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HomeMy WebLinkAboutApprove Conditional Use Permit No. 02-04/Coastal Development Council/Agency Meeting Held: �9 0 Deferre ontinued to: 1/ - 01! -OS /6L ar ❑Approved ❑ Conditionally Approved ❑ Denied C y erk's gnature lou Council Meeting Date: October 17, 2005 Department ID Number: 0PLOi2 CITY OF HUNTINGTON BEACH 4 -- REQUEST FOR ACTION rn CO SUBMITTED TO: HONORABLE MAYOR AND CITY`qOUNCIL MEMBER -- SUBMITTED BY: PEN�6PE CLBRETH-GRAFT, City Administrator PREPARED BY: HOWARD ZELEFSKY, Planning Director ROBERT F. BEARDSLEY, PE, Direct o c Works SUBJECT: APPROVE CONDITIONAL USE P R IT . 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05 (SEAWATER DESALINATI PROJECT) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: On September 7, 2005 the City Council certified Recirculated Environmental Impact Report No. 00-02 and continued Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 to the October 17, 2005 meeting. The City Council directed staff to further review and provide additional information on the benefits of the project to the City as well as further address pipeline construction. This report discusses the pipeline issues and land use- related benefits. Other economic benefits are addressed in a separate report. Funding Source: Not applicable. Recommended Action: STAFF RECOMMENDATION: Motion to: 1. "Approve Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 to permit the Seawater Desalination Project with staff recommended findings and conditions of approval (Attachment No. 1)." 2. "Approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations (Attachment No. 2)." 3. "Approve the Mitigation Monitoring and Reporting Program (Attachment No. 3)." REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL06-32 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Approve Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 to permit the Seawater Desalination Plant with Planning Commission straw vote findings and conditions of approval (Attachment No. 2 to the September 6, 2005 staff report)." 2. "Deny Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 with findings for denial. (Attachment No. 3 to the September 6, 2005 staff report)" 3. "Continue Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 and direct staff accordingly." Analysis: This report discusses construction of the proposed water transmission line as well as the land use-related benefits of the project to the City. The overall project is described in greater detail in the September 6, 2005 staff report on Conditional Use Permit No. 02-04 and i Coastal Development Permit No. 02-05 (Attachment No. 6). WATER TRANSMISSION LINE One of the components of the project is an underground water transmission pipeline proposed to connect the desalination project to the closest regional distribution line located in Costa Mesa (Attachment No. 4). The segment located within Huntington Beach would be approximately four miles long, one mile of which would be within the Coastal Zone boundary, and would be located entirely within the existing public right-of-way along Newland Street, Hamilton Avenue, Brookhurst Street, and Adams Avenue based on the primary alignment proposed. The pipeline would be 42 to 48 inches in diameter. The discussion below covers six topics: 1. Mitigation measures, standard construction requirements and additional public outreach related to pipeline construction; 2. Comparison of the project pipeline with that of the Orange County Sanitation District (OCSD); 3. Other pipeline construction; 4. Dewatering; 5. Adjacency to ASCON; and 6. Major Intersection Crossings PL05-32PoseidonCUPWP(cont) -2- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 Mitigation Measures, Standard Construction Requirements and Additional Public Outreach The following are mitigation measures (MM) in the certified Recirculated Environmental Impact Report No. 00-02 for the Seawater Desalination project as well as standard construction requirements, which address the proposed off-site water transmission line. As demonstrated by the list, there are numerous provisions that would help to minimize pipeline construction impacts. Mitigation Measures 1. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction related activities will be subject to, and comply with, standard street use requirements imposed by the City of Huntington Beach, County and other public agencies, including the use of flagmen to assist with haul truck ingress and egress of construction areas and limiting the large size vehicles to off-peak commute traffic periods. For all work done in the City of Costa Mesa, the project applicant shall receive approval from the Costa Mesa Public Services Department. (MM-CON 33) b. During periods of heavy equipment access or truck hauling, the Contractor will provide construction traffic signage and a construction traffic flagman to control construction and general project traffic at points of ingress and egress and along roadways that require a lane closure. (MM-CON 35) c. Excavation for the proposed project shall implement dewatering activities in compliance with NPDES regulations. Pumped groundwater shall be sampled, tested, and (if deemed necessary) treated prior to discharge. (MM-GEO 3) 2. Prior to the excavation process for pipeline construction, the contractor shall coordinate with the County of Orange's Integrated Waste Management Department in order to ensure that proposed pipeline construction does not impact drainage of the former Cannery Street Landfill. (MM-CON 28) 3. Studies to evaluate the potential for landfill gas (LFG) generation and migration will be completed prior to issuance of grading permits. Appropriate mitigation measures will be coordinated with the South Coast Air Quality Management District, Solid Waste Local Enforcement Agency, Regional Water Quality Control Board, and the City of Huntington Beach Fire Department. Mitigation measures could entail active or passive extraction of LFG to control surface and off-site migration and passive barriers with vent layers and alarm systems below trenches and within 1,000 feet of the former Cannery Street Landfill boundary. A comprehensive monitoring network will be established along the pipeline alignment adjacent to the landfill. Approved periodic monitoring of the monitoring network will be performed. (MM-CON 30) PL05-32PoseidonCUPCDP(cont) -3- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 4. A Traffic Management Plan (TMP) shall be prepared and implemented to the satisfaction of the affected jurisdiction within which the facilities are to be constructed when the facilities are to be located where construction would affect roadways. The TMP shall include, but not be limited to, the following measures: (MM-CON 31) a. Limit construction to one side of the road or out of the roadbed where possible; b. Provision of continued access to commercial and residential properties adjacent to construction sites; c. Provide alternate bicycle routes and pedestrian paths where existing paths/ routes are disrupted by construction activities, if any, and prior to initiating construction, the public shall be notified as to which bicycle routes will be disrupted and when construction will commence; d. Submit a truck routing plan, for approval by the City of Huntington Beach, County, and other responsible public agencies in order to minimize impacts from truck traffic during material delivery and disposal; e. Prior to any partial or full closure on a street within the city of Costa Mesa's limits, a detour plan shall be submitted to the city for approval by the City Transportation Services Manager. Where construction is proposed for two-lane roadways, confine construction to one-half of the pavement width. Establish one lane of traffic on the other half of the roadway using appropriate construction signage and flagmen; f. The TMP shall be approved by affected agencies at least two weeks prior to construction. The applicant shall submit the TMP to Caltrans and the City of Costa Mesa at the 90-percent design phase; g. Construction activities shall be coordinated with other construction activity taking place in the affected area(s); and h. Provide for temporary parking, where necessary, during installation of pipelines within the AES site. 5. The Contractor shall obtain the necessary right-of-way encroachment permits and satisfy all permit requirements. Nighttime construction may be performed in congested areas. Also, any nighttime construction activities shall have prior approval by the City of Huntington Beach Department of Public Works. Any nighttime construction activities in the City of Costa Mesa shall receive approval from the Public Services Director. (MM-CON 34) 6. Prior to the commencement of any directional boring for water conveyance pipeline implementation, the applicant shall prepare a Frac-Out Contingency Plan. The plan shall establish criteria under which a bore would be shut down (e.g., loss of pressure, loss of a certain amount of returns) and the number of times a single bore should be allowed to frac-out before the bore is shut down and reevaluated. It will also clearly state what measures will be taken to seal previous frac-outs that have occurred on a given bore to ensure that it does not become the path of least resistance for subsequent frac-outs. Additionally, the site-specific Frac-Out Contingency Plan will be prepared and reviewed by the City Engineer and appropriate resource agencies prior to each major bore. (MM-CON 41) PL05-32PoseidonCUPCDP(cont) -4- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 7. Prior to issuance of grading permits, the following shall be completed: a. Prior to issuance of any permit, the applicant shall enter into a Franchise agreement with the City for the generation and transport of product water from the site, and through and across the city's streets, rights-of-way or properties. (PW) (MC 3.44) b. Improvement Plans for all offsite water transmission lines within the limits of the City of Huntington Beach shall be designed and prepared by a licensed Civil Engineer showing a plan and profile of the improvements. Said plans shall be submitted on mylar sheets to the Public Works Department for review and approval. Trenchless construction methods will be utilized to cross roadways sensitive to traffic disruption and drainage channels as deemed necessary by the Public Works Department. (PW) c. Conflicts between the routing for all offsite water transmission lines and other existing or proposed utilities, facilities or public infrastructure shall be identified and mitigated on the water line improvement plans. (PW) d. Traffic Control Plans prepared by a Licensed Civil or Traffic Engineer shall be submitted to the Public Works Department for review and approval for offsite pipeline construction or any other work within the City's right-of-way. (PW) Standard Construction Requirements The following additional items are standard construction requirements related to pipeline construction. These requirements, which are required for the City's contractor currently constructing the OC-9 water pipeline, are specified on bid documents and construction plans and would be applicable to the water delivery pipeline proposed by Poseidon Resources Corporation. 1. Scope and Control of Work: The applicant shall give at least 24 hours advance notice prior to start or resume work. 2. Utilities: Prior to construction, the location of all known underground utilities or substructures of every nature will be determined to protect them from damage. 3. Utilities: All utilities crossings shall be potholed, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 4. Contractor's Equipment and Facilities: A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. 5. The Contractor shall comply with the State Water Resources Control Board (SWRCB) Order No. 99-08-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002. The Contractor shall prepare and submit a Notice of Intent (NOI) and a Notice of Termination, (NOT) and pay all associated fees in accordance with the General Permit Requirements and Conditions. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for review and approval by the City of Huntington Beach. PL05-32PoseidonCUPCDP(cont) -5- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 6. Cleanup and Dust Control: Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day over the streets in and around the job site or haul routes to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. Additional sweeps shall be made as necessary or as directed by the City to remove tire tracking or accumulated materials. 7. Protection and Restoration of Existing Improvements: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinklers systems, signs, utility installation, pavements, and structures) which are damaged or removed as a result of his operations. 8. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. 9. Traffic and Access: The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocations of the traffic control devices. 10. Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. 11. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones," and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. 12. Warning Signs: Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, steel plates, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the application phase of work and shall be placed in advance on all streets approaching the work zone. 13. Street Closures, Detours, Barricades: Construction Traffic Control Plans shall be prepared in accordance with the Agency's latest Traffic Control Plan Preparation guidelines and shall be reviewed and approved by the Engineer. 14. Trench Excavation: When backfilling operation of an excavation in the travel way cannot be properly completed within a work day, steel plate bridging with a nonskid surface and shoring may be required to preserve unobstructed traffic flow. Steel plate bridging shall be installed to operate with minimum noise. Temporary paving with cold asphalt concrete shall be used to feather the edges of the plate. Fine graded asphalt concrete shall be PL05-32PoseidonCUPCDP(cont) -6- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 compacted to form ramps, maximum slope of 8.5% with a minimum of twelve (12") inches taper to cover all edges of the steel plates. 15. Unless specified, use of steel plate bridging at any given locations should not exceed four (4) consecutive working days in any given week. Trench plates need to be set flush with pavement and secured in place for any duration over four(4) days upon approval of the Engineer. 16. Landscape and Irrigation Installation: The contractor shall contact an I.S.A. Certified Arborist to trim the street trees as necessary to clear all construction equipment and the extent of their reach during the construction process. In addition the street trees shall be trimmed where traffic will be diverted during construction. 17. All damaged trees shall be replaced at the direction of the City Landscape Inspector/Arborist with two (2) each 24" box trees for each tree damaged. 18. All landscaped areas affected by construction activities shall be returned to their original state, be it sod lawns, containerized ground coverings, five gallon shrubs and/or 24" box trees. In addition, all irrigation systems shall be made functional or augmented to provide 100% coverage for re-establishment and continuing maintenance. 19. Painting: Temporary centerline or median stripes for traffic control shall be placed at the completion of each days work to provide for night delineation for traffic separation. 20. At no time shall the street be open to traffic without delineation to separate opposing traffic. Temporary delineation type shall be at the inspector's discretion. 21. The contractor shall provide written evidence to the City that all the necessary pipe and related pipeline materials are available and dedicated for delivery prior to starting any pipeline work. Public Outreach The applicant has also indicated that they will complete the following two items prior to pipeline construction: ■ Before the pipeline design is initiated the Applicant shall complete public meetings with the residents of the neighborhoods along the pipeline route to gain public comments and input regarding specific concerns and issues that need to be reflected in the pipeline design. ■ A minimum of two weeks in advance of any construction activities along a given City street, the residents of this street shall be informed personally by visits and/or mail regarding the anticipated daily schedule of construction activities, street traffic conditions, any alternative access routes and the time of various construction activities. In addition, a local office address, phone number, and contact person will be clearly delineated on any and all information. PL05-32PoseidonCUPCDP(cont) -7- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 Comparison to OCSD Sewer Line Concern has been expressed regarding the desalination project water transmission line possibly creating the same or similar adverse impacts that the OCSD sewer line project has had on the surrounding neighborhoods. There are at least four significant differences between the two transmission lines: 1. The OCSD sewer line is nine feet (108") in diameter whereas the desalination water transmission line is four feet (48") in diameter (i.e. two times smaller). Excavation and installation of the larger, deeper 108" sewer line required, in some areas, full street closures due to very large construction equipment and a wide trench width. The width of the 48" water pipeline trench and somewhat smaller construction equipment will require closures of one or two lanes. As a result, the inconvenience of the construction of the water line on the city streets and surrounding areas will be significantly less than that caused by the disruption of the sewer line. The pipeline route was selected by the applicant to use wide arterial roads to the maximum extent in order to minimize community disruption. 2. The OCSD sewer line flows by gravity and therefore required construction at greater depths (20 to 35 feet deep) to allow for adequate slope (i.e. as the pipe moves closer to the ocean, the OSCD trench becomes deeper). In contrast, the desalination water transmission line would be pressurized and, not dependent on gravity, could be constructed at much shallower depths (8 to 10 feet deep). Due to the depth of groundwater, the dewatering process used by OCSD consisted of drilling a line of dewatering wells along each side of the trench, lowering the groundwater to approximately two feet below the trench bottom. The groundwater table, thus, was lowered approximately ten feet. This major dewatering technique would not be expected to be necessary for Poseidon's pipeline since its proposed pipeline would be approximately at or slightly above the groundwater elevation. 3. Construction of the product water line within the city limits would take approximately 8 months, which would be 33 percent less that the 12 month timeline for the construction of the sewer pipeline. This is because (1) the water pipeline trench would be significantly smaller (i.e. the excavation and installation is much faster); (2) the pipeline materials would be of standard size and therefore can be installed by standard, high-productivity pipeline laying equipment rather than specialized low-productivity sewer line laying equipment, and (3) a major dewatering operation would not be required. 4. City staff would have greater oversight and greater control of the design and construction of the Poseidon pipeline. In summary, the size of OCSD's pipeline, depth of the trench and maneuvering room for construction equipment resulted in much greater and different impacts than would be PL05-32PoseidonCUPCDP(cont) -8- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 associated with the contemplated water transmission pipeline. The OCSD project required extremely large construction equipment, extensive dewatering and extensive trench shoring, not to mention the severe material problems that stopped the work for lengthy periods. Poseidon's pipeline would be installed using more conventionally sized equipment, limited dewatering and standard shoring (shields and hydraulic shoring). The pipe would be comprised of standard sizes and materials; so, special order replacements would not be expected in the event of any defects. OCSD used extremely large excavators and drove vertical piles to install trench shoring. Poseidon's project would use standard large 9 p 1 g equipment, but still substantially smaller than that required by OCSD and limited or no pile driving would be anticipated during the pipeline construction. Other Pipeline Projects In order to continue to meet the city's infrastructure needs, pipeline installation, replacement and improvements are necessary construction activities. Capital Improvement Programs and Master Plans for storm drains, sewer, and water show the need for current and future pipeline construction within the city streets. For example, the City has programmed $2 million annually through Fiscal Year 2009/2010 for water main replacement in various locations throughout the city. Pipeline construction and rehabilitation range from lengths of a few feet to several miles and from a few inches in diameter to pipelines eight feet in diameter. In addition, in years past, pipelines of identical size to the proposed desalination line have been constructed in the city (e.g. Holly Seacliff 42-inch water line). There has also been successful construction of other large lines by OCSD. For example, in 2000, OCSD constructed a 30-inch sewer line in Ellis Avenue and a 39-inch sewer line in Goldenwest Street. Listed below are recent and current City pipeline projects. ■ Warner Sewer Lift Station - Construction of a sewer lift station and installation of a 24-inch diameter gravity sewer main and a 14-inch diameter forced sewer main. The project is located within the public right-of-way along Warner Avenue between Pacific Coast Highway and Los Patos Avenue. ■ Alabama St. Storm Drain - Eliminate four grated catch basins and approximately 50 feet of eight-inch pipe that connects to the City's existing sewer system and install a new storm drain system consisting of 42- and 36-inch pipe. A total of eight catch basins, 13 manholes and approximately 3,190 feet of pipe will be installed. ■ OC-9 Water Main -Abandon and replace the transmission water pipeline in Newland Street from Edinger Avenue to Yorktown Avenue with a 20-inch line. In addition, a new 12-inch distribution main in Newland Street between Heil Avenue and Warner Avenue will be installed to replace the existing pipelines in this area. Total pipeline length is approximately 3.5 miles. i The type of water pipeline construction proposed by Poseidon Resources Corporation is routine for contractors and City staff, and not dissimilar to City pipeline projects. However, in the southeast area, it is clear that there is heightened sensitivity to pipeline construction as a result of the recent OSCD experience. Staff believes that the City's expertise, coupled with the project's mitigation measures and standard construction requirements would result in PL05-32PoseidonCUPCDP(cont) -9- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 construction of the proposed water transmission pipeline with the same type of temporary construction impacts that are experienced throughout the city as opposed to those associated with the unique situation of the OSCD pipeline. Dewatering Poseidon's pipeline is anticipated to be at or slightly above the groundwater table. Attachment No. 5 provides groundwater table data for three areas along the pipeline route. The data demonstrate that the groundwater table is below the 8 to 10 feet trench depth for the proposed water transmission line, with the exception of the data point for May at the intersection of Brookhurst and Adams that is between this range at 8.6 feet. In addition to avoiding construction during times when the water table is higher, the product water pipeline, which is under pressure, unlike a gravity line, can be installed at needed elevations to avoid both underground obstacles and major dewatering operations. Therefore, local submersible pumps should be adequate to keep the construction area clear of any nuisance water encountered. If the volume of nuisance water is found to be very large, the pipeline sections exposed to these groundwater conditions can be built above the groundwater level (but below the road) by either using concrete encased circular pipeline or low-profile non-circular pipe that can fit the available space between the groundwater level and the road pavement so the need for trench dewatering is avoided. If the specific underground conditions do not allow the use of non-circular or concrete-encased shallow pipe, than the particular pipeline section can be installed using the micro-tunneling method of construction, which alleviates the need to use and, therefore dewater, a pipeline trench. During even minor dewatering operations, the contractor would be required to establish temporary elevation benchmarks around the excavation area to ensure that there is no ground settlement. Inclinometer sensing equipment would be installed along all open-cut construction pipeline trenches in residential and commercial areas. Inclinometers monitor soil movement and displacement and provide early warning and, ultimately, protection against soil movements in the area of residential housing and commercial establishments caused by pipeline construction. All pipeline dewatering plans would be submitted, reviewed and approved by the City of Huntington Beach. Adjacency to ASCON Currently, the ASCON property owner is in the process of strengthening the berms around the two hazardous waste lagoons near Hamilton Avenue, on the ASCON site, to prevent future berm failure. This work is being completed under the oversight of the State Department of Toxic Substance Control (DTSC). The work is expected to be complete in November 2005, and when finished, the landfill lagoon berms would have adequate structural integrity to provide the necessary protection against spills. Concern was expressed on September 6t" regarding the possibility that the desalination project product water pipeline construction could cause the berms to leak or to give way. PL05-32PoseidonCUPCDP(cont) -10- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 Since the berm strengthening project will be complete well before the initiation of the product water pipeline construction, no impact on berm integrity is expected. However, during the design phase of the project, the Applicant, DTSC and City staff will confirm if the use of trenchless pipeline installation and/or design measures to increase the structural integrity of the berm, such as berm shoring to prevent movement of soil during pipeline construction, is necessary. At a minimum, as a precautionary measure, the Applicant will install inclinometer and vibration sensing equipment to monitor soil movement in the berm and in the vicinity of the pipeline excavation trench. These soil movement sensors will allow for the detection of potential effects of the project on the berm, if any, and to ultimately prevent berm failure. In addition, as discussed in the September 6, 2005 staff report, the proposed pipeline in Hamilton would be located as far north from the ASCON site as is feasible given existing underground utilities. It should be noted that contaminants from the ASCON site and future remediation activities of ASCON will not affect the operation of the proposed transmission main. The high water pressure and impermeability of the cement mortar-lined steel pipe will prevent the ingress of any contaminants that may possibly appear along the route of the pipeline. There is also a mitigation measure (MM-CON 30) that addresses the potential for landfill gas (methane) to affect construction of the proposed pipeline. Major Intersection Crossings Major intersection crossings would be accomplished by the common pipeline construction "bore and jack" method as much as possible to minimize traffic flow interference. This method consists of constructing jacking and receiving pits on both sides of the intersection and then boring of the pipeline under the intersection. All pipeline construction and traffic plans will be submitted, reviewed and approved by the City of Huntington Beach. Bushard and Hamilton As noted in the September 6, 2005 staff report, the proposed pipeline would cross Bushard Street at Hamilton Avenue. Currently, it is proposed to trench through the intersection for the construction of the pipeline due to the close proximity of the OCSD transmission line. The top of the OCSD line at that intersection is approximately 7.5 feet below the surface, while the depth of groundwater is approximately 8 feet below the ground surface. It is likely that the Poseidon pipeline would be able to be constructed over the top of the OCSD pipeline at that location. Short-term disruption of traffic as a result is expected to be 1 to 2 weeks. All pipeline construction and traffic plans will be submitted, reviewed and approved by the City of Huntington Beach. At the September 6, 2005 City Council hearing, there was discussion about the top of the OCSD line at the Bushard and Hamilton intersection being at 6.5 feet below the surface. Since the meeting, OCSD staff confirmed to City staff that the top of the OCSD line is 7.5 feet below the surface as designated on the OCSD as-built drawings. Therefore, there PL05-32PoseidonCUPCDP(cont) -11- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 should be sufficient room to construct the proposed pipeline for the desalination project at that location without resorting to special design measures. LAN D USE-RELATED BENEFITS TO THE CITY Since the September 6, 2005 City Council meeting, Poseidon Resources Corporation has refined its proposed offering of benefits to the City. This analysis discusses those benefits that are land use-related. In addition to the specifics of each benefit, of particular interest to the City is the guarantee of these benefits. Staff believes that both a Water Purchase Agreement and a Franchise Agreement are necessary in this regard and has included these in the recommended conditions of approval (Nos. 4i and 5h). The City would negotiate to refine and/or augment the benefits presented below in these agreements. Further, the agreements would have an assignability clause such that the terms would be applicable to a future buyer of the project. It should be noted that both the Franchise Agreement and Water Purchase Agreement executed between the City and Poseidon Resources Corporation would be subject to challenge if there were a public entity successor-in-interest to the entitlement. The land use-related benefits that would be included in the agreements are presented below by type of agreement. In addition, intrinsic benefits not associated with an agreement for the project are listed. Benefits Addressed in a Water Purchase Agreement 1. Water Supply Purchase — City has option to purchase up to 3,360 Acre Feet (AF) per year [i.e. 5 cubic feet per second (cfs) or 3.2 million gallons per day (mgd)] of water from the Project on a firm basis, at a price equal to a 5% discount below the cost to purchase MWDOC's treated, uninterruptible potable water. (Note that without additional negotiations, this offer would provide only a nominal cost savings unless based on the MWD rate.) ■ 3,360 AF/year = approx. 20% of annual imported water purchases by City 2. Emergency Water Supply — City would have first right to purchase up to 11,201 AF per year (i.e.13 cfs or 8.4 mgd) of additional water from the Project in a declared water emergency, at the same cost as above, for up to seven consecutive days. Additional water would be available on an as-available basis. (Note that the definition of "emergency" would need to be clarified in further negotiations.) 3. Reduced size of, or elimination of, reservoir booster pump station due to Project's high- pressure discharge to City system. If eliminated=$4 million avoided construction costs+$15,000/year O&M savings+$25,000/year energy savings. PL05-32PoseidonCUPCDP(cont) -12- 10/10/2005 4:37 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 4. Local Pipeline Interconnection - City would be provided a 5 cfs (3.2 mgd) pipeline connection from the Project delivery pipeline near the Newland/Edison intersection into city facilities in the area. ■ City could avoid certain MWD surcharges valued at up to $180,000/year, based on $55/acre-foot surcharges Benefits Addressed in a Franchise Agreement 1. Franchise payments for use of City's street rights-of-way for Project's delivery pipeline and connection to OC-44 ■ OC-44 interconnect fee of at least $1 million ■ Franchise payments to City of at least $100,000/year 2. Repaving of the street from curb to centerline along the pipeline route, including striping and marking. Slurry seal the remaining lanes on the other side of the centerline or median, including constructing ADA-compliant curb ramps consistent with State standards in constructing ADA facilities. This would include all missing and non- standard ramps along the pipeline route adjacent to where paving or slurry sealing is to be performed. 3. Public right-of-wav enhancements - Funds would be provided to the City, to be dedicated specifically for City projects in the southeast area, with a priority given toward enhancements along the pipeline route, including tree-damaged sidewalk repair/replacement, parkway tree removal/replacement, vacant tree well planting, median planting restoration/enhancement and frontage road landscaping replacement/enhancement. City staff estimates that the cost for this work would be on the order of$1.9 million, subject to negotiations with Poseidon. The City, at its discretion, would be allowed to accumulate funds year-to-year to "bank" future expenditures toward a major project, or projects. 4. Pipeline construction oversight— Poseidon's contractor will provide a performance, surety bond and site restoration bond; City will have the right to review the qualifications of the pipeline contractors prior to selection; Poseidon will pay for a full time on-site city construction inspector for pipeline construction. Intrinsic Benefits 1. Additional Ocean water quality testing required since water will be a source of the public drinking water supply. 2. Improved appearance and remediation of the immediate site by replacement of oil storage tanks and containment berms with an architecturally enhanced, lower profile, and landscaped facility. PL05-32PoseidonCUPCDP(cont) -13- 10/10/2005 3:42 PM REQUEST FOR ACTION MEETING DATE: October 17, 2005 DEPARTMENT ID NUMBER: PL05-32 3. Diversification of City's water supply portfolio on a regular and emergency basis. Environmental Status: Following approval of the conditional use permit and coastal development permit, the City Council must approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations (Attachment No. 2), and a Mitigation Monitoring and Reporting Program (Attachment No. 3). The Statement of Findings and Fact with Statement of Overriding Considerations was revised to incorporate the revised information on benefits to the city. Attachment(s): City Clerk's Page Number No. Description 1 Findings and Conditions of Approval(Staff Recommendation) 2 Revised CEQA Statement of Findings and Fact with Statement of Overriding Considerations—REIR No. 00-02 3 Mitigation Monitoring and Reporting Program—REIR No. 00-02 4 Conceptual Pipeline Alignment dated August 2005 5 Groundwater Table Data along Conceptual Pipeline Alignment 6 September 6, 2005 Staff Report on Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 (previously provided and not attached) Letter from Poseidon Resources Corporation dated October 10, 2005 RCA Author: Ramos/Broeren PL05-32PoseidonCUPCDP(conQ -14- 10/10/2005 3:45 PM ATTACHMENT 1 ATTACHMENT NO. 1 Staff Recommendation October 17, 2005 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05 SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-04: 1. Conditional Use Permit No. 02-04 for the establishment, maintenance and operation of a seawater desalination project producing 50 million gallons of potable water per day which includes a 10,120 square foot administration building, 38,090 square foot reverse osmosis building, 36,305 square foot product water storage tank (30 foot high), other related accessory structures;perimeter landscaping and fencing along the project's frontage on Newland Street and Edison Avenue; and up to four miles of water transmission lines will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will result in the demolition of three 40-foot high fuel storage tanks to be replaced with one 30 foot high water storage tank and lower profile and modern structures with a more attractive design consistent with the city's adopted Design Guidelines. The project will further enhance the appearance of the area with the installation of 10 to 20 feet of landscaping and an eight- foot high block wall along the Edison and Newland street frontages to provide additional screening and a consistent and upgraded appearance in contrast to the existing improvements. 2. The conditional use permit will be compatible with surrounding uses because the project as proposed and modified by the conditions imposed is compatible with the properties immediately surrounding it which are primarily industrial in nature. Additionally, significant setbacks including Newland Street to the west, Edison Avenue to the north, the flood control channel to the east, an existing concrete berm, 10 to 20 feet of landscaping and an eight foot high block wall along the project's Edison and Newland street frontages provide additional screening from surrounding uses. Impacts pertaining to noise, light/glare, odors, and use of chemicals are also addressed to make the project compatible. 3. The proposed seawater desalination project including a 10,120 square foot administration building, 38,090 square foot reverse osmosis building, 36,305 square foot product water storage tank, other miscellaneous accessory structures;perimeter landscaping and fencing along the project's frontage on Newland Street and Edison Avenue; and up to four miles of 48-inch water transmission lines will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project as proposed and modified by the conditions of approval is consistent with the PS-O-CZ (Public-Semipublic—Oil Production Overlay— Coastal Zone Overlay) zoning district, and meets or exceeds the minimum development standards set forth therein, and is allowed subject to approval of a conditional use permit and coastal development permit. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.1 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of P(Public) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 7.1.1 -Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. b. LU 12.1.5 - Require that new and recycled industrial structures and sites be designed to convey visual interest and character and to be compatible with adjacent uses, considering the: a. use of multiple building masses and volumes to provide visual interest and minimize the visual sense of bulk and mass;b. architectural design treatment of all building elevations; c. use of landscaping in open spaces and parking lots, including broad landscaped setbacks from principal peripheral streets; d. enclosure of storage areas with decorative screening or walls; e. location of site entries to minimize conflicts with adjacent residential neighborhoods; and f.mitigation of noise, odor,lighting, and other impacts. c. LU 13.1.8 - Ensure that the City's public buildings, sites, and infrastructure improvements are designed to be compatible in scale, mass, character, and architecture with existing buildings and pertinent design characteristics prescribed by this General Plan for the district or neighborhood in which they are located, and work with non-City public agencies to encourage compliance. d. UD 2.1: Minimize the visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. e. CE 7 -Maintain and enhance the visual quality and scenic views along designated corridors. The project will be an improvement to the area because it will result in the demolition of three 40-foot high fuel storage tanks. The new proposed structures are more compatible with the surroundings because they are lower in height and have a more attractive design consistent with the General Plan and Design Guidelines. There are limited views across the Huntington Beach Generating Station(HBGS) site due to the height of the existing structures. However, views will be improved to the extent that the new proposed desalination project structures have a lower profile than the existing fuel storage tanks proposed to be demolished. The project is required to provide a 10-foot landscape planter along the perimeter of the site to enhance the appearance of the area. These landscaping improvements are required to be consistent with the approved landscaping improvements for the rest of the HBGS property to the south for a cohesive appearance. SUGGESTED FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 02-05: 1. Coastal Development Permit No. 02-05 for the development of the desalination project and approximately one mile of water transmission lines within the Coastal Zone, as proposed and modified by conditions of approval, conforms to the General Plan, including the Local Coastal Program by implementation of the following Coastal Element goals, objective, and policies: (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.2 a. C 1.1.1 - With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or,where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. b. C 1.2.1 - Accommodate existing uses and new development in accordance with the Coastal Element Land Use Plan and the Development and Density Schedule Table C-l. c. C 4.2.1 - Ensure that the following minimum standards are met by new development in the Coastal Zone as feasible and appropriate: a. preservation of public views to and from the bluffs,to the shoreline and ocean and to the wetlands; b. adequate landscaping and vegetation; c. evaluation of project design regarding visual impact and compatibility; and d. incorporate landscaping to mask oil operations and major utilities, such as the electrical power plant on Pacific Coast Highway. d. C 4.7 - Improve the appearance of visually degraded areas within the Coastal Zone. e. C 4.7.1 - Promote the use of landscaping material to screen uses that detract from the scenic quality of the coast along public rights-of-way and within public view. £ C 4.7.5 - Require the review of new and/or expansions of existing industrial and utility facilities to ensure that such facilities will not visually impair the City's coastal corridors and entry nodes. g. C 4.7.8 - Require landscape and architectural buffers and screens around oil production facilities and other utilities visible from public rights-of-way. h. C 4.7.9—Require the removal of non-productive oil production facilities and the restoration of the vacated site. i. C 6.1.1 —Require that new development include mitigation measures to prevent the degradation of water quality of groundwater basins, wetlands, and surface water. j. C 6.1.13 - Encourage research and feasibility studies regarding ocean water desalinization as an alternative source of potable water. Participate in regional studies and efforts where appropriate. k. C 6.1.19—Prior to approval of any new or expanded seawater pumping facilities,require the provision of maximum feasible mitigation measures to minimize damage to marine organisms due to entrainment in accordance with State and Federal law. 1. C 7.1.3 —Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. m. C 7.1.5 —Notify State and Federal agencies having regulatory authority in wetlands and other environmentally sensitive habitats when development projects in and adjacent to such areas are (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.3 submitted to the City. The implementation of any Habitat Conservation Plan shall require an amendment to the Local Coastal Program. Incidental take of sensitive habitat and/or species that occurs in the context of development must be consistent with this LCP. n. C 10.1.4—Require appropriate engineering and building practices for all new structures to withstand ground shaking and liquefaction such as those stated in the Uniform Building Code. The proposed desalination project is located within an unused fuel oil storage tank facility constructed in 1961 and formerly owned and operated by Southern California Edison. In addition to the proposed desalination facility site, the proposed project would also include several related off-site improvements, including tie-in pipelines between the existing HBGS condenser cooling water discharge system and the proposed desalination project, and up to approximately 4 miles of product water delivery. The intake/discharge pipelines would be located entirely within the existing HBGS site. The majority of the product water delivery pipeline would be located within existing public streets, easements, or other rights-of-way in urban areas. As such, the proposed new development is located within existing developed areas. The proposed use is consistent with the Coastal Element Land Use Plan designation of P (Public) for the site. The proposed use is compatible and consistent with the industrially designated properties immediately surrounding the subject site and meets the requirements of the Coastal Element of the Land Use Plan and the Development and Density Schedule. The project will improve the appearance of the area by demolishing three existing unused 40-foot high fuel storage tanks and replacing them with lower profile,modern, and more attractive structures. The proposed structures vary in height from a maximum of 30 feet for the water tank to a minimum of six feet high for the ammonia tank. The proposed desalination project will not impact public views to the coast. There are limited views across the HBGS site due to the height of the existing structures. However, views will be improved to the extent that the new proposed desalination project structures will have a lower profile than the existing fuel storage tanks proposed to be demolished. A 10 foot and 20 foot planter along the lease area street frontage on Edison and Newland respectively will further improve the appearance of the project with attractive landscaping. In addition, the proposed pipeline alignment is situated below ground and will not impact public views or require landscaping to minimize visual impacts. As conditioned, the project is required to prepare a final landscaping plan along Edison Avenue for approval by the Design Review Board that is consistent in design, colors and materials with the landscaping for HBGS for a cohesive appearance. In addition, the conditions of approval for the project require a minimum of six percent landscaping over the entire 11-acre lease area, and that landscaping along the Newland and Edison lease area street frontages include the densest type and number of trees to provide the most effective screening possible, which must be maintained to the approval of the City Landscape Architect. Landscaping within the eastern portion of the site will consist of native wetlands planting for compatibility with the wetlands to the southeast. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.4 In addition, the bottom portion of these structures will be hidden behind the existing berm along the perimeter. As noted above, the proposed structures are in substantial compliance with the Design Guidelines by employing variations in form,building details, colors, and materials that create visual interest, and the design is carried through all the structures including the architectural screen for the tanks to achieve a unified theme. Furthermore, the conditions of approval also require that utility meters be screened from public view, that electric transformers be enclosed in subsurface vaults, that backflow prevention devices be prohibited in the front yard setback and be screened from view. The conditions further require that all exterior mechanical equipment be screened from view on all sides, and that rooftop mechanical equipment be setback from the exterior edges of buildings. The Recirculated Environmental Impact Report analyzed the potential impacts of the project on water quality generally, as well as both ocean water quality and product water quality. Based on the analysis contained in the Recirculated EIR, no mitigation measures are required to protect ocean water quality. However, the Recirculated EIR contains a number of mitigation measures designed to prevent the degradation of water quality in groundwater basins, wetlands, surface water and product water. These mitigation measures are contained in the Recirculated Environmental Impact Report for the project. The Recirculated Environmental Impact Report analyzed the potential impacts to marine organisms due to entrainment and concluded that no mitigation measures were required. The Recirculated EIR noted that entrainment is currently permitted for the once-through cooling water system of the HBGS, and that the proposed desalination facility does not directly take seawater from the ocean, and that withdrawal of feedwater for desalination is from the HBGS cooling-water discharge and not subject to intake regulation under the Federal Clean Water Act(316b). In addition,the proposed project will not alter in any existing HBGS cooling water intake operations. For these reasons, no mitigation measures are required to reduce entrainment impacts to marine organisms. The desalination project is surrounded by other industrial properties, a 145-foot wide flood control channel, HBGS, and a wetland area to the southeast. The wetland area is separated from the project by an existing berm. The project has been designed to not create any impacts to the adjacent wetlands. Nonetheless, a number of mitigation measures will be required to ensure that impacts to the adjacent wetlands are minimized. State and Federal agencies with regulatory authority in wetlands and other environmentally sensitive habitats have been consulted as part of the CEQA process for the project. These agencies include, among others, the US Fish and Wildlife Service, California Department of Fish and Game, and California Coastal Commission. The project as conditioned will require compliance with the standards set forth in the most recent edition of the Uniform Building Code to assure safety of the occupants and seismic safety to the satisfaction of the Department of Building and Safety prior to issuance of a building permit. Lastly, the project is an ocean water desalination plant that will create an alternative source of potable water. When the project is completed, it will provide Orange County with 50 million gallons of (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.5 potable water per day, accommodating the needs of Orange County regardless of weather or governmentally imposed conditions affecting water supply. By building the facility and locating it in Huntington Beach, the facility will demonstrate the opportunities offered by desalination, and will offer cities, counties, and the State of California a tangible example of how desalination can become more widely accepted throughout the state and the nation, and will encourage additional research and feasibility studies regarding ocean water desalination as an alternative source of potable water. 2. The project is consistent with the requirements of the CZ Overlay District, O Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project meets or exceeds all minimum development standards including but not limited to setbacks, height, and parking. The project is conditioned to require compliance with all Public Works,Fire, and Building and Safety Department codes and requirements. The project conforms to the City's Design Guidelines and incorporates variations in form,building details, colors, and materials that create visual interest. The project provides buffering from sensitive uses such as residential developments through landscaping, a block wall, and increased setbacks. The perimeter wall is designed in a manner to create an attractive appearance and will be consistent with the wall design approved for the portion of the HBGS property to the south for a cohesive appearance. The project meets all the requirements of the O Overlay District. The project meets the minimum size requirements, and the project includes a reuse plan to remediate property that has been contaminated by previous oil-related use. The property is conditioned to operate in compliance with Title 15, Uniform Fire Code, and any other applicable Federal, State, County, or local rules and regulations, and must be approved by the Fire Department. Non-permitted equipment will not be allowed to be used on the project site, and all requirements for the use of an O overlay zone have been or will be met, including dedication requirements. The project meets all the applicable requirements for the CZ overlay district. The project preserves and improves existing visual resources and complies with maximum height limitations, off-street parking requirements, landscaping requirements, and other requirements. Due to the industrial nature of the project location, there is currently no public access at the site; therefore public access will not be affected by the project. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project is an infill development, which as conditioned and with the implementation of all mitigation measures will provide all necessary infrastructure to adequately service the site and not impact adjacent development. This includes dedication and improvements to the project lease frontage along Edison Avenue to improve circulation in the area. The proposed project will comply with City of Huntington Beach Fire Department requirements, including the installation of fire sprinklers and fire hydrants, and impacts of the project on the Fire Department are not expected to be significant. There are no anticipated additional impacts of the project on Police protection. The project is expected to have little or no impact on libraries. The project backers will have some responsibility for roadway maintenance, and impacts on roadway maintenance caused by the project are expected to be less than significant. The project is anticipated (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.6 to have a negligible impact on parks and recreation facilities within the City. Project impacts to existing wastewater facilities are expected to be minimal, and the project plans are anticipated to include a new sewer line or private sewer system to accommodate additional wastewater. A local stormwater drainage system would be implemented as part of the site facility, and stormwater would be treated on-site prior to off-site discharge. The project would require new facilities to support operational water uses, but these uses are not expected to create significant impacts. There are no significant impacts of the project on reclaimed water use. The project would not create any significant impacts on the disposition of solid waste. The project's power demand would be less than one percent of the demand within Orange County or Southern California, and are anticipated to be less than significant. No impacts on natural gas supply are anticipated in the implementation of the project. No significant impacts on telephone and cable service are anticipated by the project. 4. The development of the desalination project and approximately one mile of water transmission lines within the Coastal Zone conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act as they will not impede any public access to the coast and public recreation opportunities in the area. All public access to the coast and public recreation in the area will not be impeded during the long-term operation of the facility as well as during the construction process with the implementation of conditions of approval and mitigation measures. The site does not currently provide public access or public recreation opportunities because of the industrial nature of the historic uses at the site. The proposed project is consistent with the Public and Semipublic utility uses for which the site is designated, and is not suited for public access or recreation purposes for a number of reasons, including concerns about public safety. The site is located landward of Pacific Coast Highway and would not provide a connection to the coast or public recreation opportunities, as it is virtually surrounded by other industrial uses. Nonetheless, because no public access or recreational opportunities currently exist on the site,the project will not impede existing public access to the coast or public recreation opportunities in the area. The project will not impact any existing public parking or beach access and will not discourage or impact any existing lower cost visitor and recreational facilities. The project site is currently not accessible to the beach, thus no access will be impacted. The proposed project will not impede any unique water-oriented activities,nor does it involve any oceanfront land suitable for recreational use. The project involves the use of private lands that are not suitable for visitor-serving commercial recreational facilities. Even if the lands were suitable for such visitor-serving uses, the project proposes a coastal-dependent industry use,which is not of a lower priority than visitor-serving uses. SUGGESTED CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05: 1. The site plan received and dated June 1,2005, floor plans and elevations received and dated April 7, 2003, and March 21, 2005 and landscaping plan received and dated April 23,2003 shall be the conceptually approved layout with the following modifications: (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.7 a. The landscape area on the east side of the project site (landscape area three) shall include the removal of all Myoporum, and shall be planted with a palette of plants indigenous to the Southern California coastal community. b. The architectural treatment proposed on all the tanks shall be limited to the top portion that is visible above the surrounding concrete berm. (DRB) c. The final fencing and landscaping plan along Edison Avenue shall be subject to approval by the Design Review Board per conditions set by the City Council. (DRB) d. Perimeter landscaping for this project along Newland St. and Edison Ave. is required to be installed only along the lease area frontage. The lease area shall have a minimum of six percent landscaping of the entire 11-acre lease area. e. The landscaping and wall plan shall be consistent in design, colors, and materials with the landscaping and wall plan for AES for a cohesive appearance. f. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) g. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) h. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes,but is not limited to,heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) (MM-ALG 1) i. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non- obtrusive, not interfere with sidewalk areas and comply with required setbacks. j. If outdoor lighting is included, light intensity shall be limited to that necessary for adequate security and safety. All outside lighting shall be directed to prevent"spillage"towards the sky and onto adjacent properties, including the adjacent wetlands, and shall be shown on the site plan and elevations. (MM-ALG 2) October 17 2005 CUP 02-04/CDP 02-05 Attachment No. 1.8 k. The landscaping along the Newland and Edison lease area street frontages shall include the densest type and number of trees to provide the most effective screening possible and shall be maintained to the approval of the City Landscape Architect. 2. Prior to issuance of demolition permits,the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District(SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. h. For the demolition of the three (3) 200 foot diameter fuel oil tanks, a work plan must be submitted and approved by the Fire Department prior to commencement of work. (FD) i. In order to minimize potential demolition and construction impacts to nesting savannah sparrows and other threatened or endangered species adjacent to the proposed desalination facility, a pre- demolition nesting survey will be performed by a qualified biologist in consultation with applicable regulatory agencies. Should nesting savannah sparrows or other threatened or endangered species be found, adequate mitigation (such as relocation, construction noise abatement measures, etc.)will be implemented as appropriate based on the findings of the pre- demolition survey. j. In order to minimize potential construction impacts to nesting savannah sparrows adjacent to the proposed desalination facility, a pre-construction nesting survey will be performed by a qualified (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.9 biologist in consultation with applicable regulatory agencies. Should nesting savannah sparrows be found, adequate mitigation(such as relocation, construction noise abatement measures, etc.) will be implemented as appropriate based on the findings of the pre-construction survey. (MM CON 41) 3. Prior to acceptance of grading plans for review: a. Twelve feet (12') of additional right-of-way shall be dedicated in fee along the lease area limits of the Edison Avenue frontage. (PW) (General Plan) b. A 31-foot radius of additional right-of-way shall be dedicated in fee at the southeast corner of Newland Street and Edison Avenue,per City Standard Plan No. 207. (General Plan) 4. Prior to issuance of grading permits,the following shall be completed: a. The applicant shall submit written proof of final project approval by each applicable regulating agency including but not limited to the California Coastal Commission, Santa Ana Regional Water Quality Control Board, South Coast Air Quality Management District and all applicable water agencies and cities. b. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls and walls) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. c. Provide a Fire Department approved Remedial Action Plan(RAP)based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification#431-92. (FD) d. From the Division of Oil, Gas & Geothermal Resources (DOGGR),provide a Permit to Conduct Well Operations for all onsite active/abandoned oil wells. (FD) e. From the DOGGR,provide proof of a Site Plan Review application. (FD) f. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification#422-Oil Well Abandonment Process. (FD) g. Installation and/or removal of underground flammable or combustible liquid storage tanks (UST) require the applicant to first obtain an approved Orange County Environmental Health Care UST permit/site plan. This approved plan must be presented to obtain the required Huntington Beach Fire Department Fire Code Permit Application to conduct installation and/or removal operations. (FD) (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.10 h. For Fire Department approval, applicant must submit a site plan showing all onsite abandoned oil wells accurately located and identified by well name and API number,plus identify and detail all methane safety measures per City Specification#429-Methane District Building Permit Requirements. These details shall be on a separate sheet titled"Methane Plan." (FD) i. Prior to issuance of any permit, the applicant shall enter into a Franchise agreement with the City for the generation and transport of product water from the site, and through and across the city's streets, rights-of-way or properties. (PW) (MC 3.44) j. A corrected lease line exhibit for area"1" and the 24-foot wide secondary access easement and an accurate metes and bounds description of the project limits shall be submitted to the Public Works Department for review and approval. A metes and bounds description and separate exhibit of all access routes shall also be provided with the submittal. (PW) k. Irrevocable vehicular access rights shall be established and recorded across the AES and Edison properties. The access width and turning radius criteria shall conform to the requirements of the Public Works Department and the Fire Department. (PW) The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and,when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) I. The applicant shall demonstrate utilizing a truck turning template overlay that a WB-50 vehicle can maneuver on-site through the designated access route. (PW) in. A Grading Plan,prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05)The recommendations of the accepted geotechnical study shall be incorporated into the earthwork activities. The Grading Plan shall depict,but not be limited to the following items: (PW) 1) The parking layout shall be in conformance with the approved parking plan,and shall also conform to City Standards and the City's Subdivision Ordinance and Municipal Code requirements, including Municipal Ordinance No. 10.40.050. No parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Standard Specification Nos. 401 and 415. 2) Access for the handicapped shall be in conformance with Title 24. 3) Separate sewer lateral and sewer line to provide service to all onsite facilities. The plan shall provide horizontal location and vertical clearances and dimensional relationship with other utilities. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.11 4) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 2-inches in size. 5) Fire sprinklers shall have a separate dedicated fire service with an appropriate backflow device. 6) Separate backflow protection devices shall be installed, per Water Division standards for domestic water service, fire services and irrigation water services. The final location for all public waterline facilities shall be as approved by the Water Division. 7) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36"box tree. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. 8) Final site design storm hydrology and hydraulics shall be submitted for review and approval to the Public Works Department. The report shall also include calculation of first flush flows to substantiate the adequacy and effectiveness of all water quality mitigation and structural best management practices. Design of all necessary drainage improvements shall provide mitigation for all rainfall events(storm frequencies up to a 100-year frequency). Mitigation will include adequate detention storage area onsite if the project pump systems fail to operate. The final site design storm hydrology and hydraulics shall be in such a manner that there will be the least possible impact to the adjacent wetlands. 9) Areas for containment shall be provided to mitigate possible spillage of any materials affecting storm water quality that maybe stored on-site, and to protect the adjacent wetlands to the maximum extent feasible. n. Storm Drain, Storm Water Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP) conforming with the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. Catch basins shall be grated and not have side openings. (DAMP) (PW) 1) A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all de-watering operation flows, and for nuisance flows during construction. (DAMP) 2) The applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification(WDID) Number. (DAMP) (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.12 o. A Project WQMP shall be submitted to the Public Works Department for review and approval and shall include the following: (PW) 1) Discusses regional or watershed programs (if applicable) 2) Addresses 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 3) Incorporates the applicable Routine Source Control BMPs as defined in the DAMP 4) Incorporates Treatment Control BMPs as defined in the DAMP 5) Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs 6) Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs 7) Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs 8) Includes an Operations and Maintenance(O&M) Plan for all structural BMPs 9) Upon approval of the WQMP, three signed copies and an electronic copy on CD (.pdf or .doc format) shall be submitted to the Public Works Department. p. A Street Improvement Plan,prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (ZSO 230.84) The following public improvements shall be shown on the plan: (PW) 1) Curb, gutter and A.C. paving to the new centerline of construction, plus an adequate feathered overlay section to provide a smooth pavement transition along the Edison Avenue lease frontage, within a 42-foot full-width street Right-of-Way per modified City Standard Plan Nos. 104 and 202 (including an 8-foot parking lane on the north side, 24-foot driving lane, a 6-foot parkway on the north and a 4-foot wide utility easement on the south). No parking shall be permitted on the south side of the street. 2) An ADA compliant access ramp at the southeast corner of Newland Street and Edison Avenue per Caltrans Standard Plan No. RSPA88A. The corner curb return radius shall be 35-feet per City Standard Plan No. 207. 3) A 25-foot sight triangle must be provided at the intersection of Newland Street and Edison Avenue. (ZSO 230.88) 4) New Edison-owned street lighting shall be provided for the frontage of Newland Street and Edison Avenue and shall be consistent with City standards. 5) At the intersection of Newland Street and Edison Avenue and at the Newland Street driveway located approximately 460-feet south of Edison Avenue, corner sight distance as defined in the Caltrans Highway Design Manual must be provided. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.13 6) All utilities (proposed and existing) shall be shown for reference purposes and shall be consistent with utility infrastructure plans. q. Improvement Plans for all offsite water transmission lines within the limits of the City of Huntington Beach shall be designed and prepared by a licensed Civil Engineer showing a plan and profile of the improvements. Said plans shall be submitted on mylar sheets to the Public Works Department for review and approval. Trenchless construction methods will be utilized to cross roadways sensitive to traffic disruption and drainage channels as deemed necessary by the Public Works Department. (PW) r. Conflicts between the routing for all offsite water transmission lines and other existing or proposed utilities, facilities or public infrastructure shall be identified and mitigated on the water line improvement plans. (PW) s. Signing and Striping plans prepared by a Licensed Civil or Traffic Engineer shall be submitted to the Public Works Department for review and approval for Newland Street and Edison Avenue. (PW) (ZSO 230.84) Civil Traffic Engineer shall be submitted to the t. Traffic Control Plans prepared by a Licensed C it or g Public Works Department for review and approval for offsite pipeline construction or any other work within the City's right-of-way. (PW) u. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site; details on how no wastes or pollutants shall escape the site; and details on how wind barriers around remediation equipment shall be provided. (PW) (MC 17.05.150/FD Spec. 431-92) v. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities,truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number regarding grading and construction activities, and"1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) w. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) x. The developer shall coordinate with the Department of Public Works, Traffic Engineering Division in developing a truck and construction vehicle routing plan. This plan shall include the (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.14 approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents and the surrounding area. The plan shall take into consideration any street improvement construction occurring in the vicinity. These plans must be submitted for approval to the Department of Public Works. The applicant shall coordinate all construction traffic related activities with Costa Mesa's Public Services Department. The construction vehicle routing plan in the City of Costa Mesa shall be submitted for approval by the City of Costa Mesa Transportation Services Manager. (MM-CON 36) (PW) y. Should the project require off-site import/export of fill material during demolition,remediation, and construction, trucks shall utilize a route that is least disruptive to sensitive receptors, preferably Newland Street to Pacific Coast Highway to Beach Boulevard to I-405. Construction trucks shall be prohibited from operating on Saturdays, Sundays and federal holidays. (MM-CON 12) z. In conjunction with the submittal of application for a precise grading permit, the applicant shall demonstrate to the satisfaction of the City Engineer that the preliminary geotechnical report recommendations have been incorporated into the grading plan unless otherwise specified in the final geotechnical report and/or by the City Engineer. (MM-GEO 2) aa. As the South Branch Fault (situated beneath the subject site) is classified as "Category C"by the City of Huntington Beach General Plan, special studies and subsurface investigation (including a site specific seismic analysis) shall be performed prior to issuance of a grading permit, to the approval of the City Engineer. The subsurface investigation shall include CPT and exploratory borings to determine the fault rupture potential of the South Branch Fault which underlies the subject site. (MM-GEO 7) bb. Prior to issuance of precise grading or building permits,which ever comes first, the applicant shall submit and obtain approval from the City of Huntington Beach of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs)that will be used on- site to control predictable pollutant runoff and to protect the adjacent wetlands. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan(DAMP) Appendix which details implementation of the BMPs whenever they are applicable to a project, the assignment of long- term maintenance responsibilities to the applicant, and shall reference the location(s) of structural BMPs. The applicable BMPs include: (MM-HWQ 1) 1) Plant materials that require fertilization and pest control shall be maintained in accordance with Orange County Management Guidelines for Use of Fertilizers and Pesticides; and 2) BMP structures and facilities shall be cleaned and maintained on a scheduled basis by a Facility Operator appointed person. 3) All fertilizers and pesticides used by the plant shall not pose any harmful effects upon plants, animals, and marine life in the adjacent wetland or to any surrounding properties. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.15 cc. Appropriate site-specific hydrology and hydraulic analysis will be performed for the project prior to the issuance of grading or building permits,which ever comes first. The analysis shall include mitigation measures,if necessary, in regards to storm water drainage and flooding, and to ensure protection of the adjacent wetlands. (MM-HWQ 2) dd. Prior to the issuance of grading or building permits, which ever comes first, an appropriate on-site drainage system shall be installed for the project that integrates permanent stormwater quality features. (MM-HWQ 3) ee. Prior to the issuance of any building or grading permits, the Applicant shall prepare an acoustical analysis report and appropriate plans,prepared under the supervision of a City-approved acoustical consultant, describing the stationary noise generation potential and noise mitigation measures (such as the installation of double walls, sound absorbing materials, acoustic barriers, sound control curtains, and sound baffles), if needed,which shall be included in the plans and specifications of the project. All stationary equipment shall be designed to insure that noise levels at the HBGS property line do not exceed the City's Industrial noise standard of 70.0 dBA and will be subject to the approval of the City of Huntington Beach. (MM-NO 1) ff. Prior to the issuance of a grading permit, the Applicant will prepare a waste reduction plan for the generation of construction and operational waste from the proposed project. This plan will be submitted to the recycling coordinator from the City of Huntington Beach who will ensure that AB 939 requirements are properly addressed. MM-PSU 6 q p P Y ( ) gg. Concurrent with the submittal of the Grading Plan, the Applicant shall submit an Erosion Control Plan to the City of Huntington Beach Department of Public Works which will de the following measures: (MM-CON 1) 1) Where necessary, temporary and/or permanent erosion control devices, as approved by the Department of Public Works, shall be employed to control erosion and provide safety during the rainy season from October 15th to April 15ch 2) Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate the rapid construction of temporary devices when rain is imminent. 3) Erosion control devices shall not be moved or modified without the approval of the Department of Public Works. 4) All removable erosion protective devices shall be in place at the end of each working day when the 5-day rain probability forecast exceeds 40%. 5 After a rainstorm all silt and debris shall be removed from streets, check berms and basins. 6) Graded areas on the permitted area perimeter must drain away from the face of the slopes at the conclusion of each working day. Drainage is to be directed toward desilting facilities. 7) The permittee and contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.16 8) The permittee and contractor shall inspect the erosion control work and ensure that the work is in accordance with the approved plans. 9) Water shall be applied to the site twice daily during grading operations or as otherwise directed by the City of Huntington Beach Inspector in compliance with South Coast AQMD rule 403 (Fugitive Dust Emissions). A grading operations plan may be required including watering procedures to minimize dust, and equipment procedures to minimize vehicle emissions from grading equipment. hh. Construction of the project shall include Best Management Practices (BMPs) as stated in the Drainage Area Management Plan (DAMP)by the Orange County Stormwater Management Program. BMPs applicable to the project include the following: (MM- CON 2) 1) Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes, or stucco fragments; fuels, oils, lubricants, and hydraulic,radiator, or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent, or floatable wastes; wastes from any engine/ equipment steam cleanings or chemical degreasing; and superchlorinated potable water line rinsings. 2) During construction, disposal of such materials should occur in a specified and controlled temporary area on-site, physically separated from potential stormwater run-off, with ultimate disposal in accordance with local, state, and federal requirements. ii. As part of its compliance with the NPDES requirements, the Applicant shall prepare a Notice of Intent(NOI) to be submitted to the Santa Ana Regional Water Quality Control Board providing notification and intent to comply with the State of California general permit. Prior to construction, completion of a Storm Water Pollution Prevention Plan(SWPPP) will be required for construction activities on-site. A copy of the SWPPP shall be available and implemented at the construction site at all times. (MM-CON 3) jj. The project shall comply with SCAQMD Rule 402, which prohibits the discharge from a facility of air pollutants that cause injury, detriment, nuisance, or annoyance to the public or that damage business or property. (MM-CON 9) kk. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular water or other dust preventive measures using the following procedures, as specified in the SCAQMD Rule 403. (MM-CON 10) 1) On-site vehicle speed shall be limited to 25 miles per hour. 2) All material excavated or graded would be sufficiently watered to prevent excessive amounts of dust. Watering would occur at least twice daily with complete coverage,preferable in the late morning and after work is done for the day. 3) All material transported on-site or off-site would be either sufficiently watered or securely covered to prevent excessive amounts of dust. 4) The area disturbed by clearing, grading, earth moving, or excavation operations would be minimized so as to prevent excessive amounts of dust. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.17 5) These control techniques would be indicated in project specifications. Compliance with the measure would be subject to periodic site inspections by the City. 6) Visible dust beyond the property line emanating from the project would be prevented to the maximum extent feasible. 11. Prior to the issuance of any grading permits, the Applicant shall ensure evidence acceptable to the City of Huntington Beach Departments of Planning and Public Works that: (MM-CON 11) 1) All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers; 2) All operations shall comply with the City of Huntington Beach Municipal Code Chapter 8.40 (Noise Control); 3) Stockpiling and/or vehicle staging areas shall be located as far as practicable from residential areas and wetlands; and 4) Notations in the above format, appropriately numbered and included with other notations on the front sheet of grading plans,will be considered as adequate evidence of compliance with this condition. mm. Unless underground utility locations are well documented, as determined by the City of Huntington Beach Public Works Department, the project engineer shall perform geophysical surveys to identify subsurface utilities and structures, the findings of which shall be incorporated into site design. Pipelines or conduits which may be encountered within the excavation and graded areas shall either be relocated or be cut and plugged according to the applicable code requirements. (MM-CON 14) nn. An archaeologist and paleontologist shall be selected by the applicant and the City to be available for archaeological and paleontological findings during grading and construction. A qualified representative of the Native American community shall be consulted upon for appropriate Native American findings. 5. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical,mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A corrosion report must be prepared by a qualified person who will determine the suitability of buried pipe and recommend a method to protect buried pipe when corrosive soil is encountered. The recommendations of this report shall be reproduced on the plans. (BD) c. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes. (FD) (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.18 d. The Design Review Board shall review and approve the final fencing and landscaping plan along Edison Avenue per conditions set by the Planning Commission. (DRB) e. All Fire Department requirements shall be noted on the building plans. (FD) f. Contact the United States Postal Service for approval of mailbox location(s). g. A detailed geotechnical report shall be prepared and submitted with the building permit application for the proposed desalination plant. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations, retaining walls, streets, utilities,remedial work, overexcavation/recompaction, dewatering, water quality, and chemical/fill properties of underground items including buried pipe and concrete and protection thereof. The reports shall specifically address lateral spreading, flood control channel bank stability, liquefaction potential and groundwater constraints. Appropriate recommendations shall be provided to mitigate potentially adverse conditions. The geotechnical report shall also be submitted to the Department of Public Works for review and approval in conjunction with the grading plan. (MM-GEO 1) h. A Water Purchase Agreement shall be executed between the applicant/operator of the seawater desalination project and the City of Huntington Beach. 6. Prior to issuance of building permits, the following shall be completed: a. A separate water meter and backflow prevention device shall be provided for the irrigation system. (PW) (ZSO 255.04E) b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1)with minimum 36-inch box trees or palm equivalent (13-14 feet of trunk height for Queen Palms and 8-9 feet of brown trunk) and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) (ZSO 232.04B) c. A buffer shall be required between the wetland areas and the containment berm, designated as open space, and planted with a palette of plants indigenous to the Southern California coastal community. d. The Consulting Arborist(approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.19 trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW) (Resolution 4545) e. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. f. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan incompliance with City Specification#426-Fire Safety Requirements for Construction Sites. (FD) g. Fire access roads shall be provided in compliance with City Specification#401-Minimum Access for Fire Department Access. (FD) h. Fire hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. Indicate hydrant locations and fire department connections. The Fire Department and the Public Works Water Division shall determine the number of fire hydrants. (FD) i. An automatic fire sprinkler system shall be installed throughout. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) j. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms,manual pull stations, interior and exterior horns and strobes, voice communication, and 24-hour central station monitoring. (FD) k. Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions are 6'8"wide by 4'Y deep with a 42-inch wide(min.) right or left side opening. Center opening doors require a 54-inch depth. (FD) 1. All Fire Department requirements shall be noted on the building plans. (FD) m. For classification within the City's Hazardous Materials Disclosure Program, a complete chemical inventory and a use, storage, and handling plan prepared by a fire protection engineer, environmental hygienist, or the equivalent shall be submitted to the Fire Department. Included,but not limited to, shall be the ammonia storage tank, the lime silos and the chemical treatment (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.20 facilities. These tanks and associated equipment shall be designed and installed in conformance with 2001 edition of the CFC. (FD) n. As native on-site soils are compressible upon placement of structural loads,project implementation shall implement complete removal and recompaction of compressible soils or use of piles and grade beams to support on-site structures. (MM-GEO 4) measures o. Type V cement shall be used for concrete and buried metal pipes shall utilizespecial Yp p p (coatings, etc.)to protect against the effects of corrosive soils. (MM-GEO 5) p. Due to the potential for ground shaking in a seismic event, the project shall comply with the standards set forth in the UBC (most recent edition) to assure seismic safety to the satisfaction of the Department of Building and Safety prior to issuance of a building permit, including compliance with California Division of Mines and Geology Special Publication 117 (Guidelines for Evaluating and Mitigating Seismic Hazards in California, adopted March 13, 1997). However, given the proximity of the site to the Newport-Inglewood and Compton Blind Thrust Faults,more stringent measures may be warranted. (MM-GEO 6) q. Due to the potential for liquefaction within the project vicinity, the Applicant shall comply with the standards set forth in the UBC (most recent edition) for structures on-site to assure safety of the occupants to the satisfaction of the Department of Building and Safety prior to issuance of a building permit. These standards include compliance with California Division of Mines and Geology Special Publication 117 (Guidelines for Evaluating and Mitigating Seismic Hazards in California, adopted March 13, 1997) and"Recommended Procedures for implementation of CDMG Special Publication 117 - Guidelines for Analyzing and Mitigating Liquefaction in California" (Dr. Geoffrey R. Martin et al, May 1999). (MM-GEO 8) r. The proposed project shall incorporate adequate measures to stabilize structures from on-site soils P p P J � q known to be prone to liquefaction. Typical methods include,but are not limited to: (MM-GEO 9) 1) Overexcavation and recompaction of soils; lacement 2) in-situ soil denslficatlon(such as vibro flotation or vibro-r ep ), 3) injection grouting; and 4) deep soil mixing. s. The site specific geotechnical investigation for the proposed project shall analyze the potential for lateral spread on-site. If deemed a possibility, adequate subsurface stabilization practices (similar to those utilized for liquefaction) shall be incorporated prior to the construction of on-site structures. (MM-GEO 10) t. All applicable school mitigation fees shall be paid pursuant to State law. (MM-PSU 1) u. The Applicant will be required to pay five percent of the OCSD connection fee to the City of Huntington Beach. (MM-PSU 3) (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.21 v. The Applicant will be required to pay appropriate fees for water service connections, installation, and meters. In addition, the City requires payment of a service fee for industrial customers. (MM- PSU 4) w. The Applicant will coordinate with the City's recycling representative to ensure that the proposed project is in compliance with the City's waste reduction and recycling program. (MM-PSU 5) 7. The structures cannot be occupied,the final building permits cannot be approved, utilities cannot be released the use cannot commence and the Certificate of Occupancy cannot be issued > p Y until the following has been completed: a. Automatic sprinkler systems shall be installed throughout. (FD) b. Backflow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services. c. A fire alarm system will be installed to comply with Huntington Beach Fire Department Code. (FD) d. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. f. All building spoils, such as unusable lumber,wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. g. Secured entries shall utilize strobe-switch activated, automated gates and comply with City Specification#403-Fire Access for Pedestrianor Vehicular Security Gates. (FD) h. Secondary emergency access gates must be secured with KNOX and association(if any) hardware. (FD) i. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification#424-Portable Fire Extinguishers. (FD) j. Address numbers shall be installed to comply with City Specification#428-Premise Identification. Number sets may be required on front and rear of the structure. (FD) k. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification#415-Fire Lane Signs. Additionally, the site plan shall show all fire lanes. If prior to approved signage fire lane violations occur and the services of the Fire Department are required, the applicant may be liable for related expenses. (FD) (October 17,2005 CUP 02_ _04/CDP 02 OS) Attachment No. 1.22 1. Complete all improvements as shown on the grading and improvement plans. (PW) (MC 17.05) m. All landscape irrigation and planting installation shall be certified to be in conformance with the City-approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) (ZSO 232.04D) n. Applicant shall provide the City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy"prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) o. The applicant shall demonstrate that all measures required by these conditions to protect the adjacent wetlands have been implemented. 8. During demolition, grading, site development, and/or construction,the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) (WE-1) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) (MC 17.05) c. Wet down the areas that are to be graded or that are being graded, at minimum in the late morning and after work is completed for the day. (PW) (WE-1/MC 17.05) d. The construction disturbance area shall be kept as small as possible and maintained in such a manner that there will be the least possible impact to the adjacent wetland. (PW) (EC 1) e. All haul trucks shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with AQMD Rule 403,particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Six foot high dust/wind barriers shall be installed along the perimeter of the site. (PW) i. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Comply with the "Water Quality Management Plan"requirements. (PW) (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.23 k. Construction equipment shall be maintained in peak operating condition to reduce emissions. 1. Use low sulfur(0.5%) diesel fuel by weight in all diesel equipment. m. Shut off engines when not in use. n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. o. Discontinue operation during second stage smog alerts. p. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. q. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries, associated with construction, grading,remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) r. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) s. To reduce project-related construction noise impacts generated by the proposed project, the following conditions shall be implemented: (MM-CON 13) 1) Construction activities shall be limited to hours specified by the City Noise Ordinance; and 2) Unnecessary idling of internal combustion engines shall be prohibited. t. During construction, a security fence,the height of which shall be determined by the City of Huntington Beach Department of Building and Safety, shall be installed around the perimeter of the site. The construction site shall be kept clear of all trash, weeds, etc. (MM-CON 15) u. Construction activities, to the extent feasible, shall be concentrated away from adjacent residential areas and wetlands. Equipment storage and soil stockpiling shall be at least 100 feet away from adjacent residential property lines and wetlands. (MM-CON 16) v. Prior to excavation of the contaminated and other areas for rough grading, the project site shall be cleared of all excess vegetation, surface trash,piping, debris and other deleterious materials. These materials shall be removed and disposed of properly(recycled if possible). (MM-CON 17) w. Proper excavation procedures shall be followed to comply with OSHA's Safety and Health Standards. If applicable,the South Coast Air Quality Management District(SCAQMD) Rule 1166 permit shall be obtained prior to the commencement of excavation and remedial activities. (MM- CON 18) (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.24 x. The contractor shall follow all recommendations contained within the adopted Remedial Action Plan for the project site. (MM-CON 19) y. If asbestos or lead-based paints are identified in any on-site structures, the contractor shall obtain a qualified contractor to survey the project site and assess the potential hazard. The contractor shall contact the SCAQMD and the City of Huntington Beach Departments of Planning and Building and Safety prior to asbestos/lead paint removal. (MM-CON 20) z. If any hazardous materials not previously addressed in the mitigation measures contained herein are identified and/or released to the environment at any point during the site cleanup process, operations in that area shall cease immediately. At the earliest possible time, the contractor shall notify the City of Huntington Beach Fire Department of any such findings. Upon notification of the appropriate agencies, a course of action will be determined subject to the approval of the by the City of Huntington Beach Department of Public Works and Fire Department. (MM-CON 21) aa. All structures must be cleaned of hazardous materials prior to off-site transportation, or hauled off- site as a waste in accordance with applicable regulations. (MM-CON 22) bb. Structure removal operations shall comply with all regulations and standards of the SCAQMD. (MM-CON 23) cc. The contractor shall post signs prior to commencing remediation, alerting the public to the site cleanup operations in progress. The size, wording and placement of these signs shall be reviewed and approved by the City of Huntington Beach Departments of Planning and Public Works. (MM- CON 24) dd. Any unrecorded or unknown wells uncovered during the excavation or grading process shall be immediately reported to and coordinated with the City of Huntington Beach Fire Department and State Division of Oil, Gas, and Geothermal Resources (DOGGR), and shall meet City Specification 422—Oil Well Abandonment Permit Process. (MM-CON 25) ee. During remediation, if any soil is found to be hazardous due to contamination other than petroleum hydrocarbons, it will be segregated, stockpiled, and handled separately. (MM-CON 26) ff. Dust and volatile organic emissions from excavation activities shall be controlled through water spray or by employing other approved vapor suppressants including hydromulch spray in accordance with Regional Water Quality Control Board(RWQCB) Waste Discharge Requirements and the South Coast Air Quality Management District(SCAQMD)permit conditions. (MM-CON 27) gg. Prior to initiating the removal of structures and contaminated materials, the contractor must provide evidence that the removal of materials will be subject to a traffic control plan, for review and approval by the by the City of Huntington Beach Department of Public Works. The intent of this measure is to minimize the time period and disruption of heavy duty trucks. For all work done (October 17,2005 CUP 02-041CDP 02-05) Attachment No. 1.25 in the City of Costa Mesa, the project applicant shall receive approval from the Costa Mesa Public Services Department. (MM-CON 32) hh. Construction related activities will be subject to, and comply with, standard street use requirements imposed by the City of Huntington Beach, County and other public agencies, including the use of flagmen to assist with haul truck ingress and egress of construction areas and limiting the large size vehicles to off-peak commute traffic periods. For all work done in the City of Costa Mesa, the project applicant shall receive approval from the Costa Mesa Public Services Department. (MM-CON 33) ii. During periods of heavy equipment access or truck hauling,the Contractor will provide construction traffic signage and a construction traffic flagman to control construction and general project traffic at points of ingress and egress and along roadways that require a lane closure. (MM- CON 35) J. If grading operations uncover paleontological/archeological resources, the applicant shall suspend all development activity to avoid destruction of resources until a determination can be made as to the significance of the paleontological/archeological resources. The archeologist/paleontologist pre-approved by the City shall report such findings to the Planning Department and the pre- approved Native American representative, if applicable. If the paleontological/archeological resources are found to be significant, the City shall determine appropriate actions, in cooperation with the applicant and in consultation with the Native American representative, if applicable, for exploration and salvage. kk. Excavation for the proposed project shall implement dewatering activities in compliance with NPDES regulations. Pumped groundwater shall be sampled, tested, and(if deemed necessary) treated prior to discharge. (MM-GEO 3) 9. Prior to the excavation process for pipeline construction, the contractor shall coordinate with the County of Orange's Integrated Waste Management Department in order to ensure that proposed pipeline construction does not impact drainage of the former Cannery Street Landfill. (MM-CON 28) 10. Methane migration features will be consistent with the requirements of the City of Huntington Beach Specification Number 429 and other applicable state and federal regulations. The methane migration features shall be submitted for review and approval to the Orange County Health Care Agency (OCHCA), Environmental Health Division and the City of Huntington Beach Fire Department. (MM- CON 29) 11. Studies to evaluate the potential for landfill gas (LFG) generation and migration will be completed prior to issuance of grading permits. Appropriate mitigation measures will be coordinated with the South Coast Air Quality Management District, Solid Waste Local Enforcement Agency, Regional Water Quality Control Board, and the City of Huntington Beach Fire Department. Mitigation measures could entail active or passive extraction of LFG to control surface and off-site migration and passive barriers with vent layers and alarm systems below trenches and within 1,000 feet of the former Cannery Street Landfill boundary. A comprehensive monitoring network will be established along the (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.26 pipeline alignment adjacent to the landfill. Approved periodic monitoring of the monitoring network will be performed. (MM-CON 30) 12. A Traffic Management Plan(TMP) shall be prepared and implemented to the satisfaction of the affected jurisdiction within which the facilities are to be constructed when the facilities are to be located where construction would affect roadways. The TMP shall include, but not be limited to, the following measures: (MM-CON 31) a. Limit construction to one side of the road or out of the roadbed where possible; b. Provision of continued access to commercial and residential properties adjacent to construction sites; c. Provide alternate bicycle routes and pedestrian paths where existing paths/routes are disrupted by construction activities, if any, and prior to initiating construction,the public shall be notified as to which bicycle routes will be disrupted and when construction will commence; d. Submit a truck routing plan, for approval by the City of Huntington Beach, County, and other responsible public agencies in order to minimize impacts from truck traffic during material delivery and disposal; e. Prior to any partial or full closure on a street within the city of Costa Mesa's limits, a detour plan shall be submitted to the city for approval by the City Transportation Services Manager. Where construction is proposed for two-lane roadways, confine construction to one-half of the pavement width. Establish one lane of traffic on the other half of the roadway using appropriate construction signage and flagmen; f. The TMP shall be approved by affected agencies at least two weeks prior to construction. The applicant shall submit the TMP to Caltrans and the City of Costa Mesa at the 90-percent design phase; g. Construction activities shall be coordinated with other construction activity taking place in the affected area(s); and h. Provide for temporary parking, where necessary, during installation of pipelines within the AES site. 13. The Contractor shall obtain the necessary right-of-way encroachment permits and satisfy all permit requirements. Nighttime construction may be performed in congested areas. Also, any nighttime construction activities shall have prior approval by the City of Huntington Beach Department of Public Works. Any nighttime construction activities in the City of Costa Mesa shall receive approval from the Public Services Director. (MM-CON 34) 14. Prior to the commencement of any directional boring for water conveyance pipeline implementation, the applicant shall prepare a Frac-Out Contingency Plan. The plan shall establish criteria under which a bore would be shut down(e.g., loss of pressure, loss of a certain amount of returns) and the number of times a single bore should be allowed to frac-out before the bore is shut down and reevaluated. It will also clearly state what measures will be taken to seal previous frac-outs that have occurred on a given bore to ensure that it does not become the path of least resistance for subsequent frac-outs. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.27 Additionally, the site-specific Frac-Out Contingency Plan will be prepared and reviewed by the City Engineer and appropriate resource agencies prior to each major bore. (MM-CON 41) 15. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 16. The applicant and applicant's representatives shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 17. The applicant shall completely remove the storage tanks from the site within 12 months from the date of approval of City building permits and agreements. 18. The applicant/property owner and each successor in interest to the property which is the subject of this project shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents,officers or employees, to attack, set aside,void or annul any approval of the City, City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 shall not become effective until the ten calendar day appeal period has elapsed and until the ten working day appeal period has elapsed for Coastal Development Permit. Because the project is in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The City Council reserves the right to revoke Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05,pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building p p Y pp Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.28 5. Construction shall be limited to Monday—Saturday 7:00 AM to 6:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the City Council's action. 8. A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Building Permits. 9. Park Land In-Lieu Fees shall be paid at issuance of building permits. 10. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the City Council. 11. The development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 12. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying any building. 13. The Water Ordinance 414.52,the"Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (PW) 14. All existing and new utilities shall be undergrounded. (PW) 15. Traffic impact fees for non-residential developments shall be paid at a rate of$140 per net new added daily trip at the time of final inspection or issuance of a Certificate of Occupancy. This rate is subject to an annual adjustment. (PW) (MM-PSU 2) (MC 17.65) 16. An Encroachment Permit is required for all work within the City's right-of-way. (PW) 17. The applicant is hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code 66020. 18. The applicant or its successor shall comply with all directives, requirements, orders, or other regulatory requirements of federal, state, and local regulatory agencies having jurisdiction over the (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.29 adjacent wetlands, whether in the existing degraded conditions or as a restored wetland relative to the desalination plant. 19. The applicant shall produce potable water of quality that is in compliance with all applicable regulatory requirements. In addition, the applicant shall supply Irvine Ranch Water District (IRWD) and any other water agency with water of quality that does not cause the agency to violate the pertinent limits of the agency's reuse permit, applicable to the desalinated water quality at the time the proposed project is ready to begin the supply of desalinated water to water agencies. The applicant shall reach an agreement with the Municipal Water District of Orange County(MWDOC) and its affected member agencies regarding the specific requirements of the quality of the desalinated water prior to beginning construction of the desalination plant. If agreement between the two parties is not reached by then, MWDOC has the right to reject the use of desalinated water. (October 17,2005 CUP 02-04/CDP 02-05) Attachment No. 1.30 ATTACHMENT 2 1 SEAWATER DESALINATION PROJECT SCH# 2001051092 STATEMENT OF FACTS AND FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 1.0 INTRODUCTION The California Environmental Quality Act ("CEQK) in Public Resources Code Section 21081 provides that: "[N]o public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." The City of Huntington Beach certifies the Seawater Desalination Project at Huntington Beach Environmental Impact Report ("EIR") and approves the following project components: construction and operation of a seawater desalination facility, which includes an administration building, a reverse osmosis facility building, a pretreatment filter structure, a chemical storage/solids handling building, a bulk chemical storage building, product water and influent pump stations (situated underground) and surge tank, a rinse tank, a lime silos, a wash water tank, carbon dioxide tanks, an ammonia tank, an electrical substation building, an aboveground product water tank, appurtenant facilities, and pipelines and pump stations to deliver drinking water into the regional water distribution system. Also part of the project includes the demolition of three fuel storage tanks and interior berms, a conditional use permit ("CUP") and a Coastal Development Permit ("CDP"). Due to the potential impacts to the environment and because the proposed action constitutes a project under CEQA and the State CEQA Guidelines, the City of Huntington Beach has prepared a Final Recirculated EIR (FREIR)(State Clearinghouse No. 2001051092). The FREIR identified certain potentially significant effects that may occur as a City of Huntington Beach September 23, 2005 Page 1 of 48 Seawater Desalination Nroject at Huntington tseacn I-INUINU j Ut- I-AU 15 Recirculated EIR No. 00-02 result of implementation of the project, unless mitigation measures, project design features and/or standard conditions are adopted for the project. The mitigation measures, project design features, and standard conditions identified in the FREIR are proposed to be adopted for the project. The DREIR was circulated for public review and comment for over a 45-day period (April 5, 2005 to May 27, 2005) as specified in the State CEQA Guidelines. Public comments were received by the City and have been responded to by the City in accordance with CEQA requirements. The City of Huntington Beach determines that the Final EIR, comprised of the DREIR, a list of persons, organizations and public agencies commenting on the DREIR, comments received from the public and interested agencies, the Responses to Comments prepared by the City (including Errata to the DREIR), and all attachments and documents incorporated by reference is complete and adequate, and has been prepared in accordance with CEQA and the State CEQA Guidelines. The FREIR identified certain significant effects on the environment that may occur if the project is approved or carried out. Therefore, in accordance with CEQA, the City of Huntington Beach adopts this Statement of Facts and Findings and makes one or more of the three Section 21081 findings for each significant impact identified. For all but one of the significant effects identified in the FREIR, changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. In addition, for certain significant effects that may occur, the Final EIR has identified changes or alterations that are within the responsibility and jurisdiction of other public agencies. Those changes or alterations have been, or can and should be, adopted by those other agencies. The FREIR also identified one unavoidable significant effect on the environment that may occur as a result of the project, even with the implementation of mitigation (see Section 5.0 of this Statement of Facts and Findings). Where the decision of a public agency allows the occurrence of a significant effect, which is identified in the FREIR but is not avoided, the agency must state in writing the specific reasons to support its action based on the FREIR and other information in the record. Such a statement is called a Statement of Overriding Considerations. In accordance with CEQA, therefore, the City of Huntington Beach adopts the Statement of Overriding Considerations included as Section 7.0 of this Statement of Facts and Findings. This Statement of Facts and Findings, including the Statement of Overriding Considerations, is adopted by the City of Huntington Beach as part of its action to certify the FREIR and approve the Seawater Desalination Project at Huntington Beach. 2.0 DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL The proposed project involves the construction and operation of a seawater desalination facility producing approximately 50 million gallons per day (mgd) of potable water. The facility would take source water for the desalination facility from the existing condenser cooling seawater discharge pipe system of the HBGS, purify it utilizing reverse osmosis (RO) technology, discharge concentrated seawater byproduct water through the existing HBGS outfall, and deliver potable product water to the distribution system. The product drinking water will be delivered to the existing regional water distribution system to meet the needs of Orange County. A more detailed project description is provided in Section 3.0, PROJECT DESCRIPTION of the DREIR. City of Huntington Beach September 23, 2005 Page 2 of 48 Jeawater uesannation f roject at Huntington t9eacn I-INUINU5 Ul- I-AL;1 J Recirculated EIR No. 00-02 Off-site components necessary to effectuate delivery of the potable product water into the existing regional water distribution system include a water transmission pipeline alignment extending into the City of Costa Mesa and two booster pump stations (one within an unincorporated portion of Orange County and another within the City of Irvine). 3.0 FINDINGS CONCERNING IMPACTS FOUND TO BE LESS THAN SIGNIFICANT In evaluating the potential impacts associated with the project, the FREIR identified potential impacts that would not be significant. This section of the Statement of Facts and Findings identifies those impacts that may occur with project implementation, but were found to be below the threshold of significant. CEQA does not require findings for impacts that are found to be less than significant, and therefore do not require mitigation. Nevertheless, the following information is provided in order to summarize the bases for determinations of non-significance for the potential impacts as presented in the Section 5.0, ENVIRONMENTAL ANALYSIS, in the FREIR. (Note that Section 8.0, EFFECTS FOUND NOT TO BE SIGNIFICANT, provides an examination of potential project impacts that were found not to be significant in the Initial Study. That information is not repeated herein, but is incorporated by reference as if set forth in full in this Statement of Facts and Findings.) In some cases, the impacts addressed in this Statement of Facts and Findings are found not to be significant due to their nature. In other cases, the determinations take into account certain design features of the project. Although impacts determined to be not significant do not themselves require mitigation, in some cases mitigation measures that have been required to address other impacts found to be potentially significant and in need of mitigation will also further reduce the non-significant impacts. In these cases, the mitigation measures are noted, although the impacts would be less than significant even without such measures. Mitigation measures are referenced in this Statement of Facts and Findings using the same numbering system employed in the Mitigation Monitoring Program and the FREIR. Refer to Attachment B, MITIGATION MONITORING PROGRAM for a complete listing of mitigation measures and monitoring requirements. A. IMPACTS RELATED TO LAND USE/RELEVANT PLANNING (DREIR page 5.1-1 to 5.1-11) Section 5.1 of the DREIR addresses the potential impacts related to land use/relevant planning. Both topics (land use and relevant planning) are addressed in this Section of the Statement of Facts and Findings. Finding for Potential Land Use Impacts The Seawater Desalination Project at Huntington Beach will not create any significant impacts to surrounding land uses. Less than significant impact. In addition, mitigation measures NOI-1, ALG-1, ALG-2, and CON-1 through CON-47, inclusive, further reduce these less than significant impacts. Facts in Support of Finding Based on the analysis presented in Section 5.1 of the DREIR, land use impacts are less than significant without mitigation. Potential land use impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features identified in the City of Huntington Beach September 23, 2005 Page 3 of 48 beawater uesaiination vroiect at Muntmgton beacn HNUINCiS Ur hAU 16 Recirculated EIR No. 00-02 DREIR. Moreover, mitigation measures NOI-1, ALG-1, ALG-2, and CON-1 through CON-45, inclusive, further reduce these less than significant impacts. Finding for Potential Relevant Planning Impacts The Seawater Desalination Project at Huntington Beach will not conflict with applicable relevant planning programs. No impact. Facts in Support of Finding Based on the analysis presented in Section 5.1 of the DREIR, relevant planning impacts are not significant. The project as described in Section 2.0 of this Statement of Facts and Findings will be consistent with the City of Huntington Beach General Plan, Local Coastal Program, Zoning and Subdivision Ordinance, and with the SCAG Regional Comprehensive Plan and Guide. There is no need to change any General Plan or Zoning designations. During the design development stage, the Applicant will be submitting more detailed plans reflecting code and policy compliance with specific issues. The design will be required to comply with all applicable standard development conditions. B. IMPACTS RELATED TO GEOLOGY, SOILS, & SEISMICITY (DREIR pages 5.2-1 to 5.2-13) Section 5.2 of the DREIR addresses the project's potential impacts related to geology, soils and seismicity. The DREIR addresses six topics, two of which (topography and off-site pipelines and underground pump stations) are addressed in this Section. The remaining four topics are addressed in Section 4.0-13 of this Statement of Facts and Findings. Finding for Topography The Seawater Desalination Project at Huntington Beach will have no significant impact on the natural topography of the project area. Less than significant impact. Facts in Support of Finding Based on the analysis presented in Section 5.2 of the DREIR, topography impacts are less than significant without mitigation. No significant landform impacts will result because the project area is relatively flat. The proposed desalination facility site consists of three fuel storage tanks on a flat surface, surrounded by containment berms of 10 to 15 feet in height. The western and southern berms would be removed prior to construction of the desalination facility, while the eastern and northern berms (the northern berm exists outside of the project boundaries) will not be removed. The site does not contain any unique physical or topographical features. Finding for Off-Site Pipelines and Underground Pump Stations The Seawater Desalination Project at Huntington Beach off-site pipelines and underground pump stations will not subject to significant hazards related to geology, soils and seismicity. Less than significant impact. In addition, applicable mitigation measures contained within Section 5.9 of the DREIR, inclusive, further reduce these less than significant impacts. City of Huntington Beach September 23, 2005 Page 4 of 48 Seawater uesaunation Nr0)ect at Huntington beacn HNUINUb LA- I-AU 15 Recirculated EIR No. 00-02 Facts in Support of Finding Based on the analysis presented in Section 5.2 of the DREIR, impacts related to geology, soils and seismicity for the project's off-site pipelines and pump stations are less than significant. No significant impacts will result because the majority of the pipeline alignment will occur within existing street right-of-way and various utility lines currently exist along the alignment. The pump station locations are also located in close proximity to existing pipelines. Standard conditions similar to those to be implemented for the on-site desalination facilities will apply to minimize impacts and design level geotechnical investigations will be performed. Moreover, applicable mitigation measures contained within Section 5.9 of the DREIR, inclusive, further reduce these less than significant impacts. C. IMPACTS RELATED TO HYDROLOGY, DRAINAGE AND STORM WATER RUNOFF (DREIR pages 5.3-1 to 5.3-8) Section 5.3 of the DREIR addresses the project's potential long-term impacts related to hydrology and water quality. The DREIR addresses four topics, two of which are addressed in this Section. The remaining topics are addressed in Section 4.0-C of this Statement of Facts and Findings. The topics where the impacts were found to be less than significant are: • Fertilizer and Pesticides • Water Quality Impacts to Nearby Coastal Wetlands from On-site Spillage Finding for Fertilizer and Pesticides The use of fertilizers and pesticides on landscaping at the Seawater Desalination Project at Huntington Beach will not have a significant impact on water quality. No significant impact is found. In addition, mitigation measure HWQ-1 further reduces this less than significant impact. Facts in Support of Finding The project will incorporate both native and non-native landscaping on site, as explained in Section 5.3 of the DREIR. Non-native vegetation may require periodic fertilization and pest control. The use of fertilizers and pesticides would comply with the City of Huntington Beach standards as well as the guidelines set forth in the Orange County Management Guidelines. The landscaping will be maintained in accordance with City of Huntington Beach standards. Based on the size of the landscaped areas, small amounts of fertilizers and pesticides will be needed. Use of these chemicals on project landscaping will not result in a significant impact to groundwater, adjacent Ocean waters, or surrounding uses. Moreover, mitigation measure HWQ-1 further reduces this less than significant impact. Finding for Potential Water Quality Impacts to Nearby Coastal Wetlands from On-Site Spillage Potential on-site spillage from the Seawater Desalination Project at Huntington Beach will have no significant impact on nearby coastal wetlands. Less than significant impact. Facts in Support of Finding As explained in Section 5.3 of the DREIR, the project design incorporates appropriate leak/spill containment features that minimize the likelihood for hazardous materials being stored, used or transported on-site from impacting adjacent uses. Moreover, nearby coastal wetlands, including City of Huntington Beach September 23, 2005 Page 5 of 48 Seawater vesaimation t'roject at Huntington beacn 1-INUINCiS Ut- t-AU 15 Recirculated EIR No. 00-02 the privately owned open space/wetlands area that abuts the edge of the southwest corner of the desalination facility site, are physically separated from the desalination facility by existing berms (that will remain in place). D. IMPACTS RELATED TO AIR QUALITY (DREIR pages 5.4-1 to 5.4-17) Section 5.4 of the DREIR addresses the potential impacts related to air quality. Four topics (long-term mobile source emissions and electricity consumption, chemical storage facilities, off- site pipelines and underground pump stations, and consistency with regional plans) are addressed in this Section of the Statement of Facts and Findings. Finding for Mobile Source Emissions and Electricity Consumption The Seawater Desalination Project at Huntington Beach will not result in significant impacts in regards to mobile or off-site energy related air emissions. Less than significant impact. Facts in Support of Finding The analysis in Section 5.4 of the DREIR shows that the desalination facility would generate nominal amounts of on-site area source and off-site mobile source emissions. In addition, off- site energy emissions associated with the proposed facility's electricity consumption have been previously accounted for within local and regional planning documents as well as environmental documentation prepared for SCAQMD's Regional Clean Air Incentives Market (RECLAIM) and New Source Review programs. Impacts in this regard are not anticipated to be significant. Finding for Chemical Storage Facilities The proposed project would not result in significant air quality impacts in regards to chemical storage facilities. Less than significant impact. Facts in Support of Finding g As explained in Section 5.4 of the DREIR, the proposed desalination plant would use fewer chemicals of lower dosages than existing conventional water treatment plants in Southern California. In addition, based on the types of chemicals stored on site and their containment methods, odors are unlikely to emanate from the project site. Chemical storage and the use of chemicals during the desalination process are not anticipated to have significant impacts to air quality in the region. Finding for Off-Site Pipelines and underground Pump Stations The Seawater Desalination Project at Huntington Beach will not significantly impact air quality. The impacts associated with the operation of diesel-power generators are anticipated to be less than significant. Facts in Support of Finding It would be necessary to apply for a Special Application for Temporary Emergency Authorization To Operate Electric Backup Generator(s) During Involuntary Power Service Interruptions Permit.' The project would obtain all required air quality permits. Therefore, impacts associated ' South Coast Air Quality Management District, http://www.agmd.gov/i)ermit/em back ug gen.htmi, November 29, 2004. City of Huntington Beach September 23, 2005 Page 6 of 48 seawater uesallnation rroject at Huntington tseacn VINUINUZ5 Ur t-AU I s Recirculated EIR No.00-02 with the operation of diesel- powered generators are anticipated to be less than significant, as explained in Section 5.4 of the DREIR. In addition, water transmission lines would not result in criteria pollutant emissions and therefore would not have any significant impacts to air quality. Finding for Consistency with Regional Plans The Seawater Desalination Project at Huntington Beach will not conflict with local and regional air quality planning documents. Less than significant impact. Facts in Support of Finding As explained in Section 5.1 of the DREIR, the proposed project does not involve a General Plan amendment, zone change, or other change in land use, and is consistent with the County of Orange and City of Huntington Beach land use assumptions. The regional Air Quality Management Plan (AQMP) is based on the City and County's General Plan assumptions, and the project is consistent with these assumptions. Consequently, as explained in Section 5.4 of the DREIR, the project would be considered consistent with the AQMP. In addition, according to SCAG, the project is consistent with the Regional Comprehensive Plan and Guide (RCPG). Impacts in this regard are not anticipated to be significant.DR E. IMPACTS RELATED TO NOISE (DREIR pages 5.5-1 to 5.5-13) Section 5.5 of the DREIR addresses the project's potential impacts related to noise. The DREIR addresses two topics (mobile noise sources and stationary noise sources). Mobile noise sources and stationary noise sources for the off-site pipelines and booster pump stations are addressed in this Section. Stationary noise sources for the desalination facility site are addressed in Section 4.0-E of this Statement of Facts and Findings. Finding for Mobile Noise Sources The Seawater Desalination Project at Huntington Beach will not generate a significant amount of noise resulting from mobile noise sources. Less than significant impact. Facts in Support of Finding As explained in Section 5.5 of the DREIR, the project would generate a nominal amount of noise resulting from mobile sources as a result of employee trips and truck-generated traffic. The proposed desalination facility would employ a total of approximately 18 people, with an average of five to seven people on-site per shift on weekdays. In addition, facility operation would require a maximum of four truck trips per day for solid waste disposal and chemical delivery. Noise generated by mobile sources as a result of the proposed desalination facility is so nominal that impacts in this regard will be less than significant. Finding for Noise from Long-Term Operations of Off-Site Pipelines and Underground Booster Pump Stations The proposed desalination project would not generate a significant amount of noise resulting from long-term operations off-site pipelines and underground booster pump stations. City of Huntington Beach September 23, 2005 Page 7 of 48 Seawater uesalination Project at Huntington beacn rINuINUb Ur FAL I J Recirculated EIR No. 00-02 Facts in Support of Finding As explained in Section 5.5 of the DREIR, the proposed product water pipelines would occur entirely underground. Upon completion of construction, these pipelines would not generate noise. In addition, as the OC-44 booster pump station would be placed underground, the off- site underground booster pump station is not anticipated to adversely affect the NCCP/HCP area along the eastern border of the City of Newport Beach. Similarly, the coastal junction booster pump station would both be located underground and contain an adequate amount of acoustical shielding. Impacts in this regard are not anticipated to be significant. F. IMPACTS RELATED TO PUBLIC SERVICES AND UTILITIES (DREIR pages a es 5.6-1 to 5.6-14) Section 5.6 of the DREIR addresses the project's potential impacts related to public services and utilities. The DREIR addresses fourteen topics, eight of which are addressed in this Section. The remaining topics are addressed in Section 4.0-F of this Statement of Facts and Findings. The topics where the impacts were found to be less than significant are: • Fire Service • Police Service • Libraries • Parks and Recreation • Reclaimed Water • Electricity • Gas • Telephone and Cable Finding for Fire Service The Seawater Desalination Project at Huntington Beach will not have a significant impact on the demand for fire service within the City of Huntington Beach. Less than significant impact. Facts in Support of Finding It is not anticipated that project implementation would result in the need for additional Fire Department facilities. The project is not of the scope or nature to create a significant increase in demand for services requiring physical additions to the City of Huntington Beach Fire Department. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Police Service The Seawater Desalination Project at Huntington Beach will not have a significant impact on the demand for police service within the City of Huntington Beach. Less than significant impact. Facts in Support of Finding Implementation of the project will not create a significant increase in service calls to the project area nor is it expected to result in the need for additional police facilities within the City of Huntington Beach. As explained in Section 5.6 of the DREIR, impacts are less than significant. City of Huntington Beach September 23, 2005 Page 8 of 48 Seawater uesalination rroject at huntington beacn t-INUINUb VI- t-AU I J Recirculated EIR No. 00-02 Finding for Libraries The Seawater Desalination Project at Huntington Beach will not have a significant impact on the City of Huntington Beach library system. Less than significant impact. Facts in Support of Finding The proposed desalination project is not anticipated to have significant impacts on the City of Huntington Beach library system. Although the nearest library facility to the project site (the Banning Branch Library) is small in size, the project is anticipated to have a negligible impact on the branch. The applicant will be required to pay standard library enrichment fees concurrent with building permit issuance. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Parks and Recreation The Seawater Desalination Project at Huntington Beach will not have a significant impact on the demand for parks and recreational facilities within the City of Huntington Beach. Less than significant impact. Facts in Support of Finding The desalination plant will employ approximately 18 people, with five to seven people on duty during regular working hours Monday through Friday, and a minimum of two people on duty during swing shifts, graveyard shifts, and weekends. Consequently, the project is anticipated to have a negligible impact on parks and recreation facilities within the City of Huntington Beach. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Reclaimed Water The Seawater Desalination Project at Huntington Beach will not have a significant impact on the availability of the City's reclaimed water facilities. Less than significant impact. Facts in Support of Finding The proposed project will not require the use of reclaimed water or installation of reclaimed water facilities, as the project itself will be a new water reclamation source. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Electricity The Seawater Desalination Project at Huntington Beach will not have a significant impact on the electrical facilities providing service to the project vicinity. Less than significant impact. Facts in Support of Finding The project would consume approximately 720 to 840 megawatt hours per day. The electricity consumption of the desalination facility would result in an increase in electrical demand within Orange County of approximately 0.8 percent, while that percentage would drop to 0.1 for the Southern California region. City of Huntington Beach September 23, 2005 Page 9 of 48 Seawater uesaiination rroject at Huntington beacn rINUINU j Vf VAU 16 Recirculated EIR No.00-02 The facility would utilize off-peak power to the maximum extent practicable. To assist the power system in times of high demand, the desalination facility would conduct load management/shifting to reduce demands during high peak energy periods. The modular characteristics of the reverse osmosis system allow for cycling water production without shutting down all water production. During high peak energy periods, the treatment process may be turned down and water will be delivered to the system from the on-site storage tank. During off peak energy and higher water production periods the treatment process will produce water to deliver to the system and replenish the storage tank resulting in an average of 50 MGD. This shift of a portion of the desalination facility water treatment production from the peak to off-peak period of municipal power demand would help in reducing the overall maximum load on the power grid and thereby be more energy efficient. In addition, the facility would include energy recovery devices (allowing the reuse of at least 30 percent of what is consumed) and would benefit from the heated water coming from the HBGS condensers. Moreover, electric power generating plants are distributed throughout the state, and the project's electrical demand would be met by dozens of power plants connected to a regional power supply source, with many of those plants located outside of Southern California. SCE is prepared to install electrical distribution facilities to the project site. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Gas The Seawater Desalination Project at Huntington Beach will not have a significant impact on local natural gas facilities. Less than significant impact. Facts in Support of Finding The Southern California Gas Company can provide gas service to the proposed project via numerous gas mains surrounding the subject site. Project implementation would not result in any construction related impacts to the service area. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Telephone and Cable The Seawater Desalination Project at Huntington Beach will not have a significant impact on telephone or cable service facilities within the vicinity of the project area. Less than significant impact. Facts in Support of Finding Both Verizon (telephone) and Time Warner (cable) will be available to provide service to the subject site from existing facilities surrounding the subject site. As explained in Section 5.6 of the DREIR, impacts are less than significant. G. IMPACTS RELATED TO AESTHETICS/ LIGHT AND GLARE (DREIR pages 5.7-1 to 5.7-7) Section 5.7 of the DREIR addresses the project's potential impacts related to aesthetics/light and glare. The DREIR addresses three topics, one of which (off-site light and glare) is addressed in this Section. The remaining two topics are addressed in Section 4.0-G of this Statement of Facts and Findings. City of Huntington Beach September 23, 2005 Page 10 of 48 Seawater UeS811nailOn f'r0J@Ct at Huntington t5@acn rINuINVS Ur rAU 1,5 Recirculated EIR No. 00-02 Finding for Off-Site Light and Glare The Seawater Desalination Project at Huntington Beach will not have a significant off-site light and glare impact. Less than significant impact. I Facts in Support of Finding As explained in Section 5.7 of the DREIR, off-site light and glare impacts are less than significant. Project implementation may result in an insignificant increase in the amount of light and glare off-site from vehicles utilizing the facility. However, additional lighting or glare- inducing surfaces will not occur as a result of the water transmission pipeline or underground pump stations because those facilities will be underground. Impacts in this regard are less than significant. H. IMPACTS RELATED TO HAZARDS AND HAZARDOUS MATERIALS (DREIR pages 5.8-1 to 5.8-10 Section 5.8 of the DREIR addresses the potential impacts related to hazards and hazardous materials. Finding for Hazards and Hazardous Materials The Seawater Desalination Project at Huntington Beach will not result in significant impacts in regards to on-site hazards or hazardous materials. Less than significant impact. Facts in Support of Finding While potential future uses may require the storage, use, transportation, and/or handling of hazardous materials, as explained in Section 5.8 of the DREIR, any such hazards would be minimized by adherence to Federal, State, and City regulations. These requirements include monitoring devices, spill control, emergency response plans, appropriate on-site safety equipment, and the proper design of all facilities. With the implementation of standard conditions and required design features, impacts in this regard will be less than significant. Finding for Off-Site Pipeline Alignments and Underground Booster Pump Stations The proposed desalination project would not result in long-term operational impacts in regards to off-site pipeline alignments and underground booster pump stations. Less than significant impact. Facts in Support of Finding As explained in Section 5.8 of the DREIR, the proposed off-site pipeline alignments would occur adjacent to a variety of land uses. Hazardous materials impacts due to long-term operation of the pipelines are not anticipated to occur, as the only liquid proposed for conveyance is potable water. The OC-44 pump station and coastal junction pump station would both require a diesel storage tank that would be placed underground and adequate safety measures would be implemented. Impacts in regards to the off-site use, storage, and transport of hazardous materials are not anticipated to be significant. City of Huntington Beach September 23, 2005 Page 11 of 48 Seawater uesaunation rroject at Huntington tseacn rin►uiNuS ur rHc;s 5 Recirculated EIR No. 00-02 I. IMPACTS RELATED TO CONSTRUCTION (DREIR pages 5.9-1 to 5.9-36) Section 5.9 of the DREIR addresses the project's potential impacts related to construction. All of which are addressed in Section 4.0-1 and Section 5.0 of this Statement of Facts and Findings. J. IMPACTS RELATED TO OCEAN WATER QUALITY AND MARINE BIOLOGICAL RESOURCES (DREIR pages 5.10-1 to 5.10-41) Section 5.10 of the DREIR addresses the project's potential impacts related to ocean water quality and marine biological resources. Red Tides and Algal Toxins is addressed below, in Section 4.0-K, Impacts Related to Product Water Quality. The topics where the impacts were found to be less than significant are: • Potential Sources of Contamination in Proximity to the HBGS Intake • Elevated Bacteria Levels in the Huntington Beach Surf Zone • Concentrated Seawater Discharge • Reverse Osmosis Membrane Cleaning Solution • Impingement and Entrainment Finding for Potential Sources of Contamination in Proximity to the HBGS Intake The Seawater Desalination Project at Huntington Beach will not be significantly impacted by Orange County Sanitation District (OCSD) wastewater discharge, urban storm water runoff, dry weather runoff, the recirculation of HBGS discharge, the Los Angeles and San Gabriel Rivers, cruise ships and fishing boats, recreation, oil and gas production facilities, the operation of HBGS, or elevated bacteria levels in the Huntington Beach surf zone. Less than significant impact on the HBGS seawater intake. I Facts in Support of Finding Oceanographers from the Scripps Institution of Oceanography conducted modeling studies using a computer model that simulates ocean conditions near the HBGS intake and outfall (refer to Appendix C, HYDRODYNAMIC MODELING REPORT of the DREIR). The modelers from Scripps used their many years of experience working along the Southern California coast to determine the worst case conditions that would be modeled. The worst case conditions were chosen to determine if any adverse water quality or environmental impacts occurred under extreme ocean and weather conditions that were most likely to show an effect. The analysis in Section 5.10 of the DREIR shows that there will be a less than significant impact on the HBGS intake from potential contamination sources. Impact from OCSD Wastewater Discharge: The worst-case model results show that the OCSD discharge is diluted 30 million to one at the HBGS intake. Any contaminants discharged at the OCSD outfall would be diluted far below background levels at the intake to the HBGS. Therefore, the OCSD discharge does not have a significant source of contamination at the HBGS intake. As far as other constituents of concern for the OCSD discharge, the desalination facility discharge water quality would be well within the limits established in the Ocean Plan. Impacts in this regard will be less than significant. Impact from Urban Storm Water Runoff. During a 24-hour extreme runoff period only 0.0003 percent of the water at the HBGS intake would come from the Santa Ana River and Talbert Marsh and the remaining 99.9997 percent would be seawater. These results show that contaminants are not transported to the HBGS City of Huntington Beach September 23, 2005 Page 12 of 48 Seawater uesallnation t'roject at Huntington beacn NNUINU6 Ur rAU 16 Recirculated EIR No. 00-02 intake from the Santa Ana River and Talbert Marsh during extreme storm conditions. More detailed modeling results are presented in Appendix C of the DREIR, HYDRODYNAMIC MODELING REPORT. Impacts will be less than significant in this regard. Impact from Dry Weather Runoff. Tidal flushing of the Talbert Marsh would have the greatest potential to impact water quality at the HBGS intake during high spring tides combined with summer El Nino conditions when currents are flowing northwest from the marsh towards the intake. Under these worst-case conditions, the marsh water is diluted 20,000 to one and essentially does not reach the intake. This is due to the fact that the marsh water is released into the surf zone and the onshore waves keep the marsh water in the shallow nearshore waters, whereas the HBGS intake is located 1,840 feet offshore at a depth of approximately 33 feet. Impacts will be less than significant. Impact from the Recirculation of HBGS Discharge. The HBGS outfall is located approximately 1,500 feet offshore and 340 feet from the HBGS intake. The potential for recirculation of the discharge into the intake was examined. The discharge consists primarily of cooling water, but a small amount of power plant process wastewater and storm water can be mixed with the cooling water. The concentrated seawater from the proposed desalination facility will also be mixed with the power plant cooling water. Recirculation of the HBGS discharge would have the greatest potential to impact water quality at the intake during El Nino storm conditions when the maximum amount of storm water is being discharged through the outfall. The hydrodynamic model for recirculation of the HBGS discharge was run using the El Nino conditions of February 1998 and the maximum allowable discharge of 1.66 MGD of generating station process wastewater and storm water. In addition, the proposed desalination facility was assumed to be running at full capacity so that 50 MGD of concentrated seawater discharge was mixed with the cooling water discharge. Furthermore, recirculation potential was examined under two generating scenarios: 1) one generating unit on- line with a total discharge of 78.4 MGD of cooling water, storm water, and wastewater, and the concentrated seawater discharge and 2) four generating units on-line producing a total discharge of 458.6 MGD of cooling water, storm water, and wastewater, and the concentrated seawater discharge. The model results under worst case conditions for a 7-day extreme runoff period show that only 0.3 percent of the HBGS discharge would be recirculated to the intake. The results for four generating units show a greater dilution with only 0.1 percent of the HBGS discharge recirculated to the intake. Based on these results, the recirculation of the HBGS discharge during storm events has been shown to not affect the source water quality at the HBGS intake. Impacts are less than significant in this regard. Impacts from the Los Angeles and San Gabriel Rivers. The Los Angeles River discharges to the ocean approximately 16 miles upcoast (i.e. northwest) from HBGS, while the San Gabriel River discharges approximately 11 miles upcoast. The amount of dilution that occurs and the fact that the generating station intake is at a depth of approximately 33 feet indicates that contaminants entering the ocean from these two rivers would not likely affect the water quality at the HBGS intake. Impacts in this regard are less than significant. Impacts from Cruise Ships and Shipping Boats. The nearest major port for cruise ships is located approximately 16 miles northwest of the HBGS intake. Ingress/egress routes for cruise ships for Long Beach and Los Angeles Harbors do not come in close proximity to the HBGS. In addition, given the limited nature of sportfishing that occurs in the project site vicinity, impacts are less than significant. City of Huntington Beach September 23, 2005 Page 13 of 48 Jeawater uesallnation I-'roject at Huntington tseacn t-INUINUb Ur VAU 15 Recirculated EIR No. 00-02 Impacts from Recreation: Any contaminants released into the ocean due to recreational use are likely to be small in quantity greatly diluted due to tidal action. It would be difficult for such contaminants to reach the HBGS intake due to its depth of approximately 33 feet below the ocean surface. Impacts in regards to recreational uses are not anticipated to be significant. Impacts from Oil and Gas Production Facilities: There are two offshore oil platforms approximately 1.5 miles west of the HBGS intake and four platforms approximately 10 miles west of the intake. There have not been any reportable spills or leaks from the offshore oil platforms or the pipelines. A catastrophic event at one of the offshore platforms that is near the coast could affect water quality at the HBGS intake. However, given the relatively low probability based on operational history, impacts in this regard are less than significant. Impacts from Operations at HBGS: There are numerous water quality constituents regulated in drinking water supplies. Samples were collected from the HBGS intake vault and from the outlet of the condensers (where the desalination facility intake will be located). Although maximum contaminant levels (MCLs) apply to treated drinking water, raw water concentrations that exceed MCLs provide an indication of potential contaminants of concern. None of the primary MCLs are exceeded in the intake water and the only secondary MCLs that are exceeded are salts (TDS, chloride, sulfate) that would be removed by the reverse osmosis process. Impacts are less than significant in this regard. Cycle water is discharged to the cooling water system at various locations as the cooling water flows through the generating station. The cycle water is under vacuum so the cooling water leaks into the cycle water but the cycle water does not leak into the cooling water. There are several locations where cycle water is discharged into the cooling water system. The contaminants in these discharges will be greatly diluted by the large volume of cooling water compared to the small volume of the discharges. The only chemical of concern in a drinking water source is nitrite. The other chemicals in the discharges are not toxic to humans and drinking water standards have not been established. Because the volume of cooling water represents a maximum of 0.002 percent of the cooling water flowing through one unit at the HBGS, the nitrite concentration of 800 mg/L will be diluted to about 0.02 mg/L in the cooling water that would reach the desalination facility. This level of nitrite is well below the drinking water MCL of one mg/L. Nitrite and the other chemicals present in the cycle water discharges will easily be removed by the reverse osmosis membranes. As a result, impacts in this regard are less than significant. Storm runoff from the HBGS site and a limited amount of off-site urban runoff is currently discharged to the cooling water system upstream of the intake to the desalination facility. The applicant would coordinate with HBGS to reroute these discharges during construction of the desalination facility so they would be downstream of the desalination intake and not affect water quality at the desalination intake. The off-site urban runoff is from approximately 70 acres of land near the HBGS. Dry weather runoff collects in a ditch alongside Newland Street and is currently pumped into the HBGS outfall pipeline. The City of Huntington Beach plans to modify the system so that it flows into the HBGS site by gravity when improvements are made to Newland Street as part of the conditions placed upon the project by the City of Huntington Beach. Impacts are less than significant in this regard. Low volume wastes, metal cleaning wastes, and pipeline hydrostatic test water are diverted to the HBGS retention basin and then to the outfall, where the wastewater is mixed with cooling water. Currently this waste is discharged downstream of the intake to the desalination facility City of Huntington Beach September 23, 2005 Page 14 of 48 Seawater uesallnation Project at Huntington beacn I-INUINU6 Ur F-AU 16 Recirculated EIR No. 00-02 and would not be included in the source water for the proposed desalination facility. As a result, impacts in this regard are not anticipated to be significant. A number of petroleum products and other hazardous materials are stored and used at the generating station. Although unlikely due to spill prevention measures and clean-up procedures in place at the HBGS, there is the potential for a spill to reach the floor drain or the storm drainage system and enter the cooling water system. The floor and yard drainage system currently enters the outfall line downstream of the point where the desalination facility will be located and would not be included in the desalination facility's source water. As a result, impacts in this regard are not anticipated to be significant. Periodically water from the discharge vault is diverted back into the facility and reheated. This reheated water is then used to clean the discharge line of biological growths ("bio-film"). This recirculated water contains wastes that have been discharged to the discharge vault prior to the flow being reversed in the facility. The proposed desalination facility would not intake water from the HBGS cooling water system during heat treatments. In this regard, impacts are less than significant. Impacts from Elevated Bacteria Levels in the Huntington Beach Surf Zone: Contaminants are not transported to the HBGS intake from the Santa Ana River and Talbert Marsh during extreme storm event conditions. In addition, dry weather urban runoff at Talbert Marsh during tidal flushing essentially does not reach the HBGS intake. Although the cause of the elevated bacteria levels in the Huntington Beach surf zone has not been determined, the seawater desalination process would have the ability to remove bacteria and produce potable water meeting all State Title 22 standards. Impacts in this regard are less than significant. Finding for Elevated Bacterial Levels in the Huntington Beach Surf Zone The Seawater Desalination Project at Huntington Beach will not contribute to elevated bacterial levels in the Huntington Beach Surf Zone. Less than significant impact. Facts in Support of Finding The modelers from Scripps used their many years of experience working along the Southern California coast to determine the worst case conditions that would be modeled, as explained in Section 5.10 of the DREIR. The worst case conditions were chosen to determine if any adverse water quality or environmental impacts occurred under extreme ocean and weather conditions that were most likely to show an effect. The effect of the Santa Ana River and Talbert Marsh storm water on water quality at the HBGS intake was modeled assuming a very large, prolonged storm event and ocean currents flowing from the mouth of the river towards the HBGS facility. Normally, ocean currents flow in the opposite direction, down the coast (southeast) away from the HBGS. Extensive bacterial studies have shown that the Santa Ana River and Talbert Marsh appear to be the primary sources of fecal indicator bacteria to the near shore ocean. In addition, bird droppings and a reservoir of bacteria stored in the sediment and on marine vegetation may continue to be the source of bacteria at the mouths of the river and marsh. Modeling studies and monitoring data indicate that there is likely another unidentified source of bacteria in the vicinity of Stations 6N and 9N. However, three separate studies conducted between 2001 and 2002 have demonstrated that HBGS is not the source of bacteria in the surf zone. Less than significant impact on the Huntington Beach surf zone is expected. City of Huntington Beach September 23, 2005 Page 15 of 48 Seawater uesallnation Project at tiuntington beacn VINu{NUZ5 UV t-AU 15 Recirculated EIR No. 00-02 Finding for Concentrated Seawater Discharge The proposed desalination project concentrated seawater discharge will not significantly impact ocean water quality or marine biological resources in the area. Less than significant impact. Facts in Support of Finding As explained in Section 5.10 of the DREIR, the proposed project's discharge would not have a significant effect on organisms living around the discharge or organisms that would pass through the area. Most of the marine organisms living near the HBGS also occur in other areas of the Southern California Bight where naturally occurring salinities can be higher than what is anticipated at the HBGS outfall. Plankton, fishes, and other water-column species would have brief exposure to the concentrated seawater discharge field, and the area of benthic impacts would be relatively small and localized. In addition, no endangered species or kelp beds exist within the vicinity of the HBGS outfall. As ocean water quality impacts and impacts to marine biological resources are not anticipated to be significant, a separate routine monitoring process is not proposed as part of the project. However, if applicable, ocean water quality and biological monitoring during long-term project operation will be conducted as directed by the RWQCB. Impacts are less than significant in this regard. Finding for Reverse Osmosis Membrane Cleaning Solution The Seawater Desalination Project at Huntington Beach will not significantly impact ocean water quality or marine biological resources due to the discharge of reverse osmosis membrane cleaning solution through the HBGS outfall. Less than significant impact. Facts in Support of Finding As stated in the DREIR in Section 3.0, PROJECT DESCRIPTION, the reverse osmosis system trains will be cleaned using a combination of cleaning chemicals such as industrial soaps (e.g. sodium dodecylbenzene, which is frequently used in commercially available soaps and toothpaste) and weak solutions of acids and sodium hydroxide. The "first rinse" treated waste cleaning solution from the washwater tank will be discharged into the local sanitary sewer for further treatment at the OCSD regional wastewater treatment facility. The cleaning rinse water following the "first rinse" will be mixed with the RO facility concentrated seawater, treated waste filter backwash, and the AES plant discharge and sent to the ocean. This "second rinse" water stream will contain trace amounts of cleaning compounds and would be below detection limits for hazardous waste. An Industrial Source Control Permit from the OCSD for discharge of waste cleaning solution into the sanitary sewer system will be required for the project. In addition, the discharge must comply with the limits and requirements contained in the OCSD's Wastewater Discharge Regulations. The analysis in Section 5.10 of the DREIR shows that impacts to the local marine environment would be less than significant. As explained in Section 5.10 of the DREIR, an alternative to discharging the "first rinse" of the RO membrane cleaning solution into the OCSD system is to discharge the solution ("first rinse" and all subsequent rinses) into the Pacific Ocean via the HBGS outfall. The majority of the chemicals within the membrane cleaning solution would be either below detection levels or regulatory limits, even before dilution with other desalination facility and HBGS discharges. Dilution at a 260 to one ratio would further minimize impacts to the marine environment and would assure NPDES compliance. Impacts to the local marine environment would be less than significant. City of Huntington Beach September 23, 2005 Page 16 of 48 beawater uesannation Project at Huntington beacn HNUINUb Ur FAt;I J Recirculated EIR No. 00-02 Finding for Impingement and Entrainment The proposed desalination facility will have less than significant impacts on marine biological resources in regards to impingement and entrainment effects. Less than significant impact. Facts in Support of Finding As explained in Section 5.10 of the DREIR, the proposed project source water intake would not increase the volume, or the velocity of the HBGS cooling water intake nor would it increase the number of organisms entrained or impinged by the HBGS cooling water intake system. Therefore, the impingement and entrainment effects of the HBGS are not included in assessing the proposed project's effects, as these organisms would not be exposed to further screening prior to entering the desalination facility's pretreatment system. The proposed desalination facility would not have a separate direct ocean water intake and screening facilities, and would only use cooling water that is already screened by HBGS's intake. In response to City Council direction to specifically look at the desalination project's potential impacts on impingement and entrainment, an Intake Effects Assessment was completed and incorporated in the REIR as Appendix T and discussed in Section 5.10, Ocean Water Quality and Marine Biological Resources. The study was designed to investigate the potential for the desalination project feed water intake withdrawn from the HBGS cooling water system to increase the HBGS entrainment mortality and assess the significance of this potential entrainment effect on the source water. The study concludes that the desalination project will not cause any additional impingement losses to the marine organisms impinged by HBGS. The study also determined, based on in-plant testing, that HBGS has an observed entrainment mortality of 94.1 percent. The desalination project is estimated to increase mortality by 1.2 percent (from 94.1% to 95.3%) at flows of 507 MGD and by 4.6 percent (from 94.1% to 98.7%) at flows of 127 MGD. Therefore, the estimated larval fish loss attributed to the proposed desalination project would be 0.02 percent of the total population of larvae in the local area surrounding the HBGS intake. In comparison, at the minimum cooling water intake flow of 127 MGD and assuming 100 percent mortality, HBGS has an entrainment foss of 0.33 percent. The REIR notes that the most frequently entrained species are very abundant in the area of the HBGS intake and the Southern California Bight, and therefore, the actual ecological effects due to any additional entrainment from the desalination project are insignificant. Six taxa (gobies, blennies, croakers, northern anchovy, garibaldi and silversides) and a group of larvae that could not be identified were found to comprise 97 percent of all the fish larvae present in the HBGS cooling water system from which the proposed project would withdraw its source water supply. Species of direct recreational and commercial value constitute a very small fraction of the entrained organisms in the HBGS offshore intake. Moreover, the proposed desalination facility would not result in significant entrainment impacts even upon implementation of the new U.S. Environmental Protection Agency (EPA) 316(b) final rule (which mandates a reduction in entrainment by 60 to 90 percent at existing power plants with cooling water structures circulating over 50 mgd). There is a misconception that compliance with 316(b) requirements (through implementation of an improved intake screening system, velocity reduction, or other EPA-approved method) would reduce the entrainment mortality of the cooling water system at HBGS, and that the proposed project would then be responsible for a substantially higher rate of mortality of entrained organisms. The important distinction, however, is that 316(b) compliance is not based on reduced in-plant entrainment mortality, but rather is based on entrainment itself (a reduced intake of organisms at the intake City of Huntington Beach September 23, 2005 Page 17 of 48 Seawater uesallnation Project at Huntington beacn I-INu1NUti OF rHl:15 Recirculated EIR No.00-02 structure). 316(b) still assumes a through-plant entrainment mortality of 100 percent. Thus, any reduction in entrainment at HBGS would result in a reduced number of organisms taken in for both HBGS and the proposed desalination facility. Impacts due to operation of the proposed desalination facility in regards to impingement and entrainment are less than significant. K. IMPACTS RELATED TO PRODUCT WATER QUALITY (DREIR pages 5.11-1 to 5.11- 24) Section 5.11 of the DREIR addresses the project's potential impacts related to product water quality which are addressed below, in Section 4.0-K of this Statement of Facts and Findings. L. CUMULATIVE IMPACTS Section 6.3 of the DREIR addresses the project's potential cumulative impacts. The topics where the impacts were found to be less than significant are: • Local Cumulative Impacts • Regional Cumulative Impacts Finding for Potential Local Cumulative Impacts The Seawater Desalination Project at Huntington Beach will not result in significant local cumulative impacts. Less than significant impact. Facts in Support of Finding Section 6.3 of the DREIR addresses the cumulative impacts associated with the Seawater Desalination Project at Huntington Beach. The cumulative impact analysis was based primarily on build-out of the City's General Plan, Zoning and Subdivision Ordinance, and General Plan EIR. The analysis also identified, listed and considered the potential cumulative impacts resulting from the currently known probable projects at the time of DREIR publication. Section 6.3 of the DREIR specifically analyzed potential cumulative impacts in the areas of land use/relevant planning, geology and soils, hydrology and water quality, air quality, noise, public services and utilities, aesthetics/light and glare, hazards and hazardous materials, construction related, biological resources (terrestrial only), and product water quality impacts. No significant cumulative impacts were identified. Finding for Potential Regional Cumulative Impacts The Seawater Desalination Project at Huntington Beach will not result in significant regional cumulative impacts. Less than significant impact. Facts in Support of Finding The DREIR notes in Section 6.3, that additional seawater desalination facilities were being considered by various cities and agencies along the Southern California coast. Because those projects are in various stages of conceptual consideration, and construction has not begun, the Final REIR does not attempt to quantify or evaluate potential cumulative impacts of all of those projects. Such an analysis is speculative at best, and is not required under CEQA Guidelines, Section 15130[b]. However, an analysis is provided for certain proposed desalination facilities City of Huntington Beach September 23, 2005 Page 18 of 48 Seawater uesannation rroject at Huntington beacn f INUINUJ Ut• rAl;I J Recirculated EIR No. 00-02 along the Southern California coast (see Table 6-4). The Final REIR notes that the project, together with these other proposed desalination projects, may facilitate new development in south Orange County or elsewhere. Potential growth-inducing cumulative impacts, further discussed below in Section 3.0-M of the Statement of Facts and Finding and explained in Section 6.2 of the DREIR, are considered less than significant. All potentially significant impacts to long-term water quality and marine biological sources would be reduced to less than significant levels, as explained in Section 6.3 of the DREIR, through regulatory compliance, and project design features and implementation of the recommended mitigation measures. Potential cumulative impacts upon ocean water quality and marine biological resources are considered less than significant. The impact of the additional electric energy demand by the proposed project is less than one percent in Southern California and is therefore, less than significant. M. GROWTH-INDUCING IMPACTS Section 6.2 of the DREIR addresses the project's potential growth-inducing impacts. Finding for Potential Growth-Inducing Impacts The Seawater Desalination Project at Huntington Beach will not result in significant growth- inducing impacts. Less than significant impact. Facts in Support of Finding As required under CEQA, Section 6.2 of the DREIR included a discussion of the ways in which the Seawater Desalination Project at Huntington Beach could be growth-inducing. Under CEQA, growth inducement is not considered necessarily detrimental, beneficial, or of little significance to the environment. Typically, the growth-inducing potential of a project would be considered significant if it fosters growth or a concentration of population in excess of what is assumed in pertinent master plans, land use plans, or in projections made by regional planning agencies such as the Southern California Association of Governments (SCAG). Significant growth impacts could also occur if the project provides infrastructure or service capacity to accommodate growth beyond the levels currently permitted by local or regional plans and policies. It must first be noted that the project will sell water on a wholesale basis to water agencies who in turn will sell the water to customers at retail prices. The project does not propose to sell water at a retail level. On page 3-30, the DREIR explains how the water produced by the proposed seawater desalination facility will be delivered into the regional distribution system operated by the Metropolitan Water District of Southern California ("MWD"). The regional system operated by MWD serves Orange County and most of the South Coast Hydrologic Region. It will be up to the Orange County water agencies served by that system to determine how best to allocate the water produced by the project. The project may have the potential to indirectly induce growth because additional or supplemental water supplies will be made available to the County of Orange as a result of the project's implementation. However, while the provision of additional/supplemental water realized by the desalination facility may be characterized as reducing one of the barriers to growth, implementation of the project will not necessarily induce growth because the new water supply made available by the project may be required to simply replace anticipated reductions in available imported water supplies. Growth in Orange County will occur with or without the Seawater Desalination Project at Huntington Beach. Implementation of the project will provide greater flexibility for Orange County water agencies to meet existing water supply needs during times of drought, but it is only one part of the solution to meet existing and future water needs in Orange County. Other water supplies such as imported water, groundwater replenishment, water reuse, and more aggressive forms of conservation must also be considered as part of the solution because the project would only City of Huntington Beach September 23, 2005 Page 19 of 48 Seawater uesalination rroject at Huntington tseacn NNUINU j Ur FAA 1 J Recirculated EIR No.00-02 result in the addition of less than eight percent (8%) of the existing supplies used in Orange County. With a projected population growth of approximately two percent (2%) per year, the project's water supply would soon fail to keep up with existing growth projections for Orange County. A Growth Assessment and General Plan Evaluation was completed and incorporated in the FREIR as Appendix P and discussed in Section 6.2, Growth-Inducing Impacts of the Proposed Action. The study looked at the projected number of dwelling units at build out in the County based both on the Housing Elements of all the jurisdictions within the County and the Orange County Projections adopted by the Orange County Council of Governments. The study also identified 12 planned new residential development projects of 500 dwelling units or more in the county which are required by law to identify and verify the water sources available to serve the project. Seven of the projects have identified water sources independent of the desalination project. The desalination project cannot be ruled out as a water source for one or more of the five planned residential projects that have not yet identified water sources. The FREIR notes that typically, the growth-inducing potential of a project would be considered significant if it fosters growth or a concentration of population in excess of what is assumed in pertinent general plans, or in projections made by regional planning agencies. Even if the project were relied upon to serve a new development of 500 dwelling units or more, it would not foster growth in excess of that already assumed and projected in pertinent planning documents. The FREIR acknowledges that since no water supply agreements have been executed with water agencies within Orange County, the precise locations/uses where the desalinated water would be allocated are not known. Therefore, there is a potential for the project to induce growth in unidentified areas. However, all proposed projects and water sources would be subject to environmental analysis prior to approval. The FREIR concludes that in consideration of population and housing projections within the County and the recognized need for seawater desalination as a supply source within the water management and other related plans discussed in the FREIR, any impacts in regards to growth inducement would be less than significant. The project will not result in significant growth-inducing impacts. 4.0 FINDINGS FOR SIGNIFICANT IMPACTS The following issues were determined to be "less than significant with mitigation" as set forth in the DREIR. The City of Huntington Beach finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of the existing City development review requirements, standards, codes, and the mitigation measures identified in the DREIR. Mitigation measures are referenced in this Statement of Facts and Findings using the same numbering system employed in the Mitigation Monitoring Program and the DREIR. Refer to Attachment B, MITIGATION MONITORING PROGRAM for a complete listing of mitigation measures and monitoring requirements. A. IMPACTS RELATED TO LAND USE/RELEVANT PLANING Section 5.1 of the DREIR addresses the project's potential impacts related to land use/relevant planning which are all addressed above, in Section 3.0-A of this Statement of Facts and Findings. City of Huntington Beach September 23, 2005 Page 20 of 48 Jeawater uesa[Ination Project at Huntington beach rINLANVS Ur 1-AL;[J Recirculated EIR No.00-02 B. IMPACTS RELATED TO GEOLOGY, SOILS, & SEISMICITY Section 5.2 of the DREIR addresses the project's potential impacts related to geology, soils and seismicity. The DREIR addresses six topics, four of which are addressed in this Section. The remaining topics were addressed in Section 3.0-13 of this Statement of Facts and Findings. The topics where the impacts were found to be less than significant after implementation of mitigation are: • Wind/Water Erosion • Geology/Soils • Seismicity/Faulting • Liquefaction Potential Finding for Wind/Water Erosion The Seawater Desalination Project at Huntington Beach may create significant impacts in regards to wind and water erosion during grading activities. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard erosion control practices as typically required by the City of Huntington Beach and mitigation measure HWQ-1. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.2 of the DREIR, the potential impacts related to wind and water erosion have been eliminated or substantially lessened to a level of less than significant by virtue of project design considerations, standard conditions and mitigation measure HWQ-1, all of which have been incorporated into the project. The proposed project will require a Water Quality Management Plan (WQMP) to minimize wind and water erosion impacts. Finding for Geology/Soils The Seawater Desalination Project at Huntington Beach may be subject to significant impacts resulting from unstable soils and shallow groundwater conditions in the vicinity of the project area. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including adherence to standard Uniform Building Codes (UBC) conditions and incorporation of mitigation measures GEO-1 through GEO-5, inclusive. Less than significant impact with mitigation. Facts in Support of Findings As explained in Section 5.2 of the DREIR, the potential impacts related to geology/soils have been eliminated or substantially lessened to a level of less than significant by incorporation of mitigation measures. These mitigation measures include submitting a detailed geotechnical report, the submittal of application for a precise grading permit, approval of the geotechnical report by the City Engineer, all dewatering activities will be in compliance with NPDES regulations, compressible soils will be removed and recompacted or the use of piles or grade beams will be used to support on-site structures, and type V cement will be used for concrete and buried metal pipes shall utilize special measure to protect against the effects of corrosive soils. City of Huntington Beach September 23, 2005 Page 21 of 48 ,seawater Desalination Project at runtington beacn I-INUINUZi Ur FAU I,s Recirculated EIR No. 00-02 Finding for Seismicity/Faulting The Seawater Desalination Project at Huntington Beach may be subject to significant hazards from seismicity and faulting. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including adherence to standard UBC conditions and incorporation of mitigation measures GEO-6 and GEO-7. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.2 of the DREIR, adequate measures shall be taken to protect building foundations and on-site pipelines from the effects of seismicity, including compliance with all UBC standards and California Division of Gas and Geothermal Resources (DOGGR) Special Publication 117. Additionally, special studies and a subsurface investigation (as a part of the detailed geotechnical survey) will be performed to examine potential impacts from the South Branch Fault. Finding q for Liquefaction Potential The Seawater Desalination Project at Huntington Beach may be subject to significant hazards due to high liquefaction potential in the vicinity of the project site. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including adherence to standard UBC conditions and incorporation of mitigation measures GEO-8 through GEO-10, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.2 of the DREIR, adequate measures shall also be taken to protect against liquefaction, including compliance with all UBC standards and California Division of Gas and Geothermal Resources (DOGGR) Special Publication 117. Additionally, the detailed geotechnical survey will analyze the potential for lateral spread on-site. Methods such as overexcavation, recompaction, in-situ soil densification, injection grouting, and deep soil mixing will be performed to stabilize structures from liquefiable soils. C. IMPACTS RELATED TO HYDROLOGY, DRAINAGE AND STORM WATER RUNOFF Section 5.3 of the DREIR addresses the project's potential impacts related to hydrology, drainage and storm water runoff. The DREIR addresses many topics, one of which is addressed in this Section. The remaining topics were addressed in Section 3.0-C of this Statement of Facts and Findings Finding for Flooding and Storm Water Drainage The Seawater Desalination Project at Huntington Beach may have significant long-term hydrology and water quality impacts related to flooding and storm waterdrainage. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures HWQ-1 through HWQ-3, inclusive. Less than significant impact with mitigation. In addition, the State Water City of Huntington Beach September 23, 2005 Page 22 of 48 Seawater uesailnation Project at Huntington beacn HNUINUb UI- rAU 15 Recirculated EIR No. 00-02 Resources Control Board working through the Regional Water Quality Control Board for the Santa Ana Region has the responsibility and jurisdiction to issue a NPDES permit. Facts in Support of Finding As explained in Section 5.3 of the DREIR, potential impacts in regards to hydrology and water quality have been eliminated or substantially lessened to a level of less than significant by virtue of project design features and mitigation measures HWQ-1 through HWQ-3, inclusive which have been incorporated into the project. The proposed project will require a Water Quality Management Plan (WQMP) which identifies Best Management Practices (BMPs) and implementation measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP). In addition, appropriate site-specific hydrology and hydraulic analysis will be performed for the project prior to the issuance of grading or building permits, which ever comes first. The analysis shall include mitigation measures, if necessary, in regards to storm water drainage and flooding. An on-site drainage system will also be installed integrating permanent storm water quality features. It should be noted that an aboveground tank would increase the total impervious area of the project site, thereby increasing the amount of storm water runoff. In order to contain storm water on-site, an on-site storm water system will direct storm water to the desalination facility's storm water system, ultimately discharging into the Pacific Ocean via the AES outfall. In addition, containment berms surrounding the northern and eastern side of the tank site would be left in place further containing storm water on-site. D. IMPACTS RELATED TO AIR QUALITY Section 5.4 of the DREIR addresses the project's potential impacts related to air quality, all of which are addressed above, in Section 3.0-D of this Statement of Facts and Findings. E. IMPACTS RELATED TO NOISE Section 5.5 of the DREIR addresses the project's potential impacts related to noise. Stationary noise sources are addressed in this Section; the remaining topics are addressed in Section 3.0- E of this Statement of Facts and Findings. Finding for Stationary Noise Sources The Seawater Desalination Project at Huntington Beach may create significant impacts to sensitive receptors adjacent to the desalination facility site from long-term stationary noise sources associated with project operation. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure NOI-1. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.5 of the DREIR, potential noise impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features incorporated into the project and through incorporation of mitigation measure NOI-1. Prior to the issuance of any building or grading permits, an acoustical analysis report and appropriate plans shall be prepared. This documentation will describe the stationary noise generation potential and noise mitigation measures (such as the installation of sound enclosures or placing noise-generating equipment indoors), if needed, which shall be included in the plans and specifications of the project. All stationary equipment shall be designed to meet the noise City of Huntington Beach September 23, 2005 Page 23 of 48 Seawater uesalination vroject at Huntington beacn HNUINUti Ur FAC;15 Recirculated EIR No. 00-02 criteria as specified in the City of Huntington Beach Municipal Code Chapter 8.40 (Noise Control), and will be subject to the approval of the City of Huntington Beach. F. IMPACTS RELATED TO PUBLIC SERVICES AND UTILITIES Section 5.6 of the DREIR addresses the project's potential impacts related to public services and utilities. The DREIR addresses many topics, six of which are addressed in this Section. The remaining topics are addressed in Section 3.0-F of this Statement of Facts and Findings. The topics where the impacts were found to be less than significant after implementation of mitigation are: • Schools • Roadway Maintenance • Wastewater • Storm Water Drainage • Water • Solid Waste Finding for Schools The Seawater Desalination Project at Huntington Beach may place additional demand on schools located within the project vicinity. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including incorporation of mitigation measure PSU-1. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.6 of the DREIR, the project does not include housing or other student- generating uses. According to the Huntington Beach Union High School District, the project is anticipated to have negligible impacts on school facilities within the City of Huntington Beach, and is anticipated to have a student generation rate of 0.0000340242 per square foot. However, in consideration of A.B. 2926, the Applicant would be required to pay a commercial fee of $0.36 per square foot for non-residential development within the Huntington Beach Union High School District, of which the High School District would receive 39 percent or $0.1404 per square foot of the total fee.2 The Huntington Beach City School District would receive the remaining 61 percent ($0.2196 per square foot) of the commercial fee, and does not anticipate that the proposed project would have significant student-generating impacts or require other assessment fees or mitigation measures. The project is not expected to generate the need for additional school facilities.3 Any potential additional demand on schools located in the project vicinity has been lessened to a level of less than significant by virtue of the incorporation of mitigation measure PSU-1. Prior to the issuance of building permits, the applicant will pay applicable school mitigation fees pursuant to State law to properly mitigate impacts to schools. Finding for Roadway Maintenance The Seawater Desalination Project at Huntington Beach may create an increased demand on streets nearby the project site and an increased need for roadway maintenance services. 2 Letter, Ms. Patricia Koch, Huntington Beach Union High School District, December 2004. 3 Letter, Mr. Richard Masters, Huntington Beach City School District, December 4,2004. City of Huntington Beach September 23, 2005 Page 24 of 48 Jeawater uesallnation Froject at tuntington beacn I-INUINUZ5 Vi- rAU 15 Recirculated EIR No. 00-02 However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including conditions of approval and incorporation of mitigation measure PSU-2. Less than significant impact with mitigation. Facts in Support of Finding To properly mitigate any increased demand on streets nearby the project site and any increased need for roadway maintenance services, adequate traffic impact fees will be paid by the project applicant as determined by the City of Huntington Beach Department of Public Works to provide for additional facilities, if necessary. As explained in Section 5.6 of the DREIR, the project applicant will be required to provide certain street improvements as a condition of approval. Any potential increased demand on streets nearby the project site or increased need for roadway maintenance service has been lessened to a level of less than significant by virtue of the incorporation of mitigation measure PSU-2 and the conditions of approval. Finding for Wastewater The Seawater Desalination Project at Huntington Beach may create an increased demand on the local wastewater system. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure PSU-3 and PSU-4. Less than significant impact with mitigation. Facts in Support of Finding To properly mitigate any increased demand on the local wastewater system, adequate sewer connection fees will be paid by the project applicant to provide for additional facilities, if necessary. As explained in Section 5.6 of the DREIR, the project would produce nominal amounts of domestic wastewater, as the plant would employ approximately 18 people. The Orange County Sanitation District has indicated that it has capacity to accommodate any waste cleaning solution that may be discharged into the local sanitary sewer by the project. Any potential increased demand on the local wastewater system has been lessened to a level of less than significant by virtue of project design features and the incorporation of mitigation measure PSU-3. With the incorporation of mitigation measure PSU-4, encroachment permits will be obtained from the County, prior to work, for all work within, over and under the OCFCD and county of Orange right-of-way. Finding for Storm Water Drainage The Seawater Desalination Project at Huntington Beach may create increased storm water drainage. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures HWQ- 1, HWQ-2 and HWQ-3. Less than significant impact with mitigation. In addition, the State Water Resources Control Board working through the Regional Water Quality Control Board for the Santa Ana Region has the responsibility and jurisdiction to issue a NPDES permit for the project discharge through the AES outfall into the Pacific Ocean. City of Huntington Beach September 23, 2005 Page 25 of 48 Seawater uesalination rroject at Huntington beacn VINUINCiS Ur 1-AU 15 Recirculated EIR No. 00-02 Facts in Support of Finding The Orange County Flood Control District and the City of Huntington Beach operate the storm water drainage system within the City. The system removes water runoff from streets and transports the runoff to the Ocean. As explained in Section 5.6 of the DREIR, the addition of impervious surfaces at the project site will increase the potential amount of surface runoff. However, an on-site local storm water drainage system will be included as one of the project design features. Storm water will be collected on site and treated (using a clarification process) before it is transported to the Ocean via the AES outfall. The inclusion of project design features and the incorporation of mitigation measures HWQ-1, HWQ-2 and HWQ-3 will mitigate any increased storm water drainage impacts to less than significant levels. In addition, the State Water Resources Control Board working through the Regional Water Quality Control Board for the Santa Ana Region has the responsibility and jurisdiction to issue a NPDES permit for the project discharge through the AES outfall into the Pacific Ocean. Finding for Water The Seawater Desalination Project at Huntington Beach may create an increased demand for City water service and may create impacts in regards to water compatibility, water quality and hydraulics. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PSU-5 and PW-1. Less than significant impact with mitigation. In addition, the California Department of Health Services has the responsibility to review and approve the quality of the drinking water produced by the project. Moreover, the owners and operators of regional water systems that will deliver project water must approve and accept the blending of the project water in their system. Facts in Support of Finding To properly mitigate any increased demand for City water service, adequate water connection fees will be paid by the project applicant to provide for additional facilities, if necessary. As explained in Section 5.6 of the DREIR, it is anticipated that the normal domestic demand created by the approximately 18 employees at the plant can be provided with desalinated water generated on-site. Adequate backflow prevention devices will be required as a condition of receiving any water service from the City. Any potential increased demand for City water service has been lessened to a level of less than significant by virtue of conditions of approval and the incorporation of mitigation measure PSU-5. The product water created by the desalination facility will be blended with the imported water delivered by the Metropolitan Water District of Southern California (MWD). It is anticipated that the water produced by the desalination facility will be comparable in physical characteristics to the MWD water. However, prior to project operation, coordination, testing and monitoring with involved water agencies will be required as a condition of approval. The owners and operators of regional water systems that will deliver project water must approve and accept the blending of the project water in their system. Moreover, all Department of Health Services water quality requirements must be met before the blended supply can be delivered to water customers by the applicable retail water agencies or City water departments. Also, prior to project operations, all required drinking water permits would be obtained from the California Department of Health Services including a Wholesale Drinking Water Permit and an Administrative Change to Retail agencies' Drinking Water Permit. Any potential impacts in regards to water compatibility or water quality have been lessened to a level of less than significant by virtue of conditions of approval and the incorporation of mitigation measure PW-1. Final project design features will reflect coordination City of Huntington Beach September 23, 2005 Page 26 of 48 Jeawater uesallnation Project at Huntington tseacn HNUINUb Ut- rAU 15 Recirculated EIR No. 00-02 with the owners and operators of the regional water systems that will deliver project water and address any hydraulic and surge control issues to insure that no significant impacts to regional pipelines will result from project operation. Finding for Solid Waste The Seawater Desalination Project at Huntington Beach may create an increased demand on solid waste disposal facilities. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PSU-6 and PSU-7. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.6 of the DREIR, the project applicant must coordinate with the City of Huntington Beach recycling representative to ensure compliance with the City's waste reduction and recycling program, and will be required to prepare a waste reduction plan for the generation of construction and operational waste from the proposed project. The inclusion of project design features and the incorporation of mitigation measures PSU-6 and PSU-7 will mitigate any increased demand on solid waste disposal facilities to less than significant levels. G. IMPACTS RELATED TO AESTHETICS/LIGHT& GLARE Section 5.7 of the DREIR addresses the project's potential impacts related to aesthetics/light and glare. The DREIR addresses three topics, two of which (site character and on-site light and glare) are addressed in this Section. The remaining topic is addressed in Section 3.0-G of this Statement of Facts and Findings. Finding for Site Character The Seawater Desalination Project at Huntington Beach may create significant site character impacts. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure ALG-1. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.7 of the DREIR, potential aesthetic impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features incorporated into the project and through incorporation of mitigation measure ALG-1. Mitigation measure ALG-1 requires that exterior mechanical equipment be screened and setback 15 feet from the exterior edges of the building. All such screening shall be architecturally compatible with the building. In addition, the existing berms on the perimeter of the property will partially screen the project from view. The existing project site can be described as low to non-existent in aesthetic value. As designed and with mitigation, the project will improve the aesthetic character of the site. City of Huntington Beach September 23, 2005 Page 27 of 48 Seawater uesalination rroject at riuntington beacn f-INUINUS Ur rAL;15 Recirculated EIR No. 00-02 Finding for On-Site Light and Glare The Seawater Desalination Project at Huntington Beach may generate light and glare through on-site nighttime security lighting and additional automobile traffic. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure ALG-2. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.7 of the DREIR, on-site light and glare impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features and through the incorporation of mitigation measure ALG-2. To mitigate impacts from light and glare, light intensity shall be limited to only that necessary for adequate security and safety, and light "spillage" onto adjacent properties shall be controlled by directional or shielded lighting fixtures. H. IMPACTS RELATED TO HAZARDS AND HAZARDOUS MATERIALS Section 5.8 of the DREIR addresses the project's potential impacts related to hazards and hazardous materials above, in Section 3.0-H of this Statement of Facts and Findings. I. IMPACTS RELATED TO CONSTRUCTION Section 5.9 of the DREIR addresses the project's potential short-term construction related impacts. The DREIR addresses nine topics, eight of which are addressed in this Section. The remaining topic is addressed in Section 5.0 of this Statement of Facts and Findings. The topics where the impacts were found to be less than significant after implementation of mitigation are: • Hydrology and Water Quality • Noise • Public Services and Utilities • Aesthetics/Light and Glare • Hazards and Hazardous Materials • Traffic • Biological Resources • Cultural Resources Finding for Hydrology and Water Quality The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to hydrology and water quality. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-1 through CON-8, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to hydrology and water quality have been eliminated or substantially lessened to a level City of Huntington Beach September 23, 2005 Page 28 of 48 seawater uesannation vrolect at rtunungton beacn HNuiNUS Ur- rHt;i 5 Recirculated EIR No. 00-02 of less than significant by appropriate project design features and through incorporation of mitigation measures CON-1 through CON-8, inclusive. Short-term impacts in regards to hydrology and water quality will be mitigated through adherence to NPDES and Santa Ana Regional Water Quality Control Board regulations, preparation of a City-approved Erosion Control Plan, and the acquisition of appropriate permits/approvals for dewatering activities. Overall short-term construction impacts related to hydrology and water quality will be reduced because an aboveground storage tank will involve substantially less grading and excavation than an underground tank. Finding for Noise The proposed Seawater Desalination Project n have adverse short-term 1 at Huntington Beach may construction related impacts in regards to noise. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-11 through CON-13, inclusive. Less than significant impact with mitigation. Facts in Support of Finding g As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to noise have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-11 through CON-13, inclusive. The project will be in compliance with the City's Noise Ordinance and construction activities will adhere to various standards in regards to construction equipment, staging areas, and hours of construction operations. Overall short-term construction impacts related to noise will be reduced because an aboveground storage tank will involve substantially less grading and excavation than an underground tank. Finding for Public Services and Utilities The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to public services and utilities. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions and incorporation of mitigation measure CON-14. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to public services and utilities have been eliminated or substantially lessened to a level of less than significant by standard conditions and through incorporation of mitigation measure CON-14. In order to mitigate impacts to public services and utilities, the project engineer shall perform geophysical surveys to identify subsurface utilities and structures, the findings of which shall be incorporated into site design. Pipelines or conduits which may be encountered within the excavation and graded areas shall either be relocated or be cut and plugged according to the applicable code requirements. City of Huntington Beach September 23, 2005 Page 29 of 48 Jeawater uesaunation Project at Huntington tSeacn NNUINUZi Ur t-AL;1 s Recirculated EIR No. 00-02 Finding for Aesthetics/Light and Glare The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to aesthetics/light and glare. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-15 and CON- 16. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to aesthetics/ light and glare have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-15 and CON-16. Aesthetic impacts will be minimized by installation aesthetic screening around the construction site, and by concentrating construction activities and staging areas away from adjacent sensitive receptors, to the extent feasible. Finding for Hazards and Hazardous Materials The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to hazards and hazardous materials. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-16 through CON-29, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to hazards and hazardous materials have been eliminated or substantially lessened to a level of less than significant by standard conditions, appropriate project design features and through incorporation of mitigation measures CON-17 through CON-30, inclusive. Numerous measures will be implemented to mitigate impacts in regards to hazards and hazardous materials, including, but not limited to, clearing the site of excess vegetation, surface trash, piping, debris, and other deleterious and/or hazardous materials prior to rough grading, asbestos and lead-based paint removal, and adherence to standards as administered by the Occupational Safety and Health Administration, South Coast Air Quality Management District, State Division of Oil, Gas, and Geothermal Resources, Regional Water Quality Control Board, County Integrated Waste Management, Orange County Health Care Agency, Solid Waste Local Enforcement Agency, and City of Huntington Beach Fire Department. Finding for Traffic The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to traffic. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-31 through CON-36, inclusive. Less than significant impact with mitigation. City of Huntington Beach September 23, 2005 Page 30 of 48 Seawater uesalination rrolect at Huntington beacn riNuiNUb Ur rHL 15 Recirculated EIR No. 00-02 Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to traffic have been eliminated or substantially lessened to a level of less than significant by standard conditions, appropriate project design features and through incorporation of mitigation measures CON-31 through CON-36, inclusive. Traffic related impacts will be reduced by the implementation of a Traffic Management Plan, the use of flagmen and construction traffic signage to control traffic, obtaining and satisfying the requirements of the necessary right-of-way permits, and the development of a truck and construction vehicle routing plan. The applicant would be required to coordinate with the City of Costa Mesa in order to minimize traffic impacts on applicable roadways and to obtain necessary approvals for pipeline construction within the City. Overall short-term construction impacts related to traffic will be reduced because an aboveground storage tank will involve substantially less grading and excavation than an underground tank. Finding for Biological Resources The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to biological resources. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-37 through CON-44, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to biological resources have been eliminated or substantially lessened to a level of less than significant by standard conditions, appropriate project design features and through incorporation of mitigation measures CON-36 through CON-43, inclusive. Impacts to biological resources will be reduced by performing focused surveys to determine the potential for endangered species and other sensitive species and coordinating with the USFWS to avoid special status species or to develop mitigation if avoidance is not possible, by preparing and implementing a Frac-Out Contingency Plan, and by performing a jurisdictional delineation and obtaining and complying with the appropriate permits, if applicable. Finding for Cultural Resources The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to cultural resources. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-45 through CON-47. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to cultural resources have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-45 through CON-46. In order to mitigate potential impacts in regards to cultural resources, a paleontological resource recovery program shall be implemented, and all City of Huntington Beach September 23, 2005 Page 31 of 48 Seawater uesalination Project at Huntington beacn rINUINUb Uf t-AU 15 Recirculated EIR No. 00-02 construction activities will be halted should historical, archaeological, or paleontological resources be discovered during excavation until a qualified archaeologist can evaluate the nature and significance of the finds. Additionally, a qualified paleontologist shall be retained to monitor grading operations and salvage significant fossil remains. J. IMPACTS RELATED TO OCEAN WATER QUALITY AND MARINE BIOLOGICAL RESOURCES Section 5.10 of the DREIR addresses the project's potential impacts related to ocean water quality and marine biological resources which are addressed above, in Section 3.0-J of this Statement of Facts and Findings. K. IMPACTS RELATED TO PRODUCT WATER QUALITY Section 5.11 of the DREIR addresses the project's potential impacts related to product water quality. The DREIR addresses three topics, all of which are addressed in this Section: • Product Water Quality • Product Water Reliability • Orange County Water Distribution System Finding for Product Water Quality The proposed desalination project product water quality may be impacted by several factors, includingocean water quality fluctuations red tide algal bloom vents Hnon-routine q y g e BGS operations and RO membrane performance. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PW-9 through PW-3, inclusive. Less than significant impact with mitigation. Facts in Support of Finding The product water of the proposed seawater desalination facility may be impacted by natural changes in ocean water salinity, temperature, turbidity and pathogen concentration. Typically, ocean water salinity and temperature changes are triggered by natural seasonal events. As discussed in DREIR Section 5.10, OCEAN WATER QUALITY and the Watershed Sanitary Survey (Appendix E of the DREIR), the intake ocean water turbidity and pathogen concentration changes are mainly driven by rain events. In order to maintain a consistent quality of desalinated product water, the applicant would be required to obtain a drinking water permit from the California Department of Health Services (DHS) that would address monitoring of source water quality and its effects on product water quality. The applicant has been working with DHS for the last four years to obtain such a permit. On August 10, 2002, DHS issued a conceptual approval letter for the Seawater Desalination Project at Huntington Beach. The desalination facility intake water quality in terms of turbidity (which is a surrogate indicator for potential elevated pathogen content) and salinity would be measured automatically and monitored continuously at the desalination facility intake. Instrumentation for continuous monitoring and recording of these parameters would be installed at the desalination facility intake pump station. In event of excessive increase in intake seawater turbidity and/or salinity, City of Huntington Beach September 23, 2005 Page 32 of 48 Seawater U@SallnailOn F'f0)eci at HUnUngion tieacn f INUINUZ5 Vr i-Al;15 Recirculated EIR No. 00-02 this instrumentation would trigger alarms that would notify desalination facility staff. If the intake pathogen count reaches a preset maximum level, this instrumentation would automatically trigger chlorination of the source water, thereby reducing the source water pathogens to acceptable levels even before the water reaches the RO treatment facilities. In addition to the automation provisions, turbidity and salinity would also be measured manually by the desalination staff at least once a day and the intake seawater would be analyzed for pathogen content at least once per week. In the event of elevated intake seawater turbidity, laboratory pathogen content analysis would be performed more frequently. In addition to the intake water quality monitoring instrumentation, the desalination facility pretreatment filtration facilities would be equipped with filter effluent turbidimeters and particle counters. This equipment would allow facility operators to continuously monitor pretreatment filter performance and to trigger adjustments of desalination facility operations to accommodate intake water quality changes. Desalinated product water quality would also be monitored continuously for salinity and chlorine residuals and would be tested frequently for pathogen content. In summary, desalinated product water quality would be tested in accordance with the requirements of the California Code of Regulations (Title 22) and the DHS. Product water quality impacts due to ocean water quality fluctuations are not anticipated to occur upon implementation of the design features described above. The desalination facility would be designed to maintain high quality potable water (consistent with regulatory standards) in the event of a red tide event. As explained in Section 5.11 of the DREIR, it would have a number of provisions/barriers to protect against the passage of red tide- related algal organic compounds through the treatment processes. These include a deep intake configuration to minimize algae entrainment, the chlorination of intake seawater, an enhanced coagulation of intake seawater, a microfiltration or dual media sand filtration algae barrier, microfiltration or dual media sand filter covers, a cartridge filter algae barrier, the RO membranes, a final disinfection, and an emergency facility shutdown procedure. Also, there are no documented cases of red tide health or safety problems associated with the operation of RO seawater desalination facilities worldwide which is indicative of the capability of these systems to perform reliably and effectively under red tide conditions. Unusual activities at the HBGS, such as seawater emergency intake pump shut downs and failures, electricity equipment malfunctions, excessively high temperature of the cooling water, etc., may impact product water quality and desalination facility performance. The Seawater Desalination Project at Huntington Beach would have six different provisions incorporating several protection/notification devices to account for non-routine operations at the HBGS: ❖ Automatic control interlock between HBGS pumps and desalination facility intake pumps: The shutdown controls of the desalination facility intake pumps would be interlocked with the HBGS pumps, so when HBGS pump operation is discontinued to prepare for heat treatment, non-routine or even routine pump shutdown, this would automatically trigger an alarm at the desalination facility along with shutdown of the desalination intake pumps. After this emergency shutdown, the intake pumps would have to be started up manually, and the operations staff would be required to check the reason of shutdown with the HBGS staff before restarting the treatment facility intake pumps. City of Huntington Beach September 23, 2005 Page 33 of 48 Seawater uesaiination rroject at huntington beacn t-INuINVJ Ur VAL;1,5 Recirculated EIR No. 00-02 ❖ Continuous Intake Pump Flow Measurement Devices: Seawater intake pumps would be equipped with flow meters, which would record the pumped flow continuously. If the intake flow is discontinued for any reason, including non-routine HBGS operations, this would trigger automatic intake pump shutdown. ❖ Continuous Intake Water Temperature Measurement Devices: The desalination facility intake pump station would be equipped with instrumentation for continuous measurement of the intake temperature. Any fluctuations of the intake temperature outside preset normal limits would trigger alarm and intake pump shutdown. This monitoring equipment would provide additional protection against heat treatment or other unusual intake water quality conditions. ••• Continuous Intake Water Salinity/Conductivity Measurement Devices: The desalination facility intake pump station would be equipped with instrumentation for continuous measurement of the intake seawater salinity. Any fluctuations of the intake salinity outside preset normal operational limits would trigger an alarm and initiate intake pump shutdown. This monitoring equipment would provide additional protection against discharge of unusual fresh water/surface water streams in the facility outfall. ❖ Continuous Intake Water Oil S ill/Leak Detection Monitoring Devices: The desalination p q facility intake pump station would be equipped with instrumentation for oil spill/leak detection. Detection of oil in the intake water even in concentrations lower than 0.5 mg/L would automatically trigger an alarm and initiate intake pump shutdown. This monitoring equipment would provide additional protection against unusual intake water quality conditions. Routine Communication with HBGS Staff: The desalination facility staff of each shift would be required to contact HBGS personnel at least once per shift and enquire about unusual planned or unplanned events at the HBGS. If non-routine operations are planned at the HBGS, the desalination facility would be informed and would modify desalination facility operations accordingly. Implementation of the six provisions described above would minimize impacts in this regard to less than significant levels. As the RO membrane elements age, their rejection capabilities decrease. This may trigger a change in product water quality from the Seawater Desalination Project at Huntington Beach. The RO system membrane performance would continuously monitor feed seawater and permeate conductivity and the differential pressure through the membranes. If permeate salinity (i.e. total dissolved solids [TDS]) concentration exceeds the design level, membranes would be cleaned to recover their original performance capabilities. In addition, an average of 10 to 15 percent of the membrane elements would be replaced every year, thereby maintaining the product water quality at a steady level. The Seawater Desalination Project at Huntington Beach would produce product water with lower TDS levels than that currently delivered to Orange County water purveyors by MWD. The TDS product water quality estimate of 350 mg/L is based on the use of high-rejection seawater desalination membranes at the second year of desalination facility operations. Typically, during the first two years of facility operations, the average product water quality TDS concentration would be lower than 350 mg/L. After the second year of operations, a portion (typically 10 to 15 percent per year) of the desalination facility membrane elements would be replaced to maintain City of Huntington Beach September 23, 2005 Page 34 of 48 Seawater uesallnation vroject at huntington beacn HNuINUb UI- f Al:15 Recirculated EIR No. 00-02 the product water quality close to the target TDS concentration of 350 mg/L. Membrane replacement is a standard approach commonly used in seawater desalination facilities to maintain product water quality at a long-term steady target level. In addition, chloride and sodium are estimated to average 180 mg/L and 120 mg/L, respectively. These estimated water quality levels for TDS, chloride, and sodium are well below the newly adopted narrative water quality objectives in the amended Basin Plan and when the desalinated water is integrated into the water supply system it is unlikely that recycled water would exceed the amended Basin Plan narrative water quality objectives. The desalination facility would use industry standard eight-inch desalination membrane elements, which are available from a number of specialized membrane manufacturers. The membrane element manufacturers and their products pre-qualified for this project are: - Hydranautics (SWC3 or better) - Filmtec/Dow (SW30HR-380 or better) - Koch/Fluid Systems (TFC2822SS or better) - Toray (SU820L or better). Key design membrane element parameters common for the products of these suppliers are: - Membrane Type: Spiral-wound, thin film composite; - Applied Flux: eight to 12 gpd/sf at recovery rate of 45 to 50 percent; - Nominal Salt Rejection: 99.6 percent or higher; - Applied Pressure: 800 to 1,100 pounds per square inch (psi); - Maximum Pressure Drop per Element: 10 psi; - Maximum Feed Water SDI (15 min): 5.0; - Free Chlorine Resistance: less than 0.1 mg/L; - Operating pH Range: two to 11; and - QA/QC Membrane Production and Testing Procedures. The actual membrane element that would be used for the proposed desalination facility would be selected during the detailed engineering design phase of this project. The product water projections are performed for two conditions: new membranes at facility start up and membranes at the second year of facility operations. All projections are completed for low flow scenario conditions in terms of intake water salinity and temperature and membrane performance characteristics. At the beginning of the desalination facility operation the TDS concentration of the RO system permeate is projected to be between 226 and 308 mg/L, and at the end of the second year of desalination facility operations is projected to be between 257 and 349 mg/L (based on projections of product water quality and membrane performance in accordance with modeling specifications provided by two of the four membrane suppliers, Toray and Hydranautics). As previously indicated, the permeate water quality would be maintained at a second-year operations level over the entire 30-year period of facility operations by replacement of a portion of the membrane elements every year. It should be noted that the projections above are for the water quality of the RO system permeate as it exits the desalination system. Prior to distribution, the desalination facility permeate would be conditioned by lime and carbon dioxide for stabilization and corrosion control, and with chlorine for final disinfection. The addition of these conditioning chemicals would increase the final product water TDS concentration by 30 to 50 mg/L. Therefore, at facility start-up the TDS of the product water delivered to the distribution system is expected to be in a range of 260 to 340 mg/L, while for the entire 30-year period of City of Huntington Beach September 23, 2005 Page 35 of 48 Seawater uesannation Project at Huntington beach F-INUANUb UI- F-AC;15 Recirculated EIR No.00-02 facility operations the TDS concentration would be in a range of 300 to 400 mg/L and would average 350 mg/L. The projections presented above are developed using conservative assumptions for the type and performance of the membrane elements, intake water salinity and temperature. The applicant's previous pilot testing experience in Tampa and Carlsbad and the actual performance of the same Toray membranes in Trinidad indicate that the membrane manufacturer projections carry a safety factor of 10 to 15 percent and the actual product water quality is always better than that projected by the software. Advances in membrane technology over the next 30 years are expected to yield membrane elements capable of producing water of TDS concentration below 300 mg/L for most of the useful life of the desalination facility. Therefore, the projected product water TDS concentration of 350 mg/L is a reliable and conservative estimate of the potable water quality that would be delivered to the distribution system by the Seawater Desalination Project at Huntington Beach. As described in Section 3.0, PROJECT DESCRIPTION, the facility would be capable of meeting all drinking water standards through multiple treatment processes, which include: pretreatment filters; cartridge filters; reverse osmosis membranes; and product water conditioning and disinfection facilities. A comparison between the product water quality of the Seawater Desalination Project at Huntington Beach and the DHS primary and secondary water quality standards is presented in DREIR Table 5.11-3, PRODUCT WATER QUALITY COMPARISON. Review of this table indicates that the desalination facility product water quality meets all current DHS water quality MCL standards. The project would also be consistent with all requirements of the SARWQCB Basin Plan. Thus, impacts in this regard would not be significant. In addition to the Safe Drinking Water Act, which sets the primary and secondary MCLs for water quality constituents, the California DHS has established health-based advisory levels, known as "action levels", for specific chemicals which may be found in drinking water. As explained in Section 5.11 of the DREIR, boron is the only compound that is detectable in the product drinking water from the seawater desalination facility. After the reverse osmosis treatment process the desalted water boron level is approximately 0.6-0.8 mg/I, which is below the DHS action level. Impacts to the product water quality are less than significant. Finding for Product Water Reliability The proposed desalination project product water reliability may be impacted by earthquakes or other unscheduled outages. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure PW-4. Less than significant impact with mitigation. Facts in Support of Finding The desalination facility operations would be fully automated and key systems would be provided with redundant equipment and controls per the requirements of Title 22 of the California Code of Regulations. In the event of an underground booster pump station power outage, the booster pump station would be equipped with on-site power generators that would allow their operation to continue even if the main source of power supply has been interrupted. The desalination facility would be provided with two independent sources of power supply, which includes an electrical power grid and/or the HBGS auxiliary reserve bank to assure uninterrupted operations during emergencies. The desalination facility would be manned 24 City of Huntington Beach September 23, 2005 Page 36 of 48 Seawater uesailnation Project at muntington beach rINUINU'i Ur rAU l 5 Recirculated EIR No. 00-02 hours per day, 365 days per year by skilled and certified operators, which would coordinate facility and pump station operations with that of all other water purveyors delivering water to or operating the water distribution system facilities. As a part of desalination and pumping station operations, the operations staff would develop an earthquake mitigation and preparedness plan, which would be coordinated with the City of Huntington Beach. This plan would define coordination measures to assure continuous facility operations and water delivery under earthquake emergency conditions. The desalination facility would be designed with one standby reverse osmosis train to provide additional reliability of water production and supply. Typically, desalination facilities, including the existing desalination facilities in California, are designed to operate with all available reverse osmosis trains in operation at all times. During the times of potential outages caused by scheduled or unscheduled maintenance or emergency events, such as an earthquake, these facilities operate at reduced capacity or are down for a certain period of time. The proposed desalination facility would be designed to produce 50 mgd of product water with 12 RO trains, and would be constructed with an additional 13th RO standby train, which can produce up to 4.2 mgd of water at any time. This additional train would provide increased reliability and redundancy that exceeds current reliability standards and common practices for desalination facility design. The proposed desalination facility would be the first facility in California with such additional production standby capacity and reliability provisions. The issues of reliability of the supply and emergency service provisions would be dictated by the terms of the institutional agreements negotiated with the regional water purveyors (including MWDOC and Metropolitan Water District) and by the terms of the water supply agreements negotiated with potential customers that would purchase the product water produced at the desalination facility. Thus, impacts are anticipated to be less than significant in this regard with mitigation. In addition, the project represents a benefit in regards to water supply reliability for Orange County as it would be a new source of supplemental water supply that is drought-proof. Finding for Orange County Water Distribution System The introduction of the proposed desalination project product water into the existing Orange p I P 9' 9' County distribution system may result in impacts in regards to blended water quality, corrosivity, chlorine residual, disinfection byproduct concentration, taste and odor or hydraulics. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PW-5 through PIN-9, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.11 of the DREIR, blending could have water quality improvement benefits, especially if the receiving agencies are predominantly using imported water, which has higher levels of TDS, sulfate, hardness and disinfection byproducts than desalinated water. The desalination facility would produce drinking water of very high and consistent quality, which meets or exceeds all applicable regulatory requirements established by the EPA and the DHS. The desalinated water would be produced applying state-of-the-art seawater RO membranes which are capable of removing practically all contaminants in the source water: turbidity; taste, odor, color, bacteria, viruses, salts, proteins, asbestos, organics, etc. Currently, EPA recognizes RO membrane treatment as a best available technology for water treatment and for meeting future water quality regulations. The desalinated water would have approximately 100 City of Huntington Beach September 23, 2005 Page 37 of 48 Seawater uesallnation rroject at Huntington beacn I-INUINU6 UI- rAU 16 Recirculated EIR No.00-02 mg/L lower salinity (i.e. TDS) than the existing drinking water. The lower drinking water salinity would result in better taste and lower overall water distribution system corrosivity. The desalinated seawater would be softer than the existing water sources. Softer water has a number of benefits such as: better taste; formation of less calcium deposits on household appliances and cutlery; and lower detergent use. The desalinated water would have order-of- magnitude lower disinfection byproducts, such as total trihalomethanes and halocetic acids, or TTHM and HAA, respectively) concentrations than the existing drinking water (refer to the DREIR Appendix N, DISINFECTION BYPRODUCT FORMATION STUDY). Disinfection byproducts are well known carcinogens and their reduction in the drinking water as a result of the blending of the desalinated water with other water sources would be an added benefit. The blending of desalinated product water with existing distribution systems has less than significant impacts. As stated above, the proposed project would include several features to accommodate changes in ocean water quality and red tide algal bloom events. In addition, in regards to corrosivity, blending the desalinated product water with existing water from other sources may change the water quality of the blend in terms of its corrosion effect on the existing water distribution system. When evaluating potential short-term and long-term impacts of blending treated waters from different sources, one of the most important considerations is the potential for corrosion of pipes and residential fixtures. Excessive corrosion over time might lead to colored water in homes, stained fixtures, pipe failures, and non-compliance with the Lead and Copper Rule. In 1992, the EPA promulgated the Lead and Copper Rule to protect drinking water consumers from excessively high concentrations of lead and copper in the drinking water caused by corrosion of household and public building plumbing systems. The rule sets limits for lead and copper in samples collected from faucets with risk for elevated lead and copper concentrations. The limits for lead and copper are 15 µg/L (micrograms per liter), and 1.3 mg/L, respectively. Similar to all other potable water sources in the distribution system, product water from the Seawater Desalination Project at Huntington Beach would be chemically conditioned at the treatment facility prior to delivery to the distribution system to mitigate its corrosivity. Lime, in combination with carbon dioxide, would be added for post-treatment stabilization of the RO water as a source for pH and alkalinity adjustment and hardness addition. A corrosion control study describing in detail the type and amount of corrosion control chemicals planned to be used for this project are presented in Appendix O of the DREIR, DISTRIBUTION SYSTEM CORROSION CONTROL STUDY. The product water from the seawater desalination facility would be suitable for delivery through the existing water distribution system and would be comparable and compatible to the other water sources currently delivering water to the same system. Prior to delivery to the water distribution system the desalinated water would be conditioned using lime and carbon dioxide to achieve the following corrosion control driven water quality parameters, which are known to be consistent with water currently distributed throughout Orange County: • pHof8to8.5, • Langelier Saturation Index (LSI) of 0.0 to 0.5, and • Alkalinity of 40 mg/L or higher. These water goals are established based on current practices of the MWD, MINDOC, and most water agencies and municipalities in Orange County. The water goals are rooted in the Safe Drinking Water Act's water quality standards. City of Huntington Beach September 23, 2005 Page 38 of 48 Seawater ueSallnation h'roject at Huntington beacn I-INUINUZ5 Vf VAL;1 5 Recirculated EIR No. 00-02 These water quality goals would be achieved by the addition of the following chemicals: • Lime at dosage of 25 to 50 mg/L (average of 30 mg/L) • Carbon dioxide at dosage of zero to 30 mg/L (average of six mg/L) Adopting this proven corrosion control strategy would result in a non-corrosive product that can be seamlessly integrated into the system. In addition, a corrosion monitoring system would be installed in the proposed transmission pipeline at points of interconnection with the existing water distribution system to ensure that the proposed corrosion control measures are effective and adequate. As such, impacts in regards to corrosion are not anticipated to be significant upon implementation of the design features described above. The desalinated product water would be disinfected prior to delivery to the distribution system. Chlorine, in the form of sodium hypochlorite, would be added as a disinfectant to meet DHS water quality standards for potable water disinfection. The desalted water would meet current imported water disinfection methods so as to not change any disinfection protocol currently being used by water agencies. As explained in Section 5.11 of the DREIR, the desalinated water would be chloraminated by sequential application of sodium hypochlorite and ammonia to achieve a chloramine residual concentration at the point of delivery to the distribution system is in a range of two to 2.5 mg/L. A detailed description of the proposed chloramination process is provided in Appendix N of the DREIR, DISINFECTION BYPRODUCT FORMATION STUDY. This study confirms that after blending of the chloraminated product water from the desalination facility with disinfected product water from other sources, the chloramine residual of the blend meets the target level in the distribution system of two to 2.5 mg/L. As such, impacts in this regard are not anticipated to be significant. As explained in Section 5.11 of the DREIR, blending desalinated water with existing sources of supply would result in a product that is comparable to existing supplies and meets all disinfection byproduct limits. Desalinated seawater contains lower levels of organics than existing Orange County sources. Therefore, blending of desalinated water with other source waters in the distribution system would have a beneficial effect, and would lower the overall disinfection byproduct concentration of the blend. The results of Appendix N in the DREIR, DISINFECTION BYPRODUCT FORMATION STUDY confirm the beneficial effect of the desalinated water on the blended water quality in terms of disinfection byproducts. As such, impacts in this regard are not anticipated to be significant. In regards to hydraulics and/or pressure surges, implementation of the proposed project may have hydraulic impacts on the regional water distribution system. A total of three pump stations would be necessary for operation of the project: 1) a product water pump station at the desalination facility site; 2) the OC-44 underground booster pump station in unincorporated Orange County; and 3) the Coastal Junction underground booster pump station in Irvine. Project implementation could potentially alter the flow rate and pressure of multiple transmission lines serving the vicinity. Based on hydraulic modeling performed for the proposed project, the following water transmission mains in the project vicinity are not anticipated to be impacted by the proposed project (it is assumed that all facilities discussed below have design features to prevent hydraulic surges): City of Huntington Beach September 23, 2005 Page 39 of 48 ,jeawater uesaiination rroject at Huntington tseacn I-INUINU j Ur I-AU I J Recirculated EIR No.00-02 ❖ East Orange County Feeder#2 ❖ Irvine Cross Feeder s• Coast Supply Line ❖ Aufdenkamp Transmission Main ❖ Tri-Cities Transmission Main ❖ Newport Beach Wells Supply Line However, the hydraulic characteristics of the OC-44 pipeline may be affected in one of two ways, depending on whether the pipeline segment in question is east or west of the proposed OC-44 connection point: 1) west of the proposed OC-44 connection point, the flow rate and flow direction would remain unchanged, while a change in water pressure would be negligible (a change of less than five psi); and 2) east of the proposed connection point, the direction of flow would be reversed, the flow rate would increase, and water pressure would decrease. It is anticipated that maximum flow velocity through this portion of the pipeline would be 7.5 fps. All flow rate, pressure, and velocity changes, which may occur in the existing pipelines, are within pipeline design specifications. In addition, the hydraulic characteristics of the East Orange County Feeder No. 2 (EOCF #2) may be affected in one of two ways, depending on whether the pipeline segment in question is north or south of the Coastal Junction (the point at which the Tri-Cities and Aufdenkamp Transmission Mains connect to the EOCF #2): 1) north (upstream) of the Coastal Junction, the flow rate within EOCF #2 would decrease (this decrease may allow water pressure to rise, but the resulting change in water pressure would be well within allowable design pressure for the existing pipeline); and 2) south (downstream) of the Coastal Junction, the direction of flow would be reversed, the water pressure would rise, and the flow rate would increase to a maximum velocity of 3.6 fps. Based on the hydrodynamic model, the pressure class of the existing pipeline is of sufficient strength to accommodate changes incurred by the proposed project. Thus, impacts in this regard would not be significant. Appendix D of the DREIR, PRESSURE SURGE ANALYSIS, provides a discussion of potential impacts of the three pump stations associated with the project. The report includes the effect of pressure surges on: ❖ The proposed desalinated water 42-to 48-inch pipeline (between the desalination facility and the OC-44 transmission main) ❖ East Orange County Feeder#2 ❖ Irvine Cross Feeder ❖ Coast Supply Line ❖ Aufdenkamp Transmission Main ❖ Tri-Cities Transmission Main Analysis concludes that in the event of a loss of power to the booster pump stations, a low- pressure wave is predicted to propogate out from the discharge site of each booster pump station and into the associated pipelines. As the water travels toward its applicable destination (reservoirs, demand locations, and booster pump stations), the low-pressure waves cause the pipeline pressure to fall. Simultaneously, a pressure upsurge wave is predicted to propagate out from the suction side of the OC-44 and Coastal Junction pump stations. Following the loss of power to the pump station located at the desalination site, a vapor condition is created in the desalinated water conveyance pipeline. When the product water conveyance pipeline is re-pressurized by a reflected waterhammer wave, any vapor cavities that are formed would collapse, and may create extremely high local pressure spikes that may City of Huntington Beach September 23, 2005 Page 40 of 48 Jeawater Uesalnation vroject at Huntington beacn HNUINCiS Ur t-AU 15 Recirculated EIR No. 00-02 damage the pipeline, resulting in premature corrosion and the development of leaks. When subjected to negative pressure, a leak could become a source of pathogen intrusion. If the piping does not have sufficient strength to withstand a full vacuum, the pipeline could collapse under such low pressures. To eliminate large negative pressures and the possibility of vapor cavity formation in the delivery pipeline system above, surge protection measures for proposed project facilities are recommended as follows: ❖ Incorporation of pressurized surge tanks at booster pump station locations; and ❖ Vacuum relief and air release valve improvements. Hydraulic modifications recommended for the existing water distributions stem include he Y g y et following: ❖ Hydraulically operated isolation valves; ❖ Elimination of existing valves; and ❖ Pressure control valve improvements. Additional modeling would be performed during the design phase of the project to confirm that the proposed project would not have significant impacts on regional water transmission facilities. Moreover, the applicant would be required to coordinate and consult with agencies having facilities that are potentially affected by desalinated seawater from the proposed project (including MWD) to obtain institutional agreements prior to project operation. 5.0 ENVIRONMENTAL EFFECTS WHICH WOULD REMAIN SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION IMPACTS RELATED TO CONSTRUCTION —AIR QUALITY Section 5.9 of the DREIR addresses the project's potential short-term construction related impacts. The DREIR addresses nine topics, one of which (air quality) is addressed in this Section. The remaining topics are addressed in Section 4.0-1 of this Statement of Facts and Findings. Finding for Short-Term Air Quality The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to air quality. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-9 and CON-10. In addition, the South Coast Air Quality Management District and California Air Resources Board have jurisdiction over stationary and mobile emission sources, respectively. Even after incorporation of mitigation measures CON-9 and CON-10, the Project will result in an unavoidable significant impact in regards to short-term construction related reactive organic gases (ROG), nitrogen oxides (NOJ, and carbon monoxide (CO). Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible additional mitigation measures or alternatives identified in the DREIR. The City of Huntington Beach is adopting the Statement of Overriding Considerations set forth in Section 7.0 of this Statement of Findings and Facts to address this impact of the Project. City of Huntington Beach September 23, 2005 Page 41 of 48 Seawater uesalination rroject at Huntington beacn t-INUINU5 Ur t-AU 15 Recirculated EIR No. 00-02 Facts in Support of Finding Construction related air quality impacts will be mitigated through preparation of a dust control plan and adherence to City standards and South Coast Air Quality Management District Rules 402 and 403. As detailed within Section 5.9 of the DREIR, and despite the implementation of standard conditions, project design features and mitigation measures CON-9 and CON-10, significant and unavoidable short-term air quality impacts remain. The proposed project is anticipated to exceed South Coast Air Quality Management District (SCAQMD) thresholds in regards to short-term air emissions (remediation, demolition, construction). Mitigation measures will be implemented, but these measures are unable to reduce ROG, NOX, and CO emissions to a less than significant level according to SCAQMD thresholds. Thus, air quality impacts in this regard are considered an unavoidable significant impact of the Seawater Desalination Project at Huntington Beach. This impact is overridden by the project benefits as set forth in the Statement of Overriding Considerations (Section 7.0 of this Statement of Facts and Findings). There are no feasible alternatives that could avoid this significant impact. Moreover, the South Coast Air Quality Management District and California Air Resources Board have jurisdiction over stationary and mobile emission sources, respectively. 6.0 FINDINGS REGARDING PROJECT ALTERNATIVES Pursuant to Public Resources Code Section 21002 and the CEQA Guidelines Section 15126.6, an EIR must assess a reasonable range of alternatives to the project action or location. (a) Section 15126.6 places emphasis on focusing the discussion on alternatives which provide opportunities for eliminating any significant adverse environmental impacts, or reducing them to a level of insignificance, even if these alternative would impede to some degree the attainment of the project objectives, or would be more costly. In this regard, the EIR must identify an environmentally superior alternative among the other alternatives. (b) As with cumulative impacts, the discussion of alternatives is governed by the "rule of reason". (c) The EIR need not consider an alternative whose effect cannot be reasonably ascertained, or does not contribute to an informed decision-making and public participation process. The range of alternatives is defined by those alternatives, which could feasibly attain the objectives of the project. Accordingly, Section 6.0 of the DREIR analyzes various alternatives to the proposed project in evaluating the opportunity for avoiding or substantially lessening environmental impacts. Section 6.0 of the DREIR provides descriptions and analysis of each alternative in adequate detail to allow the decision-maker(s) to evaluate the proposed project in comparison to identified alternatives. As directed in CEQA Guidelines section 15126.6(c), an EIR shall include alternatives to the project that could feasibly accomplish most of the basic objectives of the project. A specific objective of the project was to provide a reliable local source of drinking water. While water conservation efforts have resulted in successfully stretching the existing water supply, and more gains from conservation are projected for the future, conservation in and of itself is not a "source of drinking water." It must also be emphasized that although an objective of the project is to provide a reliable local source of drinking water, most of the project objectives emphasize development of a drinking water source that is "independent of," "decreases pressures on" and "minimizes demands on" existing drinking water supplies (i.e., imported water supplies and local City of Huntington Beach September 23, 2005 Page 42 of 48 Seawater uesalinatlon vroject at Huntington beach HNUINUb Vl- t-AU 15 Recirculated EIR No.00-02 groundwater supplies). (See the list of project objectives on page 6-1 of the DREIR.) Desalinated seawater is unique because it does not fall into the categories of either "imported water" or"local groundwater." In contrast, water reuse projects are dependent on existing water supplies because, by their very nature, they "recycle" existing imported or local groundwater supplies. In addition, water reuse projects do not produce direct use potable/drinking water. DHS will not allow recycled water to be used as a direct use potable water source. Because there are no feasible alternative water sources to evaluate that meet the objectives of the project, an alternative water source "alternative" was not included in the DREIR. As directed in CEQA Guidelines section 15126.6(c), an EIR shall include alternatives to the project that could avoid or substantially lessen one or more of the significant effects. The DREIR notes (at page 6-1) that with the exception of short-term air quality emissions associated with construction activities, "all potentially significant impacts" (which includes potential impacts to marine organisms and water quality) can be "mitigated to less than significant levels." Therefore, it is not anticipated that increased conservation efforts or any alternative water source (assuming there is one) will avoid or substantially lessen significant impacts when compared to the project. Section 6.0 of the DREIR evaluates five ternatives, including a "No Project/No Development" alternative, "Alternative Site" alternative, "Alternative Ownership and Operation" alternative, "Alternative Project Design" alternative, and "Reduced Facility Size" alternative. The "No Proiect/No Development" alternative conflicts with the primary purpose of the proposed project, and is not being considered by the City for the following reasons: The "No Project/No Development" alternative would: • not meet basic project objectives; • not remediate petroleum hydrocarbon contamination known to exist on-site; • not minimize demand on existing imported water system; • not create ecosystem and biologic resource benefits due to decreased pressures on existing water resources; • leave the existing degraded, abandoned fuel oil storage tanks in place; and • not preclude site development of a similar or worse nature. Table 1 ALTERNATIVE IMPACTS Alternative Impact Summary Matrix Alternative Impact Meets (compared to the proposed project) Feasible Objectives No Project/No Development Less Yes No Alternative Site Equal/Greater Potentially No Alternative Ownership and Equal Yes Yes Operation Alternative Project Design Equal No Yes Reduced Facility Size Less/Equal Yes Yes "Environmentally superior to the Applicant's proposal City of Huntington Beach September 23, 2005 Page 43 of 48 Seawater uesailnation rroject at Huntington tseacn FINUINUZi Ur FHI;15 Recirculated EIR No. 00-02 The "Alternative Site" alternative would potentially result in impacts greater than or equal to those of the proposed project situated in Huntington Beach (depending on site-specific conditions). This alternative would implement the project on either a site adjacent to the proposed subject site (identified in the Initial Study/NOP for this project) or within the City of San Clemente, City of Dana Point, or in San Onofre. This alternative is not being considered by the City for the following reasons: The "Alternative Site" alternative would: • not substantially reduce identified impacts associated with the proposed project; • not avoid the unavoidable significant impact for short-term air quality; • result in potentially greater impacts for those alternative sites requiring a new ocean intake/outfall; • may result in significant aesthetic and/or marine biological impacts; and • would have greater impacts due to sensitive surrounding areas. The "Alternative Ownership" Alternative would not change any of the design or operational features of the project. Rather, this alternative consists of the exact same project owned and operated by a public entity. The project proponent, a private entity, has already obtained lease rights to the site through negotiations with the current land owner (AES Huntington Beach, LLC). For this alternative to be feasible, a public entity would first need to negotiate with the applicant or otherwise obtain lease rights to the site. Assuming that lease rights of the site were acquired by a public entity, this alternative would result in the same environmental impacts as the proposed project (under private ownership). However, if a public water district obtained the necessary property interest in the HBGS site by condemnation or negotiation and chose to construct a seawater desalination facility, the City would lose the ability to permit/review the overall project and site design details, and would only have limited permitting authority for secondary approvals such as encroachment permits, per the California Government Code. In fact, the water agency could build a seawater desalination facility on the site even if the City changed the zoning to preclude such a use. In addition, the public entity would complete and certify their own EIR on the project. The EIR could be certified by the public entity over the objections of the City. The "Alternative Project Design" alternative would incorporate a different method of desalination (such as multi-effect distillation, or MED) or an alternative seawater intake collection system (such as vertical wells, Ranney wells, infiltration galleries, and seabed infiltration systems). The IVIED alternative is infeasible due to the extreme height required for operation of the vertical tubes (300 feet) and the dependency on an electrical power plant for generation of steam. Alternative intake methods are infeasible primarily due to the number of vertical/Ranney wells necessary for a 50 mgd project. A vertical/Ranney well system would require at least 24 individual wells situated either on the beach or nearby, spaced at a minimum distance of 200 feet and would require pipelines to interconnect each facility. This would result in significant construction-related and long-term operational impacts due to large-scale disruption of the beach and/or coastal areas. Other alternative intake methods, such as an infiltration gallery or seabed infiltration system, would also be infeasible due to significant land use and/or marine biological impacts (a 1.8-mile, 22-acre area of disturbance on the beach required for an infiltration gallery or a 23-acre excavation area on the seafloor for a seabed infiltration system). It is also important to note that none of these alternative "beach well' seawater intake systems have ever been successfully designed, permitted and operated in the United States, while the technology and track record for traditional seawater desalination has been demonstrated in the United States and internationally. City of Huntington Beach September 23, 2005 Page 44 of 48 Seawater uesannation Project at Huntington beacn NNUINUS UF- I-AU 15 Recirculated EIR No.00-02 An alternative discharge location (the Orange County Sanitation District [OCSD] outfall) was also analyzed as an alternative. This alternative is also rejected, since OCSD has indicated that they do not have the capacity to accommodate the waste stream from the proposed desalination project. The "Alternative Project Design" alternative would: • Not substantially reduce impacts in comparison to the proposed project; and • Be either technically or financially infeasible to implement. The "Reduced Facility Size" Alternative would reduce the output of project water to approximately 25 mgd. The design and operation of the proposed desalination facility would generally remain the same. However, this alternative would reduce the size of the facility, the amount of seawater required to produce water, and the amount of concentrated seawater discharged back into the HBGS outfall. The 25 mgd alternative would not significantly reduce potential environmental impacts when compared to the proposed project. In addition, this alternative would result in a substantial decrease in the amount of desalinated water that could be produced, and thus a substantial increase in the cost of the desalinated water. While the Reduced Facility Size alternative may result in slightly reduced impacts in comparison to the proposed project, the 25 mgd alternative would result in providing water at a cost that would not be acceptable to Orange County water purveyors, and would not produce a sufficient amount of desalinated water to meet projected future demand. Implementation of the 25 mgd alternative would not avoid the project's identified unavoidable construction related air quality impact, and would reduce the water quality benefits of the project as proposed. As such, this alternative is not presently under consideration. The "Reduced Facility Size" alternative would: • Not provide a sufficient amount of water that would meet the projected future water needs; and • Reduce overall water supply reliability that is sustainable and independent of climatic conditions. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable". The CEQA Guidelines require that, when a public agency allows for the occurrence of significant effects which are identified within the Final REIR but are not at least substantially mitigated, the agency shall seek in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination. To the extent the significant effects of a project are not avoided or substantially lessened to a level of insignificance, the City of Huntington Beach, having reviewed and considered the information contained within the Final Recirculated Environmental Impact Report for the project, and having reviewed and considered the information contained within the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds City of Huntington Beach September 23, 2005 Page 45 of 48 Jeawater uesalination vroject at Huntington tieacn HNUINUb Ur f AU 15 Recirculated EIR No. 00-02 that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to a less than significant level where feasible, and furthermore, that alternatives to the project are either infeasible because they have greater environmental impacts, do not provide the benefits of the project, do not eliminate the project's unavoidable significant air quality impact, or are otherwise socially or economically infeasible. The environmental analysis undertaken for the Seawater Desalination Project at Huntington Beach indicates that, while mitigation measures would be effective in reducing the level of certain short-term air quality impacts, the project may still result in significant adverse impacts in regards to short-term air quality. It should be noted that the project's unavoidable adverse impacts would occur under current General Plan designations. The City of Huntington Beach, as lead agency and decision-maker for the project, has reviewed and considered the information contained in the Final REIR prepared for the Seawater Desalination Project at Huntington Beach and the public record. The City finds that the benefits of the Project include the following: ❖ The Seawater Desalination Project at Huntington Beach will provide a reliable source of potable water to Orange County that is sustainable independent of climatic conditions and the availability of imported water supplies and local groundwater supplies. The Project offers Orange County's water agencies up to 50 million gallons per day (MGD) or 56,000 acre-feet of water per year to include in their portfolio of available water resources. Water conservation efforts have resulted in successfully stretching the developed water supply, and more gains from conservation are projected for the future. Still, the California Department of Water Resources predicts that the South Coast Region (and the entire State) will face significant water shortages by the year 2020. While the amount of water produced by the Project is only a small percentage of the current 650 MGD (710,000 acre-feet per year) Orange County water demand, it is an important drought-proof, renewable supply that will enhance the overall portfolio of water resources available to Orange County water agencies. ❖ The Seawater Desalination Project at Huntington Beach will provide product water that meets the requirements of the Safe Drinking Water Act (SDWA) and the California Department of Health Services (DHS). ❖ The Seawater Desalination Project at Huntington Beach will reduce the salt imbalance of current imported water supplies by providing a potable water source with lower salt loads for blending with existing supplies. ❖ The Seawater Desalination Project at Huntington Beach will remediate the subject site of on-site contaminants resulting from approximately 35 years of use as a fuel oil storage facility thereby protecting the health and safety of those in the surrounding community. ❖ The Seawater Desalination Project at Huntington Beach will create ecosystem and biological resources benefits that may accrue due to decreased pressures on existing water sources. The Orange County Water District (OCWD) has identified that Santa Ana River Groundwater Basin has been overdrafted by more than 400,000 acre feet due to drought conditions of the last three years. The Project could offset withdrawals from the groundwater basin during dry years, City of Huntington Beach September 23, 2005 Page 46 of 48 Seawater uesaunation Nroject at Huntington beacn FINUINCiS Ur FAC;I J Recirculated EIR No.00-02 allowing the Groundwater Basin to recharge. The Project could also offset demands on imported supplies transported from the Colorado River and/or Northern California, allowing more water to remain available for use in environmentally sensitive areas in those locations. ❖ The Seawater Desalination Project at Huntington Beach will minimize demands on the existing imported water system. Southern California could not exist without its extensive imported water supply system. The Metropolitan Water District of Southern California ("MWD"), together with many local water agencies, operates numerous water facilities to transport, store and recycle water supplies to meet the needs of Orange County and the surrounding Southern California region. Given the announced cutbacks of water supply from the Colorado River and the continuing environmental water demands on the State Water Project in Northern California, the water produced by the Seawater Desalination Project at Huntington Beach could be dedicated by Orange County water agencies to simply replacing existing water supplies for current Orange County residents and future generations. ❖ The Seawater Desalination Project at Huntington Beach will provide a continuous monitoring and protection of the Pacific Ocean water in the vicinity of the HBGS intake pipeline located offshore from Huntington Beach. ❖ The Seawater Desalination Project at Huntington Beach will serve high quality desalinated water through portions of the City distribution system and provide a drought proofing of 33% of the City's imported water supply. ❖ The Seawater Desalination Project at Huntington Beach will provide a local emergency water supply. ❖ The Seawater Desalination Project at Huntington Beach will improve the aesthetics of the area through the demolition of three unused 40-foot high fuel storage tanks and replacing them with lower profile, modern, and more attractive structures. ❖ The Seawater Desalination Project at Huntington Beach will install perimeter improvements including a 10 foot (Edison) to 20 foot (Newland) landscape planter and an eight foot high wall along the project's street frontage for an overall cohesive appearance with the HBGS facility along Newland Street. ❖ The Seawater Desalination Project at Huntington Beach will improve the circulation in the area through the dedication and improvement of additional right- of-way along Edison Avenue. ❖ The Seawater Desalination Project at Huntington Beach will provide a new source of long term annual property tax revenue for the city, especially the redevelopment zone located in the South East area of the City. ❖ The Seawater Desalination Project at Huntington Beach will provide a new source of long term annual revenue for the city from Franchise Agreement. ❖ The Seawater Desalination Project at Huntington Beach will provide higher water pressure in a portion of City's distribution system, thereby allowing the city to realized a cost savings. City of Huntington Beach September 23, 2005 Page 47 of 48 Seawater uesallnation vroject at Huntington beacn rINuINVS UI- r-AU 1,5 Recirculated EIR No. 00-02 ❖ The Seawater Desalination Project at Huntington Beach will provide these benefits at no cost to the tax payers. Based on this Statement of Facts and Findings and on all of the evidence presented, the City of Huntington Beach finds that the benefits of the Seawater Desalination Project at Huntington Beach (as described above) outweigh the adverse short-term air quality impacts associated with the construction of Project (as described in Section 5.0 of this Statement of Facts and Findings). City of Huntington Beach September 23, 2005 Page 48 of 48 ATTACHMENT 3 SEAWATER DESALINATION PROJECT AT HUNTINGTON BEACH SCH# 2001051092 MITIGATION MONITORING AND REPORTING CHECKLIST MITIGATION MONITORING PROGRAM The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document, which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, the attached MITIGATION MONITORING AND REPORTING CHECKLIST has been prepared for Seawater Desalination Project at Huntington Beach. This Mitigation-Monitoring .and Reporting Checklist is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the Seawater Desalination Project at Huntington Beach file. This Mitigation Monitoring Program delineates responsibilities for monitoring the project, but also allows the City of Huntington Beach flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. Reporting consists of establishing a record that a mitigation measure is being implemented, and- generally involves the following steps: • The City of Huntington Beach distributes reporting forms to the appropriate entities for verification of compliance. • Departments/agencies with reporting responsibilities will review the EIR, which provides general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to City of Huntington Beach as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. • Responsible parties provide the City of Huntington Beach with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented City of Huntington Beach September 23, 2005 1 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No.00-02 AND REPORTING CHECKLIST through existing review and approval programs such as field inspection reports and plan review. • The City of Huntington Beach or Applicant prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. • Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the Mitigation Monitoring Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City of Huntington Beach. Such changes could include reassignment of monitoring and reporting responsibilities, program redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. City of Huntington Beach September 23, 2005 2 k LA m N V W ` g 8 9 M s V o a 04 ui z = Z s s s 2ul 0 a A I I o i A 1 9 E O - .. � o w CL 0 LLI Z c o z a w p s s V s a c Z �c Z�. c.E ccc OW m(L G a ,m e. 2 - a) a) UmQ H M z WV C aQ � Z ° °� ° co OG� w � acioacicz. 0 Cc W U ° a_ c.m cn zG «. ca OO Nv¢ - HW U•m_ c 00. cY Es t z C m mQ w O NZ z c ag% z V m a ZZ j N J a J N c a� W a c U atS m - 9.- N— U•a N H d > d O-c N C C pp <C N t0 N � p �! 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OW ZQ O co F ti z W �V W Z �W oa LL W 0 Z0 220 OW za 0 s z m -J o W ZZ z � c N J O. _ g C13 � N T QLUt ao Z W m c OC 2 0� —v�i W ZO c c Q 0 .+ M m 0 H O g N OC U ATTACHMENT 4