) Owner shall have full power over and exclusive control of the real property herein described; and (4) the contractual relationship between City and Owner is such that Owner is not an agent of City nor is City an agent of Owner. 2. DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: 2.1 "Addendum" means Addendum IS PA050053 to Subsequent EIR No. 551, dated September 20005. 2.2 "Annexation Fee" means the fee payable to the City upon the annexation of the Property or portions of the Property to the City as consideration for the annexation of the Property to the City. 2.3 "City"means the City of Huntington Beach, California. 2.4 "City Connection Fees" means and includes fees charged by the City in connection with the provision of sewer and water services to the Project. 2.5 "Code"means the Huntington Beach Municipal Code. 2.6 "Council" or "City Council" means the City Council of the City of Huntington Beach. 2.7 "County"means the County of Orange. 2.8 "County Development Fees" means and includes all fees charged by the County in connection with the application, processing and approval or issuance of permits for the development of property, including, without limitation: application fees; permit processing fees; inspection fees; utility capacity fees; service or connection fees; development impact or major facilities fees; park fees; flood control fees; environmental impact mitigation fees; and any similar governmental fees, charges and exactions required for the development of the Project. 2.9 "Director"means the Director of Planning of the City. 2.10 "Final SEIR" means The Final Subsequent Environmental Impact Report 551 (State Clearinghouse No. 1993071064). 2.11 "LAFCO"means the Orange County Local Agency Formation Commission. 2.12 "Owner"means Signal Landmark, a California corporation. 70030184.6 -3- 2.13 "Project" means the Property and the proposed development of the Property for residential uses and supporting public facilities in accordance with the terms of the Project Entitlements. 2.14 "Project Entitlements" means all County and Coastal Commission discretionary entitlements approved for the development of the Project, which approvals are as follows: Master Site Plan/Area Plan PA050053 Vesting Tentative Tract Map No. 15460, as revised Coastal Development Permit No 5-05-020 Project Entitlements also include amendments to any of the foregoing approved by the County or the Coastal Commission, and all conditions of approval adopted by the County in connection with any of the foregoing. 2.15 "Property" means the approximately 105.3 acres of property for which the Project Entitlements have been approved. A depiction of the Property is set forth in Exhibit A, and the legal description of the Property is set forth in Exhibit B. 2.16 "Zoning Ordinance" means the Huntington Beach Zoning and Subdivision Ordinance as it exists on the Effective Date. 3. DEVELOPMENT OF THE PROPERTY 3.1 Development in Accordance with Project Entitlements Owner intends to develop the Property in accordance with the Project Entitlements. Owner is not willing to undertake any risk that the Project Entitlements will be revised or subject to revision in the future without the consent of Owner. City understands that Owner would not be willing to annex the Property to the City if annexation would involve any risk to the Project Entitlements. Accordingly, the parties agree that the annexation of the Property shall be approved in such a manner that the execution and recordation of certificates of completion shall be phased in order to assure that the Owner will have a vested right to build out the portions of the Project annexed to the City following annexation as provided in Section 3.2 below. 3.2 Vestiny,of Ri hts 3.2.1 Right to Develop Property. City understands and agrees that Owner will not agree to the completion of the annexation of any portion of the Property to the City until such time as the Owner has recorded a final vesting map and performed substantial work and incurred substantial liabilities in good faith reliance on building permits issued by the County of Orange and has therefore obtained a vested right to develop and use the portion of the Property in accordance with the Project Entitlements. 3.2.2 Changes Prohibited Without Consent of Owner. City understands that without the prior written consent of Owner, City will not be able to (a) change the Project 70030184.6 -4- Entitlements or any one thereof so as to prevent or adversely affect development, construction or use of the Property in accordance with such Project Entitlements; or(b) apply to the Property any new or amended ordinance, resolution, rule, regulation, requirement or official policy that is inconsistent with any Project Entitlements so as to prevent or adversely affect development, construction r 0 o use of the Property in accordance with the Project Entitlements; or (c) apply to p Y J pP the Property any new or amended ordinance, resolution, rule, regulation, requirement or official policy that requires additional discretionary review or approval for any proposed land use. Nothing contained herein shall prevent the City from adopting general plan amendments and zoning regulations applicable to the Property so long as any such regulations shall not prevent the initial development of the Property in accordance with the Project Entitlements. It is understood and agreed that upon completion of the build-out of the Project and the completion of the annexation of the Property or portions of the Property to the City, the development regulations of the City as they may be amended from time to time shall be the applicable development regulations for the portions of the Property which are annexed to the City and shall govern any remodeling or modifications to any unit within the Project annexed to the City. 3.2.3 Revisions Requested by Owner. If Owner desires to make any change in the Project subsequent to annexation of the Property to the City, any such proposed change shall be submitted to the City for approval in accordance with the then applicable provisions of the Zoning Ordinance. 3.3 Assignment by Owner 3.3.1 CityApproval of Assignment Required. Subject to the approval of the City Administrator or his/her designee as provided below, upon written notice submitted to the City not less than thirty (30) days prior to each transfer or assignment, the rights and obligations of Owner as to the Property under this Agreement may be transferred or assigned from time to time during the Term of this Agreement. 3.3.2 Submittal of Transfer Documents. In connection with any transfer or assignment, Owner shall submit to the City (a) a request for assignment of this Agreement, (b) a fully executed instrument, in form and content reasonably acceptable to the City, pursuant to which the transferee expressly assumes and agrees for the benefit of the City to perform the obligations of Owner under this Agreement applicable to the Property or portion thereof being conveyed, and (c) an acknowledgment, in form and content reasonably approved by the City and executed by the transferee,pursuant to which the transferee acknowledges that the transferee has read and understands this Agreement and all of the provisions hereof. 3.3.3 Approval of Transfer. Upon receipt of the materials described in 3.3.2 above, the City Administrator or his/her designee shall approve the proposed transfer. If a person or entity transfers or assigns its entire interest in the Property or any portion thereof, such person or entity shall be released from its obligations under this Agreement as to such portion of the Property upon compliance with the provisions of this Section 3.3.3. 70030184.6 -5- 3.4 Public Improvements and Utilities 3.4.1 Public Services Pending Annexation 3.4.1.1 City agrees to apply for and obtain approval from LAFCO for an out-of-area service ("OAS") agreement for the provision of water and sewer services to the Project prior to annexation in accordance with the provisions of Government Code Section 56133 within sixty (60) days following the effective date of this Agreement. Water and sewer services shall be provided to the Project following the approval of the OAS agreement by the Executive Director of LAFCO on the terms and conditions provided to residents and businesses in the City and in accordance with Section 3.4.1.2 below. 3.4.1.2 Upon approval of the extension of services outside of the City boundaries by LAFCO, City agrees to provide water and sewer services to the Project prior to annexation to the City on the following terms and conditions: (a) Payment of the City Water Connection Fee in the amount of Four Thousand Eight Hundred Dollars ($4,800.00) per unit payable at the time of the issuance of building permits for each unit. (b) Payment of the City Sewer Connection Fee in the amount of One Thousand Seven Hundred Forty-nine Dollars ($1,749.00) per unit payable at the time of the issuance of building permits for each unit. (c) Payment of City standard water and sewer service fees at the same rates as charged to City customers. (d) Owner shall bear the cost of constructing all infrastructure required to provide water and sewer service to the Project. (e) Owner shall pay the costs of the annexation of the Property to the Orange County Sanitation District. 3.5 Development Processing and Development Fees; Annexation Fees 3.5.1 Development Processing. Owner shall process the Project in the County prior to annexation of portions of the Property to the City. City agrees to cooperate with Owner with respect to the processing and issuance of permits required for public infrastructure work required within the jurisdiction of City. 3.5.2 Development Fees. The City may enter into an agreement with the County whereby County Development Fees, otherwise payable to the County as a condition to the issuance of development approvals for the Project would be paid to the City by Owner or County, as the case may be, upon annexation of the Property to the City. Annexation shall not be contingent upon such an agreement. 70030184.6 -6- 3.5.3 Annexation Fees. Owner agrees that upon the issuance of the residential building permits for the Project as set forth below, Owner shall pay the City Annexation Fees as follows: Annexation Fee at first building permit- $2,750,000 (1 unit) Annexation Fee per each individual unit in calendar year 2007 - $6,350+ $2,262 = $8,612 (estimated 149 units) Annexation Fee per each individual unit in calendar year 2008 - $6,350+ $2,376 = $8,726 (estimated 150 units) Annexation Fee per each individual unit in calendar year 2009 - $6,350 + $2,495 = $8,845 (estimated 49 units) 3.6 Annexation Proceedings 3.6.1 Owner, as the owner of the Property, has undertaken the necessary proceedings required by law to initiate the annexation of the Property to the City. Owner shall bear the costs of the processing of the annexation proceedings to be conducted by LAFCO. Owner further agrees to pay the cost of the City's processing of a general plan amendment, zone change and an amendment to the City's Local Coastal Program and implementing ordinances in order to conform to the City's development regulations to the Project Entitlements in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00). 3.6.2 City agrees to initiate negotiations for the exchange of property tax revenues as required by California Revenue and Taxation Code Section 99 within thirty (30) days of the effective date of this Agreement and proceed in good faith to complete negotiations within sixty(60) days thereafter. 3.6.3 City and Owner agree to cooperate in good faith in the processing of the annexation proceedings. It is understood and agreed that the only annexation of the Property to the City acceptable to the parties is a phased annexation with the completion of each phase of the annexation contingent upon the Owner having recorded a final vesting map covering the portion of the Property to be annexed and the issuance of building permits for all structures within the portion of the Property for which the annexation will be completed as permitted by the Project Entitlements. 3.6.4 Owner agrees to waive its right to protest the annexation of the Property to City and to protest the annexation fee, any fees set forth in this Agreement or any other City fees or charges relating to the provisions of services to the Property following the completion of the annexation to the City on the condition that the Orange County LAFCO has approved City's application to provide services to the Property in advance of annexation and further provided that the annexation of the Property will be completed in phases following the acquisition of vested rights as provided in Section 3.2 above. 70030184.6 -7- 4. GENERAL PROVISIONS 4.1 Cooperation and Implementation 4.1.1 Implementation. City represents that it will cooperate with Owner to the fullest extent reasonable and feasible to implement this Agreement. Owner shall, in a timely manner, provide City with all documents, plans and other information necessary for City to carry out its obligations hereunder. 4.1.2 Cooperation. In addition to any other requirements of this Agreement, the City agrees to make its best efforts to undertake the actions set forth in this Section 4.1.2, provided such actions shall not result in any cost or expense to the City(other than overhead and employee staff time). 4.2 Cooperation in Legal Action. In the event of any legal action instituted by a third party (not a party to this Agreement) or any governmental entity or official (other than the City or an official of the City), challenging the validity of any provision of this Agreement, or any City discretionary action relating to this Agreement or the development of the Project, the parties hereby agree to cooperate in defending said action; provided,however, Owner shall indemnify and hold harmless City from all damages and litigation expenses, including reasonable attorneys' fees and costs, arising out of any legal action instituted by such third party (not a party to this Agreement), or other governmental entity or official (other than City or an official of the City), including,but not limited to, any action brought by Golden State Water Company relating to the provision of water to the Property, in connection with such action. City shall promptly notify Owner of any such action and City shall cooperate in the defense thereof. Owner will conduct all defense at its sole cost and expense and City shall approve selection of Owner's counsel, provided that such approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Owner. 4.3 Enforceability 4.3.1 Default. Subject to Section 4.3.2, failure by any party to perform any term or provision of this Agreement required to be performed by such party shall constitute an event of default ("Event of Default"). For purposes of this Agreement, a party claiming another party is in default shall be referred to as the "Complaining Party," and the party alleged to be in default shall be referred to as the "Party in Default." A Complaining Party shall not exercise any of its remedies as the result of such Event of Default unless such Complaining Party first gives notice to the Party in Default as provided in Section 4.3.2, and the Party in Default fails to cure such Event of Default within the applicable cure period. 4.3.2 Procedure Regarding Defaults. 4.3.2.1 Notice Required. The Complaining Party shall give written notice of default to the Party in Default, specifying the default complained of by the 70030184.6 -8- Complaining Party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. 4.3.2.2 Right to Cure. The Party in Default shall diligently endeavor to cure, correct or remedy the matter complained of, provided such cure, correction or remedy shall be completed within the applicable time period set forth herein after receipt of written notice (or such additional time as may be deemed by the Complaining Party to be reasonably necessary to correct the matter). 4.3.2.3 Delay not a Waiver. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any Event of Default shall not operate as a waiver of any Event of Default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 4.3.2.4 Time to Cure. If an Event of Default occurs, prior to exercising any remedies, the Complaining Party shall give the Party in Default written notice of such Event of Default. If the Default is reasonably capable of being cured within thirty (30) days, the Party in Default shall have such period to effect a cure prior to exercise of remedies by the Complaining Party. If the nature of the alleged Default is such that it cannot practicably be cured within such 30 day period, the cure shall be deemed to have occurred within such 30 day period if(i) the cure is commenced at the earliest practicable date following receipt of the notice; (ii) the cure is diligently prosecuted to completion at all times thereafter; (iii) at the earliest practicable date (in no event later than 30 days after the curing party's receipt of the notice), the curing party provides written notice to the other party that the cure cannot practicably be completed within such 30 day period; and (iv) the cure is completed at the earliest practicable date. In no event shall the Complaining Party be precluded from exercising remedies if a Default is not cured within one hundred eighty(180) days after the first notice of default is given. 4.3.2.5 Termination of Agreement. Subject to the foregoing, if a Party in Default fails to cure an Event of Default in accordance with the foregoing, the Complaining Party, at its option, may terminate this Agreement, and/or institute legal proceedings pursuant to this Agreement. 4.3.3 Institution of Legal Action. Subject to notice of default and opportunity to cure under Sections 4.3.1 and 4.3.2, in addition to any other rights or remedies, any party to this Agreement may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with this Agreement. 4.4 Notices All notices or other communications required hereunder shall be in writing and shall be personally delivered (including by means of professional messenger service), or sent by registered or certified mail, postage prepaid, return receipt required, or by electronic facsimile transmission followed by delivery of a "hard" copy, and shall be deemed received on the date of 70030184.6 -9- receipt thereof. Unless otherwise indicated in writing, such notice shall be sent addressed as follows: If to the City: City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 With a copy to: City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 If to Owner: Signal Landmark 6 Executive Circle, Suite 250 Irvine, CA 92614 With a copy to: Roger A. Grable, Esq. Manatt, Phelps and Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, California 92626 4.5 No Third Party Beneficiaries This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 4.6 Time of Essence Time is of the essence for each provision of this Agreement of which time is an element. 4.7 Modification,Amendment or Extension Subject to any notice and hearing requirements imposed by law, this Agreement may be modified, amended and/or extended from time to time by mutual written consent of the City and Owner. 70030184.6 -10- 4.8 Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement has been entered into prevent or preclude compliance with one or more provisions of this Agreement (a) the party prevented from performance shall provide the other party with written notice of such state or federal restriction and a statement of the conflict with the provisions of this Agreement, and (b) Owner and the City staff shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement, but only to the minimum extent necessary to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an agreement on the effect of such law or regulation upon this Agreement, the matter shall be scheduled for hearing before the City Council. Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Owner, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council and shall be subject to the concurrence of Owner. 4.9 Cooperation in Securing Permits. The City shall cooperate with Owner in the securing of any permits which may be required as a result of such modifications or suspensions. 4.10 Indemnity 4.10.1 Owner to Indemnify. Owner agrees to and shall defend, indemnify and hold harmless the City, and its officers, agents, attorneys, employees and representatives from liabilityfor damage or claims for damage for personal injury including death and claims for g g p J Y g property damage which may arise from the acts of Owner or those of its contractors, subcontractors, agents, employees, or other persons acting on its behalf in connection with the Project. Owner will conduct all defense at its sole cost and expense and City shall approve selection of Owner's counsel, provided that such approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Owner. 4.10.2 Application to Damages. This indemnification and hold-harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the activities and development referred to in this Agreement, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, for such activities or development, including, but not limited to, damages caused by concurrent active or passive negligence, but excepting damages caused by the active negligence, sole negligence, or willful misconduct of the City. 4.11 Waiver No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of 70030184.6 -1 1- any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 4.12 Successors and Assigns Except as expressly provided to the contrary in this Agreement, the burdens and obligations of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement and all successors in interest to the Property or any portion thereof or any interest therein, and shall be covenants running with the land. 4.13 Governing State Law This Agreement shall be construed in accordance with the laws of the State of California. 4.14 Constructive Notice and Acceptance Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to ever r in provision contained herein whether or not an reference to this Agreement is contained in every � Y g the instrument by which such person acquired an interest in the Property. 4.15 Covenant of Good Faith and Fair Dealing No party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the benefits of this Agreement. 4.16 Covenant of Cooperation Owner and the City shall cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development of the Property which may be required from public agencies other than the City. Owner reserves the right to challenge any ordinance, measure, moratorium or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property. 4.17 Further Actions and Instruments The parties to this Agreement shall cooperate with and provide reasonable assistance to the other parties to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of the Agreement. 4.18 Section Headings All Article and Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 70030184.6 -12- 4.19 Enforced Delay(Force Majeure) 4.19.1 Force Majeure Defined. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, enactment of conflicting state or federal laws or regulations (but only if the party claiming delay complies at all times with the provisions of this Agreement pertaining to such conflicting laws), litigation brought by any third party (not a party to this Agreement), or similar bases for excused performance due to causes beyond the control of and without the fault of the party claiming an extension of time to perform. 4.19.2 Notice Requirement. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other parties within thirty (30) days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) days after it obtains actual knowledge of the event. Times of performance under this Agreement may also be extended in writing by the City. 4.19.3 Exception. Notwithstanding the first sentence of Section 4.19.2, the following shall apply: (i) Owner shall be entitled to a Force Majeure Delay for a period longer than the period of enforced delay if the City Council determines that such longer period is reasonably required; and (ii) Owner shall be entitled to a Force Majeure Delay notwithstanding the fact that Owner may not have given timely notice to the City, if the City Council determines that such Force Majeure Delay is reasonably required. 4.20 Severability Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and/or the rights and obligations of the parties hereto. 4.21 Interpretation The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and 70030184.6 -13- agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized. 4.22 Counterparts This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument. 4.23 Entire Agreement This Agreement consists of thirteen (13) pages and (exhibits (designated "A" through `B"), which constitute the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. SIGNAL LANDMARK, a California CITY OF HUNTINGTON BEACH, corporation a municipal corporation of the State of California _2 By: ,A ,// a,6 De-�a---e Raymond Pacini Mayor Its: President and Chief Executive Officer Cit Jerk APPROVED AS TO FORM: 1ty Attorney I �, REVIEWED AND APPROVED: INITIATbD AND APPROVED: - �')' /L/j/ I ity Adnflnistrator Deputy City Ad istrator ,;� 70030184.6 -14- ATTACHMENT #5 RESOLUTION NO. 2005- 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING A SURPLUS OF WATER EXISTS FOR PRE-ANNEXATION WATER SERVICE TO CERTAIN UNINCORPORATED REAL PROPERTY ADJACENT TO THE CITY BOUNDARY AND WITHIN THE CITY'S SPHERE OF INFLUENCE WHEREAS, Signal Landmark, a California corporation("Signal") owns certain unincorporated real property(the "Subject Property")that is generally located adjacent to the westerly boundary of the City and within the City's Sphere of Influence, and more particularly described in the legal description and sketch attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein; and Signal has applied to the Orange County Local Area Formation Commission for annexation of the Subject Property into the City; and Signal has requested the City to provide water to the Subject Property prior to annexation for a limited period of time for construction related purposes such as fire prevention, dust control, and other activities (the "Pre-annexation Water Service"), after which said provision of water shall be discontinued if annexation is not completed; and Huntington Beach Municipal Code Section 14.16.180 provides that it is unlawful for the City Water Department to sell water to consumers outside the city, or to allow any consumer outside the city to use any water furnished by the city system unless the City Council shall by resolution determine and declare a surplus of water exists in excess of that required by the inhabitants of the city; and The City Council is informed that a limited surplus supply of water is available to provide the Pre-annexation Water Service for a limited period of time prior to annexation, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and declare that a surplus of water exists in excess of that required by the inhabitants of the city, and that such surplus may be sold to provide the Pre-annexation Water Service. PASSED AND ADOPTED by the CitysQuncl of the City..of Huntington Beach at regular meeting thereof held on December 1 2th, 2005. Mayor Y L. APPROVED AS TO FORM: REVIEWED AND APPROVED: y Attorne U ity Admi strator z D AND APPROV D: irector of Public Works G:Resolutions:2005:Water Surplus EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 A parcel of land located in the Unincorporated Territory of the County of Orange, State 2 of California, being portions of Section 28 and Section 29, Township 5 South, Range 11 3 West, more particularly described as follows: 4 Beginning at an angle point in the existing boundary of the City of Huntington Beach, 5 as established by the Signal Bolsa No. 1 Annexation, Certified by the Secretary of State 6 by Resolution No. 3359 ; said angle point being the northerly terminus of that certain 7 course described as "N34°02'21"W 604.70 feet", a tie to said point bears North 8 77'29'52" East, 1954.40 feet from Orange County Horizontal Control Station GPS 9 0085, having a coordinate value (U.S. Survey foot) of North 2206819.933 and East 10 6014382.725, based upon the California Coordinate System (CCS 83), Zone VI, 1983 11 NAD (1991.35 epoch OCS GPS Adjustment), as said monument is shown on Record of 12 Survey 97-1000 recorded in Book 169, Pages 25 to 36 of Record of Survey, Records of 13 Orange County. 14 15 THENCE along the existing boundary of the City of Huntington Beach as created by 16 said Signal Bolsa No. 1 Annexation and the Shea Homes Reorganization, Resolution 17 No. RO 03-01, through various courses in a general southeasterly, easterly, southerly, 18 1 westerly and southwesterly directions to the northeasterly terminus of that certain 19 course shown as N63°40'29"E 458.38', on the southerly line of An Irrevocable Offer of 20 Dedication to the State of California, recorded December 5, 2005 as Instrument No. 21 2005-00970073 of Official Records. 22 THENCE leaving said existing City boundary and continuing along said southerly line 23 the following courses: South 63°40'29"West 458.38 feet; 24 THENCE North 26°28'20"West 44.90 feet; 25 THENCE North 84°23'57"West 214.27 feet; Page 1 of 4 EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 THENCE North 89°37'43"West 231.10 feet; 2 THENCE North 76°04'29"West 147.84 feet; 3 THENCE North 83°12'49" West 77.68 feet; 4 THENCE South 63°40'29 West 45.83 feet; 5 THENCE North 79°37'30" West 176.65 feet; 6 THENCE North 69°09'43" West 74.39 feet; 7 THENCE North 76°35'16" West 65.36 feet; 8 THENCE North 63°22'35" West 106.11 feet; 9 THENCE North 87°44'48' West 28.27 feet; 10 THENCE South 86*10'09"West 123.11 feet; 11 THENCE North 51°47'02' West 158.76 feet to the beginning of a non-tangent curve 12 concave northeasterly and having a radius of 215.00 feet and a radial bearing of South 13 02`34'17"East; 14 THENCE northwesterly along said curve 250.69 feet through a central angle of 15 66°48'26"; 16 THENCE North 58°16'43" West 218.56 feet to the beginning of a non-tangent curve 17 concave northeasterly and having a radius of 1218.00 feet and a radial bearing of South 18 35°08'02" West; 19 THENCE northwesterly along said curve 324.25 feet through a central angle of 20 15*15'10" to the beginning of a non-tangent curve concave southwesterly and having a 21 radius of 154.00 feet and a radial bearing of North 62°59'02"East; 22 THENCE northwesterly along said curve 124.52 feet through a central angle of 23 46°19'36"; 24 THENCE North 34°37'04" West 37.53 feet; 25 THENCE North 54°27'20" West 27.51 feet; Page 2 of 4 EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 THENCE North 59°34'35" West 67.58 feet; 2 THENCE North 58'46'10"West 66.66 feet ; to the beginning of a curve concave 3 northeasterly and having a radius of 139.00 feet; 4 THENCE northwesterly along said curve 121.99 feet through a central angle of 5 50°17'02"; 6 THENCE North 00°47'46"East 6.85 feet; 7 THENCE North 49°43'42" West 662.71 feet; 8 THENCE North 00°00'00"East 433.03 feet to the most northwesterly corner of said 9 Irrevocable Offer of Dedication, said point also being on the existing boundary of the 10 City of Huntington Beach as established by the Huntington Harbour Parcel 3A 11 Annexation, Certified by the Secretary of State by Ordinance No. 934; 12 THENCE leaving the boundary of said Irrevocable Offer of Dedication, and continuing 13 easterly along said existing City boundary, the existing City boundary as established by 14 the Bolsa Chica No. 5 Annexation, Certified by the Secretary of State by Ordinance No. 15 1188 and the existing City boundary as established by Signal Bolsa No. 1 Annexation, 16 Certified by the Secretary of State by Resolution No. 3359, to the POINT OF 17 BEGINNING. 18 19 Unless otherwise noted, all distances are ground and are based upon the California 20 Coordinate System (CCS 83), Zone VI, 1983 NAD (1991.35 EPOCH OCS GPS 21 Adjustment). To obtain grid distances, multiply the ground distances by 0.99997703 22 23 24 The above-described parcel of land contains 111.46 acres, more or less. 25 Page 3 of 4 EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 All as shown on Exhibit "B" attached hereto and by this reference, made a part thereof. 2 3 4 This document was prepared by me or 5 under my direction and supervision. 6 7 Dated this LAday of 2005 8 Q LAND ��gy1P�CA g9�FL� 0 -' .12/31/06 E x 10 Wanda Bale L.S. 7695 NO.7695 11 My license expires 12-31-06 q OFCP`� 12 13 14 This document does meet the approval of 15 the Orange County Surveyor's Office 16 17 Raymond L. Mathe, County Surveyor 18 Dated this ~day of ,�- , 2005 �A^� N 19 0 , 20 * RS.6135 ER 3-31-06. 21 mond L. Mathe, County Surveyor 22 L.S. 6185, My license expires 3-31-06 23 24 25 Page 4 of 4 EXHIBIT "B" SIGNAL LANDMARK REORGANIZATION NO. RO 05-60 ANNEXATION TO THE CITY OF HUNTINGTON BEACH LEGEND % > J E— ~ X x x x x x x N 1 E X 1 ST i NG CITY OF HUNT I NGTON z BEACH BOUNDARY 1.9 N J v ANNEXATION BOUNDARY - NOTE w-= - - - - - ---+- -- _ .0.8. dos pAros nR '--_-- THIS ANNEXATION CONTAINS 111.46 ACRES +/— T1E t,R101 t 3� s , �7 34 UNLESS OTHERWISE i19`-�36 4 D`42 TH 1 S MAP ARE GROUND (MEASUREMENTS. TO SHEET2 ,g5A.A0 n s v a OBTAIN THE GRID DISTANCE BASE ON THE 2g• 52 , CALIFORNIA COORDINATE SYSTEM. (CCS83) N 7?� g ZONE VI NAO 1983 (1991.35 EPOCH O.C.S. GPS ADJUSTMENT). MULTIPLY GROUND DISTANCE 6 BY 0.99997703. APN: 110-015-21. 110-015-23 � IL Shy O.C.S. STA. GPS NO. 0085 �pNOA PER R.S. 97-1000. R.S.B 169/25-36 PREPARED BY ME OR UNDER MY DIRECT N2206819.933 ' SUPERV t S I ON E6014382.725 SHEET 3 � 12/EXP.12/3v06 ' WANDA BALE. L.S. 7695 `fl9 ' MY LICENSE EXPIRES 12/31/2006 lF OF L _ THIS PROPOSAL DOES MEET THE APROVAL OF THE MANGE COON SURVEYORS OFFICE. DATED T �' = DAY 00t c>4 k � . 2005. D L. MATHE. COUNTY SURVEYOR .S. 6185. MY LICENSE EXPIRES 03/31/2006 ��,��,0 W 6185 N * E>I�.3r3vos Sl �� T 'jE OF C SCALE 17 = 4W INDEX MAP U 0 COUNTY OF ORANGE RESOURCES&DEVELOPMENT MANAGEMENT DEPT. s GEOMATICS 1 LAND INFORMATION SYSTEMS 4.00' ol 400' 800' Fog � �sN.FWWER A CA.,RM.3 52 (714)834-3868 SHEET 1 OF 3 R005-60.dgn 1216/20051:53:02 PM al Cal ad WWI --- '` it 1 , i W 1�� ' CITY OF HUNTINGTON BEACH >) �' ;�^• - _� BOLSA CHICA NO..5 XATION TO THE HATING ION ORD. N0.9PARCEL 3-A Zi }-.__ of �_ _ (Al I la J, CITY OF HUNTINGTON BEACH v+ - k N=----------------- — LOS_PATOSOR_ -—-—-— ------ -�- -—'----- ---�-------- ----- � I , S89.19'23E 2633.47' _LINE TABLE (S89°51'53'w) NO. BEARING LENGHT ES89.42'30w] L18 N87.44.'48"M 28.27' m L 19 S86.10'09"1r 123.11' A T 1E e7 G� L20 N51.47'02"w 158.76- ` GR10� 36 L21 N58.16'43"w 218.56' :' 1g5A.A0' t195A• L22 N34:37'04'W 37.53 APN• 110-015-21 N TT.29' 521E L23 N54 27 20 W 27.5t L24 N59.34'35'1Y 67.58'; m 125 N58.46'10"w 66.66' z L26 1400.47'46"E 6.85` CURVE TABLE O.C.S. STA. GPS NO. 0085 NO. RADIUS DELTA LENGTH �990 PER R.S. 97-1000, R.S.B 169/25-36 Cl 215.00' 66.48'26" 250.69' 9� N2206819.933 C2 1218.00' 15.15'10" 324.25' 9 �6 /,�-- ` E6014382.725 M C3 154.00' 46.19'36" 124.52' s� / �i r- C4 139.00' 50.17'02" 121.99' \ W ( I = PER CITY OF HUNTINGTON BEACH .iLa HUNTINGTON HARBOUR PARCEL 3-A ANNEXATION ORD. NO.934 N81.30_44'E_(RAO) E 7 - PER BOLSA CHICA NO.5 ANNEXATION , SEE DETAIL A TO THE I T HUNTINGTON UNTINGTON BEACH ` HERON ORD.O t L22 N62059_02'E 154_00'_(RAO) N81 30 44'E IRAO) LEGEND � L25 i N50.23'1t"E 1218.00' (RAO) L26 EXISTING CITY IF HUNTINGTON 4f IN ' BEACH BOUNDARY _ S t 6_39_26' _I RAO I., I ANNEXATION BOUNDARY C� S35008_02'w_(RAO) �y J � DETAIL A � SLY LINE � / EXHIBIT nBn � INSTRUMENT NO. 2005000970073� f A.L 11 1 , SIGNAL LANDMARK REORGANIZATION NO.RO 05-60 ANNEXATION TO THE CITY OF HUNTINGTON BEACH N ?/ ` / _F (7� T N64_23_-- _(RAD),-�- SCALE I" = 200' LI9 LI8 U RANGE RESOURCES&DO DEVELOPUNTY MENT MANAGEMENT DEPT- 200' O' 200' 400' s GEOMATICS/LAND INFORMATION SYSTEMS S020 34_17'E _t RAQ), ? �LI Po aoo SANTAAN� ST.�, 252 (714)834 3sss 92703 SHEET 2 OF 3 R005-60.dgn 12/6/2005 10:38:53 AM c�E -sT- ( P.O.B. i - E ---�-- � 'F- 589.19'23E ANNEXATION TO THE ORID) GPS 11E B 1 3 4 5 A LINE TABLE CITY OF HUNTINGTON BEACH t19`�36 2 3 N0. BEAR i NG LENGHT REC. BEARING REC.LENGHT ORO.NO. 1188 1,354.4@ , ' :; . N TT•29. SZE ��%P t (�- 5 4 L 1 S89.58 31 M 156.06 1 S89 58 29 MI) (155.96 ) • L2 S32.44'08'1r 47.05' tS32-53'40"w) ( 47.24' ) �yeei ° ° ao L 3 S44.40'44"MI 172.30' (S44.49'13"W) (172.30') eW, 16 1jy' F L4 557.28'22"w 150.89' (S57.36 54 W) (150.89 ) rn SIGNAL BOLSA NO. I ANNEXATION L5 S29.29'19"W 37.58' t S29.37'50'W) c 37.58'). TO THE CITY OF HUNTINGTON BEACH L6 S17.58'38"11 231.15' (S18.07'10-W) (231.15' ) C �,~ �' RES. N0. 3359 L 7 S26.28'03"E 93.86' t S26.19'31"E) t 95.04') 'o L8 N26.28'20"M 44.90' t G L9 N84.23'57411 214.27' LID N89.37'43"M 231.10' L11 N76.04'29M 147.84' N89.58'30-E 777.07' L 12 H83.12'49"w 77.68' N [N89.58'I7"E ' _ ._ . 773.00'] � L13 563.40'29'K- 45:83' m ' L14 N79.37'30"w 176.65' a L15 N69.09'43"1N 74.39' W L16 N76.35'160M 65.36' 1 t .1 N L t 7 N63 22 35" H :`•• . ' MI 1' T I Aw;MN.8i ;L Lib N87.44'48"1M 28.27' 0,196 o' SCALE r = 2(10' ,. [ 1 = PER SIGNAL BOISA N0. 1 ANNEXATION 200' 0` 200' 400' "�• ,.. • ..,_, i at PC TO THE CITY OF HUNTINGTON BEACH RES. NO. 3359 = PER SHEA HOMES RE-ORG. (RO 03-81) mm TO THE CITY OF HUNTINGTON BEACH LI ' APN- 110-015-23 APN- 110-015-21 L2 LEGEND EXISTING CITY OF HUNT I NGTON BEACH BOUNDARY A L5 SHEA HOMES RE-ORG. (RO 03-01) ANNEXATION BOUNDARY TO THE CITY OF HUNTINGTON BEACH S'LY LINE 40EXHIBIT "B" INSTRUMENT NO. 2005000970073 SIGNAL LANDMARK REORGANIZATION NO.RO 05-60 LI8 �. ANNEXATION TO THE CITY OF HUNTINGTON BEACH LAP �G Lib L7 F 0 L15 . 0 (1 COUNTY OF ORANGE L13 3a U RESOURCES&DEVELOPMENT MANAGEMENT DEFT L 14 Aye Gpt s GEOMATICS/LAND INFORMATION SYSTEMS Liz LI2 L9 L8 Po 300SANTAAN. wNA,CA-'9 03 (71�834 3868 S SHEET 3 OF 3 R005-60.dgn 1216/200510:39:13 AM j s O 6 7 Sunset Aquatic U v o z Regional Park Bolsa Chica EDINGER AVE. I � N N HUNTINGTON i HARBOUR r I j s HEIL AVE. z EAST GARDEN GROVE WINTERSBURG FLOOD CONTROL CHANNEL N Z � WARNER AVE. LOS`PATOS AVE. BRIGHTWATER---= =- PPER BENCH OF(U NEB [�-,]TER .OLSA CHICA MESA) N Huntington Central �p Park BENCH OF BOLS '� 10ERT AV6. OF BOLSA CHICA MESA / r Lv O O �l r O e tii :GARFIELD]AVE. Harriett Weider SEPe�\Nj Regional Park (Future) A9� PACIFIC OCEAN q� ham. LEGEND BRIGHTWATER PROJECT AREA fi PLANNED COMMUNITY BOUNDARY 0 COASTAL ZONE BOUNDARY COUNTY-HUNTINGITON BEACH BOUNDARY BRIGHTWATER Vicinity Map 0 600 1200. -of hARTH%DE HomEs Res. No. 2005-78 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L.FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 12th day of December 2005 by the following vote: AYES: Bohr, Sullivan, Hardy, Cook NOES: Green, Coerper, Hansen ABSENT: None ABSTAIN: None Ci Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #6 RESOLUTION NO. 2005- 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CITY'S APPLICATION TO THE ORANGE COUNTY LOCAL AREA FORMATION COMMISSION FOR AN OUT OF AREA SERVICE AGREEMENT TO PROVIDE PRE-ANNEXATION SERVICES TO CERTAIN UNINCORPORATED REAL PROPERTY ADJACENT TO THE CITY BOUNDARY AND WITHIN THE CITY'S SPHERE OF INFLUENCE WHEREAS, Signal Landmark, a California corporation("Signal") owns certain unincorporated real property(the "Subject Property")that is generally located adjacent to the westerly boundary of the city and within the City's sphere of influence, and more particularly described in the legal description and sketch attached hereto as Exhibit"A" and incorporated by this reference as though fully set forth herein; and Signal has applied to the Orange County Local Area Formation Commission("LAFCO") for annexation of the Subject Property into the City; and The City desires to provide certain pre-annexation services to the Subject Property; and California Government Code Section 56133 states that a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries only if it first requests and receives written approval from LAFCO, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the City Council approves the City's application to LAFCO for an out of area service agreement to provide pre-annexation services to the Subject Property, and requests LAFCO'S written approval of the agreement pursuant to California Government Code Section 56133. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on December 1 2 t h2005. Zrz 4 �- Mayor APPROVED AS TO FORM: REVIEWED AND APPROVED: 4ittyAttorn�e'y ' C ACI�fityAd�mfiiistrator INITI AN PPROVED: i Deputy City AdnXistrator G:Resolutions:2005:Approve OAS Agreement Application EXHIBIT "A Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 A parcel of land located in the Unincorporated Territory of the County of Orange, State 2 of California, being portions of Section 28 and Section 29, Township 5 South, Range 11 3 West, more particularly described as follows: 4 Beginning at an angle point in the existing boundary of the City of Huntington Beach, 5 as established by the Signal Bolsa No. 1 Annexation, Certified by the Secretary of State 6 by Resolution No. 3359 ; said angle point being the northerly terminus of that certain 7 course described as "N34'02'21"W 604.70 feet", a tie to said point bears North 8_ 77°2952" East, 1954.40 feet from Orange County Horizontal Control Station GPS 9 0085, having a coordinate value (U.S. Survey foot) of North 2206819.933 and East 10 6014382.725, based upon the California Coordinate System (CCS 83), Zone VI, 1983 11 NAD (1991.35 epoch OCS GPS Adjustment), as said monument is shown on Record of 12 Survey 97-1000 recorded in Book 169, Pages 25 to 36 of Record of Survey, Records of 13 Orange County. 14 15 THENCE along the existing boundary of the City of Huntington Beach as created by 16 said Signal Bolsa No. 1 Annexation and the Shea Homes Reorganization, Resolution 17 No. RO 03-01, through various courses in a general southeasterly, easterly, southerly, 18 westerly and southwesterly directions to the northeasterly terminus of that certain 19 course shown as N63°40'29"E 458.38', on the southerly line of An Irrevocable Offer of 20 Dedication to the State of California, recorded December 5, 2005 as Instrument No. 21 2005-00970073 of Official Records. 22 THENCE leaving said existing City boundary and continuing along said southerly line 23 the following courses: South 63°40'29" West 458.38 feet; 24 THENCE North 26°28'20"West 44.90 feet; 25 THENCE North 84°23'57"West 214.27 feet; I Page 1 of 4 EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 THENCE North 89`37'43'West 231.10 feet; 2 THENCE North 76°04'29"West 147.84 feet; 3 THENCE North 83"12'49"West 77.68 feet; 4 THENCE South 63°40'29"West 45.83 feet; 5 THENCE North 79°37'30"West 176.65 feet; 6 THENCE North 69"09'43"West 74.39 feet; 7 THENCE North 76'35'16" West 65.36 feet; 8 THENCE North 63°22'35" West 106.11 feet; 9 THENCE North 87°44'48' West 28.27 feet; 10 THENCE South 86°10'09"West 123.11 feet; 11 THENCE North 51°47'02' West 158.76 feet to the beginning of anon-tangent curve 12 concave northeasterly and having a radius of 215.00 feet and a radial bearing of South 13 02°34'17"East; 14 THENCE northwesterly along said curve 250.69 feet through a central angle of 15 66°48'26"; 16 THENCE North 58'16'43" West 218.56 feet to the beginning of a non-tangent curve 17 concave northeasterly and having a radius of 1218.00 feet and a radial bearing of South 18 35'08'02" West; 19 THENCE northwesterly along said curve 324.25 feet through a central angle of 20 15*15'10" to the beginning of a non-tangent curve concave southwesterly and having a 21 radius of 154.00 feet and a radial bearing of North 62°59'02"East; 22 THENCE northwesterly along said curve 124.52 feet through a central angle of 23 46'19'36"; 24 THENCE North 34°37'04" West 37.53 feet; 25 THENCE North 54°27'20" West 27.51 feet; Page 2 of 4 EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 THENCE North 59°34'35"West 67.58 feet; 2 THENCE North 58*46'10" West 66.66 feet ; to the beginning of a curve concave 3 northeasterly and having a radius of 139.00 feet; 4 THENCE northwesterly along said curve 121.99 feet through a central angle of 5 50°17'02"; 6 THENCE North 00°47'46"East 6.85 feet; 7 THENCE North 49°43'42" West 662.71 feet; 8 THENCE North 00"00'00"East 433.03 feet to the most northwesterly corner of said 9 Irrevocable Offer of Dedication, said point also being on the existing boundary of the 10 City of Huntington Beach as established by the Huntington Harbour Parcel 3A 11 Annexation, Certified by the Secretary of State by Ordinance No. 934; 12 THENCE leaving the boundary of said Irrevocable Offer of Dedication, and continuing 13 easterly along said existing City boundary, the existing City boundary as established by 14 the Bolsa Chica No. 5 Annexation, Certified by the Secretary of State by Ordinance No. 15 1188 and the existing City boundary as established by Signal Bolsa No. 1 Annexation, 16 Certified by the Secretary of State by Resolution No. 3359, to the POINT OF 17 BEGINNING. 18 19 Unless otherwise noted, all distances are ground and are based upon the California 20 Coordinate System (CCS 83), Zone VI, 1983 NAD (1991.35 EPOCH OCS GPS 21 Adjustment). To obtain grid distances, multiply the ground distances by 0.99997703 22 23 24 The above-described parcel of land contains 111.46 acres, more or less. 25 Page 3 of 4 EXHIBIT "A" Signal Landmark Reorganization No. RO 05-60 Annexation to the City of Huntington Beach 1 All as shown on Exhibit "B" attached hereto and by this reference, made a part thereof. 2 3 4 This document was prepared by me or 5 under my direction and supervision. 6 7 Dated this day of , 2005 8 �Q �-p'ND SIj,Q' PICA Bq� GF 9 -' Exp.12131/06 10 Wanda Bale L.S. 7695 NO.7695 11 My license expires 12-31-06 q . OF CP�-� 12 13 14 This document does meet the approval of 15 the Orange County Surveyor's Office 16 17 Raymond L. Mathe, County Surveyor 18 Dated this �- day of t. ,x , 2005 P 19 20 * L.S.6185 P.3.31-06. 21 mond L. Mathe, County Surveyor OF CP 22 L.S. 6185, My license expires 3-31-06 23 24 25 Page 4 of 4 EXHIBIT "B" SIGNAL LANDMARK REORGAN17ATION NO. RO 05-60 ANNEXATION TO THE CITY OF HUNTINGTON BEACH N LEGEND; 3 W K 4/ W V �- W N N EXISTING CITY OF HUNTINGTON H US Z Z BOUNDARY BOIARY Vf J Z W to a3 ANNEXATION BOUNDARY i ' NOTE _—_ lOS PATOS OR -� THIS ANNEXATION CONTAINS 111.46 ACRES +!- 101 573 GR23 G" UNLESS OTHERWISE NOTED. ALL DISTANCES ON lt9`� TH IS MAP ARE GROUND MEASUREMENTS. TO SHEET 2 Ig5AA0 ; , OBTAIN THE GRID D I STANCE BASE ON THE N 7T.29' S2 E a • CALIFORNIA COORDINATE SYSTEM. (CCS83) c e ZONE VI NAD 1983 (1991.35 EPOCH O.C.S. GPS ADJUSTMENT). MULTIPLY GROUND DISTANCE a BY 0.99997703. APN: 110-015-21. 110-015-23 LAND Spp` O.C.S. STA. GPS NO. 0085 �•t►S�p11oA PER R.S. 97-1000. R.S.B 169/25-36 PREPARED BY ME OR UNDER MY DIRECT N22068I9.933 SUPERV I S 1 ON E6014382.725 SHEET 3 7695 * EXP.12/3V06 ,k WANDA BALE, L.S. 7695 sj .Z.! ' MY LICENSE EXPIRES 12/31/2006 9tr OF CA1.yE0� L _ THIS PROPOSAL DOES MEET THE APROVAL OF THE ORANGE COON SURVEYORS OFFICE. DATED T DAY OF`Z2 cati. � . 2005. MOND L. MATHE. COUNTY SURVEYOR .S. 6185. MY LICENSE EXPIRES 03/31/2006 ���`'JONQ (• �9y��o wm N EXP.3/3V06 s �e T rjf OF SCALE r = 4W INDEX MAP ,S b� U COUNTY OF ORANGE 1R ITRCES&DEVELOPMENT MANAGEMENT DEPT. EOMATICS 400' 0' 400' 800' /LAND INFORMATION SYSTEMS �L �q+�FOg $°°NTN.AA_NA,�'�o3 RX (714)s34-sass SHEET 1 OF 3 R005-60.dgn 12/6/2005 1:53:02 PM 3a � I L_ CITY OF HUNTINGTON BEACH , 1>I ai �, 1 ANNEXATION BOLSA CHL N THE jf'— Hm"TINGTON HARBOUR PARCEL 3-AJi! a• � __,441 � la I wR% ANNEXATION ORD. N0.934 �' - CITY OF HUNTWGTON .81:ACH ' =d� I I ( ORD.NO.11�8 --..� -- ------------- --LOS PATOS OR - ------ --- -N ---- - -- -------- ----- I ---- --- --- ;-- S89.19'23E 263147' LINE TABLE (S89.5P53*W) NO. BEARING LENGHT ES89.42'38"wl LIS N87.44'48"w 28.27' m L 19 S86.10'09"w 123.11' M GPS -VIE L20 N51.47'02"w 158.76' �101 L21 N58.16'43"w 218.56' ® , 40. t\954 L22 N34.37'04"w 37.53, m •29' SrE L23 N54.27'20"w 27.51' m APN• 110-015-21 NTT L24 N59.34'35"w 67.58' m L25 N58.46'10"w 66.66' Z - 1.26 N00.47'46"E 6.8V CURVE TABLE O.C.S. STA. GPS NO. 0085 NO. RADIUS DELTA LENGTH �9" PER R.S. 97-1000, R.S.8 169/25-36 « Cl 215.00' 66.48'26" 250.69' 93 N2206819.933 C2 1218.00' 15.15'10" 324.25' 9�'� _ \ E6iD14382.725 ' 0 154.00' 46.19*360 124.52' IC41 139.00' 50.17702" 121,99' Lai .- - t ) = PER CITY OF FITINGTON BEACH N HUNTINGTON HARBOUR PARCEL 3-A / / ANNEXATION ORD. NO.934 ' N$1_ 0_44_ _LR.l►t2I - E ] • PER BOLSA CH ICA NO.5 ANNEXATION ' SEE DETAIL A ' 9• TO THE CITY OF HUNTINGTON BEACH HEREON ORD.NO.1188 \\ L2 1-22 NQ2_59 02 E_ 154_00 (RAD) N81_30_44_E _(RAQ l \ L25 ��'SO-23 WE 1218.00' HUD) / L26 LEGEND ��---�L23 1 EXISTING CITY OF HUNTINGTON C3 �� BEACH BOUNDARY S�6_39_26_w_c RAQ I-' ANNEXATION BOUNDARY cam' S35_Q8_Q2_w_tRI1Ql n� - � \ DETAIL A � � 51Y LINE � EXHIBIT B INSTRUMENT No. 2ta05000970073` �I SIGNAL LANDMARK REORGANIZATION NO.RO 05-60 ANNEXATION TO THE CITY OF HUNTINGTON BEACH0 T SCALE 1" = 2W Li9 _ U COUNTY F ORANGE RESOURCES&DEVELOPMENT MANAGEMENT DEPT. 200' 0• 200' 400' '���� LI8 GEOMATICS/LAND ROPORMATION SYSTEMS _*Q2_34_17_E _tRADI----+ � �Lr p 30p N.SAMM FLOWER CA 92R 03 (n�834 3ss8 SHEET 2 OF 3 R005-60.dgn 12/6/200510:38:53 AM Q 3 P.0.8. t 1(( 589•!9'23"E ---- 2633.4 .- --- --------�-- --------------��A1�-� _ i ANNEXATION TO THE GRIM Gp5 TtE B 1 4 5 A LINE TABLE CITY OF HUNTINGTON BEACH iq ORO.NO.1188 .36 2 3 s NO. BEARING LENGHT REC. BEARING REC-LENGHT r J L 1 S89.58'31"w 156.06' (S89.58'29'w) c 155.96' ) N TT•Zg �J'�yeAA7 ,�� L2 S32.44'08"w 47.05' tS32.53'40"w) t 4T.24' ) �'•es� '' ° ^ GoL3 $44.40'44"w 172.30' (S44.49'13'w) (172.30') e�e�tt` 16 15 F L4 S57.28'22"w 150.89' t S57.36'54"w) (150.89') F SIGNAL BOLSA N0. I ANNEXATION 1,5 S29.29'19'w 37.58' (S29e37'500w) ( 37.58')_ espy TO THE CITY OF HUNTINGTON BEACH L6 S17.58'38"w 231.15' tS18.07'10"w) (231.15') e�6. C N L' RES. NO. 3359 L 7 S26.28'03"E 93.86' (S26.19'31"E) ( 95.04' ) L8 N26.28'20"w 44.90' G L9 N84.23'57"w 214.27' L10 N89.37'43"w 231.10' L11 N76.04'29"w 147.84' N89.58'30'E TT3T77..000'7' L12 N83.12'49'w 77.68' a - IN89.58'i7"E ( _ ._ . 3 L13 S63 40 29"w- 45.83 i L14 N79.37'30"w 176.65' vt ;:;7 115 N69.09'43"w 74.39' ui W L16 N w 76.35'16" 65.36' LIT N63.22'35"w 106.11' T ) 4916»::87 0 i m m L I S N87.44'48"w 28.27' -- m m SCALE r = 2W 'sue•. I to t ? = PER SIGNAL BOLSA N0. f ANNEXATION •�:• �; TO THE CITY OF HUNTINGTON BEACH 200' 0' 200' 400' -••_; �,cmREs. No. 3359 PER SHEA HOMES RE-ORG. (RO 83-01) mm TO THE CITY OF HUNTINGTON BEACH ' L1 APN* 110-015-23 APN* 110-015-21 - L2- LEGEND EXISTING CITY OF HUNTINGTON BEACH BOtINOARY A L5 SHEA HOMES RE-ORG. (RO 03-61) ANNEXAT ION BOUNDARY TO THE CITY OF HUNTINGTON BEACH S'LY LINE EXHIBIT "B" INSTRUMENT NO. 20050009700?3 SIGNAL LANDMARK REORGANIZATION NO.RO 05-60 LIS ANNEXATION TO THE CITY OF HUNTINGTON BEACH G GN OF u6 L? , w�N'�� �4 - o US OUNTYOFORANGE L13 N tG RESOURCES&DEVELOPMENT MANAGEMENT DEPT. L I4 A t� s GEOMATICS 1 LAND INFORMATION SYSTEMS LIT LII ct G p �. L� I E9 L8 6.�eA0 r� �* jFog 30 N.FW ER S .,RM. 2 03 52 (714)834.3868 S SHEET 3 OF 3 R005-60.dgn 12/6/200510:39.13 AM 0 \ _ o z o Sunset Aquatic' u y v z Regional Park I m \\ j Balsa Chico �I EDINGER AVE. \ �%HUNTING N \I ? HARBOUR \�\\ \/�`� HEIL AVE. H y � O z EAST GARDEN GROVE WINTERSBURG FLOOD CONTROL CHANNEL WARNER AVE LOS`PATOS BRIGHTWATER VUPPER BENCH OF OLSA CHICA MESA) Huntin g o Ao`. Central ton _ oC , �F1,GG Park LOWER BENCH OF BOLSA CHICA MESA \ 1p,BERT AVE 0' Cy��Oic EWS V I s\py� � �tii ��_GARFIELD AVE. \� h� I Harriett Weider / Regional Park (Future) \� PACIFIC OCEAN � LEGEND BRIGHTWATER PROJECT AREA \ \` �— PLANNED COMMUNITY BOUNDARY ——— COASTAL ZONE BOUNDARY COUNTY-HUNTINGITON BEACH BOUNDARY BRIGHTWATER Vicinity Map -----� } �^yr��s7 o?�,� 0 500 1200 .., e Res. No. 2005-79 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L.FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 92th day of December 2005 by the following vote: AYES: Bohr, Sullivan, Hardy, Cook NOES: Green, Coerper, Hansen ABSENT: None ABSTAIN: None Cit Jerk and ex-officio Merk of the City Council of the City of Huntington Beach, California ATTACHMENT #7 ZOO Orange County Local Agency Formation Commission tiz >> 12 Civic Center Plaza, Room 235 a Santa Ana, CA 92701 TEL (714) 834-2556 FAX 714 834-2643 This form is to be used for applying to the Orange County Local Agency Formation Commission for a city or district annexation, reorganization, detachment, or a sphere of influence amendment. To facilitate your preparation of the required materials, a pre- application meeting with LAFCO staff is encouraged. The meeting can be used to address applicant questions, Commission polices, timing, boundaries, and other application issues. LAFCO staff looks forward to assisting you with your project. Please fill out this application completely. If a question does not apply to your proposal, PP indicate "N/A" Orange County LAFCO is a "paperless"office. It is important that you list all email addresses where indicated on the application. Correspondence, staff reports, resolutions and other LAFCO forms and mailings, whenever possible, will be distributed electronically. APPLICATION FOR: (check all that apply) ❑ Annexation to: ❑ Detachment from: ❑ Reorganization (2 or more changes of organization) of: ® Other (explain): Out of Service Area Agreement for water and sewer service to be provided by the City of Huntington Beach to the unincorporated Brightwater Development site. ❑ *Sphere of Influence Amendment for: *If requesting a sphere of influence amendment, please answer the following three questions: 1. Why is a sphere of influence amendment needed? 2. How would a sphere of influence affect the present and future need for services in the project area? 3. How would a sphere of influence amendment impact social and economic communities of interest in the project area? GENERAL DESCRIPTION OF PROPOSAL: What changes of organization are included? What agencies are involved? etc. The City of Huntington Beach would provide water and sewer service to the Brightwater Development site, located in unincorporated Orange County, prior to its annexation into the City of Huntington Beach. Water service would be provided to facilitate grading and construction. Sewer service would be required several months later as construction proceeds. STATEMENT OF JUSTIFICATION: Explain the purpose of each request or change of organization. Explain how the proposal provides more logical boundaries or improves the provision of service. An application to annex the Brightwater Site has been filed with LAFCO by the proiect developer. Until such time that the property is annexed, it is more efficient for the City of Huntington Beach to provide water and sewer service to the site because of the subiect site's location. The property is directly adiacent to the City's corporate boundary on two sides, which have already been developed with similar uses. Thus, the existing infrastructure easily can be extended to serve the new development. WHO INITIATED THIS PROPOSAL? Please select one from the drop-down list: City Council Applications can be initiated by either: (1) a petition signed by five percent of the affected landowners or five percent of the affected registered voters from the annexing area, or(2) a resolution by the legislative body of an affected city, county or special district. The following is attached to this application form: ❑ Resolution (please attach) ❑ Landowner Petition (please attach) ❑ Registered Voter Petition (please attach) LOCATION AND ADDRESS OF PARCEL(S): 17201 Bolsa Chica Street - South of Warner Avenue and Los Patos Avenue, and west of Bolsa Chica Street. LIST OF ASSESSOR PARCEL NUMBERS: (Available from the Orange County Assessor) 110-016-14, 110-016-15, 110-016-16, 110-016-24 and 110-016-32 MAP AND LEGAL DESCRIPTION: A map and legal description of the proposal (even if prepared by a private engineering firm) must be submitted directly to the Orange County Surveyor for review and final approval. An application can be filed with LAFCO without a map and legal, but a proposal cannot be scheduled for LAFCO hearing prior to receipt of a County Surveyor-approved map and legal description. You may contact the County Surveyor at the Resources and Development Management Department, Geomatics/Land Information Systems Division, at (714) 834- 4378. A map and legal description has been: ❑ Certified by the County Surveyor and is attached to this application. ❑ Submitted for review to the County Surveyor. ® Other (please explain) To be provided by property owner. APPLICANT'S REPRESENTATIVE (if any): Name: City of Huntington Beach City Council Address: 2000 Main Street, Huntington Beach, CA 92648 Phone: 714-536-5482 FAX: 536-5233 email: pemery surfcity-hb.org Contact Person: Paul Emery Title: Deputy City Administrator PROPERTY OWNER(S): If more than two property owners for proposal area, please provide the name, address and contact information, on a separate page. Name: Hearthside Homes Address: 6 Executive Circle, Ste. 250, Irvine, CA 92614 Phone: 949-250-7700 FAX: 250-7705 email: emountford(a)hearthsi de-homes.com Name: Address: Phone: FAX: email: SUBJECT AGENCIES THAT WILL GAIN OR LOSE TERRITORY: A "subject agency"means each city or district for which a change of organization or reorganization is proposed. If more than three subject agencies, please provide the names and information on a separate page. Name: Address: Phone: FAX: email: Contact Person: Title: Name: Address: Phone: FAX: email: Contact Person: Title: Name: Address: Phone: FAX: email: Contact Person: Title: AFFECTED AGENCIES IN PROPOSAL AREA: An affected agency is a city or district with overlaying boundaries or spheres of influence. If more than three affected agencies, please provide the names and information on a separate page. Name: Orange County Sanitation District Address: PO Box 8127, Fountain Valley, CA 92728-8127 Phone: 714-962-2411 FAX: 714-962-0356 email: jr(cbocsd.com Contact Person: Jim Ruth Title: Interim General Manager Name: Orange County Fire Authority Address: 1 Fire Authority Road, Irvine, CA 92602 Phone: 714-573-6000 FAX: 714-368-8840 email: MicheleHernandez( ocfa.org Contact Person: Michele Hernandez Title: Strategic Services Name: Address: Phone: FAX: email: Contact Person: Title: INTERESTED AGENCIES: Interested agencies are cities or districts which provide the same facilities or services in the proposal area that a subject agency will provide. If more than two interested agencies, please provide name and information on a separate page. Name: County of Orange Address: 300 N. Flower St., 3rd Ar., Santa Ana, CA 92703-5000 Phone: 714-834-5394 FAX: 834-6132 email: ron.tippets(d)pdsd.ocgov.com Contact Person: Ron Tippets Title: Chief, Pubic Projects Section, Env. Planning Serv. Div. Name: Address: Phone: FAX: email: Contact Person: Title: PERSONS REQUESTED TO BE NOTIFIED: If more than two names, please provide the names and information on a separate page. Name: Address: Phone: FAX: email: Name: Address: Phone: FAX: email: REGISTERED VOTER/PROPERTY OWNER MAILING LIST: Government Code Section 56661requires that landowners within the proposal area, and registered voters both within the proposal area and within 300 feet of the exterior boundary of the property, be notified of a LAFCO hearing at least 21 days in advance of the hearing that includes a proposed reorganization., Orange LAFCO policy requires the applicant to provide mailing labels, envelopes and appropriate postage as part of the application submittal. The following notification information has been provided (check all that apply): ❑ Address labels for registered voters/property owners within proposal area and within 300 feet of exterior boundary ❑ Mailing envelopes with appropriate postage ® Application does not require registered voter/property owner notification Explanation: Project does not constitute a proposed reorganization. SCHOOL DISTRICTS: Please list school district(s) affected by the proposal. School District: Address: Phone: FAX: email: Contact Person: Title: School District: Address: Phone: FAX: email: Contact Person: Title: OUESTIONNAIRE: Please respond to aH items in the following questionnaire. Indicate N/A when a question does not apply. Any additional information pertinent to the application should be included with the application at the time of submittal. I. LANDOWNER CONSENT Have all property owners involved with the proposal given their written consent? YE If es lease complete Property Owner Consent Form Attachment 1. S ) ® ( yes, P P Y Already submitted by property owner ❑ NO (If no, please provide the name, address, and Assessor's Parcel Numbers of those property owners not consenting.) II. LAND USE Acreage of Proposal. 105.3 acres Site Information: PREZONING OR ZONINGLAND USE DESIGNATION vacant County: County: CURRENT: Planned Community Suburban Residential City: City: not completed not completed residential and County: County: open space Planned Community Suburban Residential PROPOSED: City: City: specific plan residential and open space Surroundin Land Uses: ZONINGLAND USE DESIGNATION • residential County: County: NA NA NORTH: City: City: Residential Low Residential Low Density Density open space County: County: SOUTH: Open Space Open Space Reserve City: City: NA NA residential and open County: County: space NA NA EAST: City: City: Residential Low Residential Low Density Density open space County: County: Planned Suburban Residential WEST: Community City: City: NA NA A. The proposal area is entirely or partially within the sphere of influence of all of the following: CITY: Huntington Beach SPECIAL DISTRICTS: B. Describe any land use entitlements or permits approved or pending for the proposal area: California Coastal Commission Coastal Development Permit No. 5-05-020 County of Orange Tentative Tract Map PA 05-0053 C. Describe any public easements/oil well operations/major highways/watercourses/ topographical features: NA D. Number of acres considered Prime Agricultural Land*: 0 acres *As defined by the Soil Conservation Services (i.e., being prime, unique, or of statewide importance) AND by Government Code Section 51201(c) and 56064 E. Number of acres considered Agricultural Lands*: 0 acres *As defined by Government Code Section 56016 III. DEMOGRAPHICS A. Number/Type of Dwelling Units within the proposal area: Existing: 0 Proposed: 349 single family units B. Is the proposal area considered "inhabited" (i.e. do more than 12 registered voters reside on the territory/property)? ❑ YES ® NO C. Describe how the proposal will assist the City and/or the County in achieving their respective fair shares of the regional housing needs as determined by the appropriate council of governments (Government Code Section 56668): NA IV. PLAN FOR PROVIDING SERVICES Describe the services that are provided or are to be L3rovided to sub"ect propert Describe Approximate Current Proposed Level/Range of Date Service ProposedService Service Service of be Method to Service Provider Provider Service Provider Available Finance Water County of City of Provide water service April 2006 NA Orange Huntington to facilitate grading Beach and construction Sewer County of City of Provide sewer June 2006 NA Orange Huntington service to facilitate Beach construction Police NA NA NA NA NA Fire NA NA NA NA NA Public NA NA NA NA NA Works Parks & NA NA NA NA NA Recreation Other NA NA NA NA NA Services list What effect will this proposal have on the type or level of services both within and outside the proposal area? There will be no negative effect. The City can adequately serve the area for purposes of grading and construction. V. SPECIAL REVENUES A. Do agencies whose boundaries are being changed have existing bonded debt? ❑ YES ❑ NO If yes, please describe: B. Will the territory be subject to any new or additional special taxes, benefit charges, or fees? ❑ YES ❑ NO If yes, please describe: C. Is the city/district requesting an exchange of property tax revenues as the result of this proposal? ❑ YES ❑ NO If yes, is a master property tax exchange agreement applicable to this jurisdictional change? ❑ YES ❑ NO VI. ENVIRONMENTAL ANALYSIS A. Who is the "lead agency" for this proposal? City of Huntington Beach B. What type of environmental document has been prepared? ❑ None - Categorically Exempt - Class: ❑ Environmental Impact Report (If an EIR has been prepared, attach the lead agency's resolution listing significant impacts anticipated from the project, mitigation measures adopted to reduce or avoid significant impacts, and a Statement of Overriding Considerations, if adopted.) ❑ Negative Declaration (please attach) ❑ Mitigated Negative Declaration (please attach) ® Subsequent Use of Previous EIR: California Public Utilities Commission EIR (SCH No. 99071049) included Alternative 1: Connection to the City of Huntington Beach Water System. This EIR also discusses the on-site sewage system for the project that would tie into the County line and therefore not affect City sewer service lines. VII. INDEMNIFICATION As part of this application, the applicant is required to sign an Indemnification Agreement which is included as Attachment 2. Until this agreement is signed, LAFCO cannot formally schedule a proposal for Commission consideration. VII. FINAL COMMENTS A. Describe any terms and/or conditions that should be included in LAFCO's resolution of approval. B. Provide any other comments or justifications regarding this proposal. C. Note any changes in the approved project that are not reflected in these materials. Attach any pertinent staff reports and supporting documentation related to this proposal. The following supplemental documentation is attached: VIII. CERTIFICATION I certify, under penalty of perjury by the laws of the State of California, that the information contained in this application is true and correct. I acknowledge and agree that the Orange County Local Agency Formation Commission is relying on the accuracy of the information provided and my representations in order to process this application proposal. Signature: Name: Title: Date: ATTACHMENT 2 Indemnification Agreement As part of this application, applicant and real party in interest, if different, agree to defend, indemnify, hold harmless, and release the Orange County Local Agency Formation Commission, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the Orange County Local Agency Formation Commission, its agents, officers, attorneys, or employees. Executed at California on the day of 2 APPLICANT By: Title: Mailing Address: APPROVED AS TO FOR M JENNIFER McGRATH,City Attorney REAL PARTY IN INTEREST (if different from Applicant) By: See Attachment By Paul D'Alessandro Assistant City Attorney Title: Mailing Address: { ATTACHMENT 2 Indemnirication Agreement As part of this application, applicant and real party in interest, if different, agree to defend, indemnify, hold harmless, and release the Orange County Local Agency Formation Commission, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the Orange County Local Agency Formation Commission, its agents, officers, attorneys, or employees. 1� Executed at , California on the day of DCr., 2J'O. APPLI A T By, Title: _ Mailing Address: REAL PARTY IN INTEREST (if different from Applicant) By: Title: Mailing Address: RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Approve Pre-Annexation Agreement with Signal Landmark (Hearthside Homes),adopt resolution declaring water exists for pre- annexation water service and adopt a resolution approving the application to Local Agency Formation Commission(LAFCO)for an Out of Service Area Agreement COUNCIL MEETING DATE: December 12, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pp Y Y Y) Not Ap licable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable z Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( PP ) Not Applicable s/Conditions for Approval and/or Denial Attached ElFindin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ( ) ( ) rCity Clerk ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Emery PF Sender Account Number Preprint Format No. Payment Origin W II u r Sender will be fifled 2 304-©97ili _ _12� 1� BfdeSS mBdted DlhervdBe `� ` 0 3 4 5 4 0 Bill t s FROM(Company) Accourd No(Regwred d 3rd Pady) SerViCIS CITY: 'T�!V AC i�l�t T f�, #� #� Receiver 3rd Party-�' ' .-' -�- _ TYPe _. be checked. Stre"B. CIT O 14UNTIKTO SEACi7 _. ❑ ❑ One box must assume noon i �t�e rf �t �s �pT Paid in Check ArrwDnt unless noted. 2000- nAI S REE ❑Advance No; �,t n 10,30 am City State ZIP CODE(,equired); Billing Reference(will appear on invoice) B tm q ergB. NTINGTON BEAC Sent by(Name/Dept), Phone(Iequi—d) u Df Pkgs , eight(LBS)WPackaging One box gut be checked Amur® nval P� Padaglrig / 3 bs� On- U z ❑ ❑ . .. PF TO(Company) PLEASE PRINT NEATLY�1 Slpe�cilal Instructions J { I Saturday Delivery ❑ LJ�acharge HGId at DHL Not avaitable for all services *Servio Street Address y and locations. ME +t� !/LC ��• �X ❑ ❑ �bY �(y Lab Pack Service destination, GQD visit www.dhl-usa.com JJJ �„(Fteq„ulrQci) .,�- Shipment Valuation ABSEENNTA Its u�SHIPMENT VALUATION PER Aal le LIMITED /t✓"` (p I SIII{ppR1B(If V81U0 QQ 51ne PENPACKAGE,Oe.LIMIT D1. .. P(etection ❑ $ WHICHEVER IS LESS,SPECIAL OR Attention:(Name/Dept) CONSEQUENTIAL DAMAGES ARE NOT .. A �@g ) RECOVERABLE. TERMS AND S Payment Details Card) CON ON REVERSE SIDE OF THIS 5© r� snows tcri0on wow-wEGOTwBLE WAYBILL No. 1 D e DHL Signature Date Type Expires e r 'gnature -=_-- -- c DHL Wogdwide F�press,Inc., Auth. 200 South Pine Island Road, c Plantation,FL 33324 SENDER'S COPY t 8�Cali-DHL .j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 14, 2006 Roger A. Grabel, Esq. Manatt, Phelps and Phillips, LLP 695 Town Center Drive, 10 Floor Costa Mesa, CA 92626-7223 Dear Mr. Grabel: Enclosed for your records is a copy of PreAnnexation Agreement By and Between the City of Huntington Beach and Signal Landmark, A California Corporation. Sincerely, Joan IL. RyAnn ") City Clerk JF:pe Enclosure: Agreement G:foIIowup:agrmtltr 1 Telephone:714-536-5227) i, CITY OF HUNTINGTON BEACH oil 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 14, 2006 Signal Landmark 6 Executive Circle, Suite 250 Irvine, CA 92614-6732 To Whom It May Concern: Enclosed for your records is a copy of PreAnnexation Agreement By and Between the City of Huntington Beach and Signal Landmark, A California Corporation. Sincerely, J4") Joan L. lynn City Clerk JF:pe Enclosure: Agreement cc: Manatt, Phelps & Phillips, LLP G:followup:agrmtltr (Telephone:714-536-5227) ► This Document was electronically recorded by First American Title_B Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder RECORDING REQUESTED BY IfInItIII�III�I�IIIlI�I1�I NO FEE AND WHEN RECORDED RETURN TO: 2005001018773 11:30am 12/21/05 ..1 117 8 G0211 WILDLIFE CONSERVATION BOARD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1807 13"Street Suite 103 Sacramento,CA 95814 Attn: Executive Director SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR DECLARES: This document is recorded at the request of and for the benefit of the State of California and therefore is exempt from the payment of a recording fee pursuant to California Government Code §27383 and from payment of documentary transfer tax pursuant to California Revenue and Taxation Code § 11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SIGNAL LANDMARK, successor by merger to Signal Bolsa Corporation, a California corporation ("Grantor") hereby GRANTS TO THE STATE OF CALIFORNIA ("Grantee") that certain real property in the County of Orange, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference(the"Property"): EXCEPTING AND RESERVING UNTO GRANTOR a temporary construction easement on and over the property described in Exhibit B attached hereto and incorporated by this reference ("Construction Easement") for the purpose of storing construction equipment and carrying out the widening of Warner Avenue, which adjoins the Construction Easement. The Construction Easement shall automatically terminate and be of no force or effect the earlier of completion of the widening of Warner Avenue or two years from the date of this Grant Deed. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the date indicated. Dated: October , 2004 "GRANTOR" SIGNAL LANDMARK, successor by merger to Signal Bol a Corporation,a Cali 'a corporation By: I nd J. Paci President and Chief Executive Officer 298775_1.DOC 1. STATE OF CALIFORNIA ) ) ss COUNTY OF On(--) gj1.9 q before me, the undersigned, Notary Public in and for said County and State, personally appeared �ry�ly� _, Notary , personally known to me-oF to be the person!} whose named is/;$e subscribed to the within instrument, and acknowledged to me that he/oe/Vy executed the same in his/ljr/tfXir authorized capacity(, and that by his/l/r/d/ir signature(4 on the instrument the personVi, or the entity upon behalf of which the person(�acted, executed the instrument. Y, WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) NOTARY PUBUC�� COd1mWw*1401576 Maksy hMe•COMORW owngo cw* 91mV Comm.ExpMw Fib 21,2007 248775_L DOC 2, GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: S.YEARRY DATE COMMISSION EXPIRES: FEB 21,2007 COUNTY WHERE BOND IS FILED: ORANGE COMMISSION NUMBER: 1401576 MANUFACTURER/VENDOR NUMBER: NNA1 PLACE OF EXECUTION: SANT A DATED: 12-21-05 SIGNATURE: ED L E .H.1 EE�Zn1 1�1R > EXHIBIT A fMrt-ZO[LARX INC J30 fACh.nyq Suite 200•Irviac,CA 92607-1315 • 714.734.5100 phone •714.734.SISS lax (will sollon.rw,. 10-0680-01(A) 03-29-04 LEGAL DESCRIPTION BOLSA CMCA MESA-LOWER BENCH Real property situated in the Unincorporated Territory of the County of Orange, State of California, described as follows: That portion of Parcels I and 2 of Certificate of Corripliance No. CC 92-01 recorded September.2, 1992 as Instrument No. 92-589755 of Official Records in the office of the s County Recorder ofaid County,described as follows: Beginning at the most-Westerly corner of the Northwest portion of said Parcel l; thence South 89'12'47" East 2261-21 feet along the Northerly line of said Northwest portion and the Northerly line of the Northwest portion of said Parcel 2;thence[caving the Tortherly . .line of said Parcels 1 and 2 South 00100`00" West 433:03 feet; thence South 49"43�42" East 662.7I feet; thence South O'4746 West 6.85 feet to the beginning of anon-tangent curve concave Northeasterly having a radius of 139:00 feet,.a radial lime of said curve to said point bears South 81'3W52" West; thence Southeasterly-121.99 feet along said curve through a central angle of 56°17'02'; thence South 58°46`10" East 66.66 feet; thence South 59'34'35" Past-677,58 feet; thence South 5V27'20" East 27.51 feet; thence South 34°37'04" East 37.53 feet to the begiunitig of a non-tangent,curve concave Southwesterly having a radius of 154.00, feet, a radial line of said curve to said point bears North 16'39'26" East; thence Southeasterly 124.52.feet along said curve through a central angle of 46'19'36" to the beginning of a non-tangent curve concave.Northeasterly having a radius of 1218.00 feet, a radial .lice of said curve to,said.point bears South-50'23'11" West; thence Southeastedy. 324.25 feet along said curve through a central angle of 15°15'-10'; thence non-tangent South:58*1.6'43" East 218.56 feet to the beguuung of a non4angent curve concave Northeasterly having a radius of 215.00 feet, a radial line of said curve to. said point bears South 64'I8'37" West; thence Southeasterly 250.69 feet along said curve.through a central angle of 66'48%";.thence non-tangent South 51'47'02 East 158.76 feet to the general Northerly Fine of"Conveyance B" of that certain Grant Deed to the State of California recorded February. 14, 1991 as Instrument, No. 19910069448 of said Official Records-, thence along said general Northerly line, the following courses: South 86010'09" West 94.17 feet, South 59"17'29" West .119.63 feet, South 41"01'30" West 43.91' feet, .South 46026'55" West 38.46 feet, South 64'55'15" -West 62.52 feet, South 59018'01' West 453b feet; South 64'03'25" West 48.93 feet, South 59"28'19" West 49.34 feet, South 52"24'32" West 87.39 feet, South 48'35'33" West 88.16 feet, South 42'43'12" West 75.54 feet, South 59°l 1'48" West 61.27 feet, South 47003*22" 'West 15.13 feet, South 55"54'18" West 68.68 feet, South 59"10'56" .qfr 0-0680-0 11&4/bo1CnatcsVnjd/z c West 299.54 feet, South 72°37'48" West 88.28 feet, South 66027'30" West 96.71 feet, South 56*32'47 West 107.44 feet, South 43033'42" West 226.40 feet, and South 47009'21" West 235.29 feet to the Southwesterly line of said Northwest portion of Parcel 1; thence along said Southwesterly line, the following courses: North 39032'29" West 2657.33 feet and North 32°08'29" West 955.35 feet to the point of beginning. EXCEPTING therefrom that portion described in. the Final Order of Condemnation in favor of the Ocean View School District of Orange County recorded October 21, 1966 in Book 8083, Page 89 of said Official Records. Containing an area of 103.197 acres,more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. �p t IAKa y�0 is f. al . sG 0 a' NO. 5557 ° EXp- 09/3010.5 A F. GILLEN, PLS 5557 A j N E a OF Cl�t1kOQ g110-0680-01/ /iwkhnxsa/mjd/xk SHEET I OF 3 z� in WARNER AVENUE --� t C—R7Tlf to r9 OF COMPLW Atf\ AV. CC 92-01 + SEE SHEET 2 �s`�� pCl 2 (ALSO! �R7bN) l (ALS�Y. PORr�A�J tic'. D2-M9165, D.R. 8 SEE SHEET 3. Y � OWN a� cf Of c�10F 7� 2 0� OF ti99 Q�'g � .i oKj�t to 'r 1 7 <^ n H0. 5557 EXP. 9/30/05 SFEET [ANC!/Y1--+ W Of CA l REMSED 4-02-04. HUITIF—ZOLLAJIS SKETCH TO ACCOMPANY � -i" = 6�' A LEGAL DESCRIPTION °1LW BY DAO Hc/It-2crar k� . kvho 430 c-xctwoe, &Ae 200. kNk-^ CA 92W2-IM BOLSA CHiCA MESA — a��n ar►,t.1D (7W 734-6= Fox(7W)734�Ms LOWER BENCH 3/29/04 lS.5557 '�'`"a 10-0680-01