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HomeMy WebLinkAboutBolsa Chica Land Use Plan and Linear Regional Park - Califor (2) REQUEST FOR CITY COUNCIL AV ION Date April 26, 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director , Development Services�� &-&9 Subject: BOLSA CHICA LAND USE PLAN AND LINEAR REGIONAL PARK BOUNDARY STUDY pepS , Aveip4e> Consistent with Council Policy? Yes [ J New Policy or Exceptioneej Qoq*,b AS Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On April 22, 1985, the City Council adjourned to a study session on May 6 , to discuss the Bolsa Chica Land Use Plan and Linear Regional Park Study. Both the plan and the study are scheduled before the Orange County Planning Commission on April 30 and the Orange County Board of Supervisors on May 15. It is being proposed by the County Environmental Management Agency (EMA) staff that the Planning Commission continue this item until May 7 . EMA staff has been working deligently with the City staff and interested parties to obtain input into these documents . The Bolsa Chica Advisory Committee has also been involved in providing recommendations to the County at their April 4 and April 25 meetings . Another meeting is scheduled for May 2 to provide additional input prior to the final Planning Commission hearing and Board of Supervisors hearing. The County proposes to resubmit the modified Bolsa Chica Land Use Plan to the Coastal Commission on May 29. To be eligible for an administrative check off, it is critical that they meet this deadline in order to adhere to the six month time constraint for complying with the Coastal Commission 's modifications. The County staff has determined that they have substantially complied with the Commission 's modifications. RECOMMENDATION: Review the issues concerning the Bolsa Chica Land Use Plan and the Linear Park Boundary Study. Adopt the attached resolutions taking a position on the Bolsa Chica Land Use Plan and the Bolsa Chica Linear Regional Park Boundary Study. ANALYSIS: On June 18, 1984 the City Council adopted a Resolution No. 5391 identifying certain issues of concern regarding the Bolsa Chica Land Use Plan . On November 29, 1984 , the Coastal Commission denied the r \ 1 . Pl o 4/81 r T Bolsa Chica Land Use Plan with suggested modifications for approval . The County has been working on making certain modifications to the Land Use Plan to address concerns of the City, Coastal Commission, Coastal Conservancy, CARP, the Advisory Committee and other interested parties . City staff has identified issues of concern to the City. They consist of the following: 1 . Circulation a. Connections of Talbert Avenue and Graham Street to the cross gap connector. b. The alignment of Warner Avenue to maintain access for the Warner Avenue Fire Station. C. The precise location, width and alignment of the cross gap connector . d. The alignment of the TI?intersection at the cross gap connector and the Pacific Coast Highway connector in order to encourage through traffic off of Bolsa Chica onto the Pacific Coast Highway reroute. e. Penetration of through traffic into existing city arterial systems. f. Existing local street system to be accommodated by providing for similar adjoining land uses and for adequate neighborhood circulation. 2. Service Delivery a . Planned circulation for the area needs to maintain access for the Warner Avenue Fire Station or provide for an alternate site if such access is not feasible or desirable . b. Consideration should be given to service of the proposed development with water supply and sanitation facilities in order to minimize costs and ongoing maintenance requirements. C. Due regard for cost-benefit ratios is fundamental to this development. 3. Ocean Access There are three primary concerns regarding the proposed ocean access which need to be addressed. They are : safety, preservation of the beach, and ongoing maintenance costs. Stronger language needs to be incorporated into the Land Use Plan to provide the necessary safeguards in order to assure that there will be no detrimental impact on the City ' s beach. RCA - April 26, 1985 -2- ( 2343d ) 4 . Huntington Harbor Connection A provision for a navigable Huntington Harbor connection is to be analyzed for inclusion in the Land Use Plan. The navigable connection must be the least environmentally damaging channel feasible. After the Coastal Commission approves the County's Land Use Plan there will be a unique interim step which was devised for the Bolsa Chica Land Use Plan. This step is referred to as the Land Use Plan Confirmation Report. It will be after the completion and approval of this interim step that the Bolsa Chica Land Use Plan will be deemed certified by the Coastal Commission. After the certification the Implementation Action Program will be developed. This will include zoning regulations and ordinances, a Feature Plan with detail and subarea plans. The Program will also delineate the scoping process for coordinating multiple levels of government involvement, program environmental impact documents, and eliciting public participation. It will be at the Confirmation Report step and the Implementation Action Program where a number of the issues mentioned above will be resolved. However, it is important at this time that the City go on record delineating its concerns. In conjunction with the modified Bolsa Chica Land Use Plan, the County is also submitting to the County Planning Commission and Board of Supervisors the Bolsa Chica Linear Regional Park Boundary Study. The study includes properties both within the County 's jurisdiction under the Local Coastal Program area and within the City of Huntington Beach. It identifies the established boundary within the County 's LCP area and the preferred boundary on the upland Huntington Mesa within the City's jurisdication. The proposed Linear Park will consist of 132 acres owned by Signal Corporation, Bolsa Corporation, Huntington Beach Company and the City of Huntington Beach. It would serve to link Central Park to the beach by a series of bike, pedestrian and equestrian trails . Vista points will be provided along with other passive activities. There are certain constraints within the proposed boundaries, including petroleum producing facilities, natural gas processing plant, topographic features and the requirement by the Coastal Commission for environmentally sensitive habitat areas (ESHA) . The development of ESHA' s would serve, in part, as mitigation measures for development of the Bolsa Chica. The County has been coordinating with the City in establishing the proposed boundary and a program for land acquisition options in the study. City staff has had an opportunity to comment on the draft document and to have these comments incorporated into this study. There are still a few issues that the City needs to take a position on: RCA - April 26 , 1985 -3- (2343d ) 1 . That the County actively pursue acquisition of property within the park boundary. To date the City, through park dedications, has acquired 23. 7 acres. The County presently has $2 million allocated for acquisition and development . They have held in abeyance acquisition activity until such time as the Coastal Commission took action on the Land Use Plan. 2 . Assurance needs to be made that the $2 million allocated for park acquisition and development be preserved for such activities and not reallocated for other purposes. 3 . It is not to be assumed that all of the acquisition of park land within the City will be through dedications. It may be necessary to purchase some of the property. 4 . The amount of park acreage allocated to environmentally sensitive areas (ESHA) and the design of the ESHA's shall not inhibit the development and use of a functional linear park . These passive areas should be designed in such a manner as to be an asset to the park system. ESHA designation shall only be assigned to areas within the County 's jurisdiction. Any area within the City of Huntington Beach that might be considered for an ESHA should be purchased by the County. The attached resolution identifies the City's concerns regarding the Bolsa Chica Linear Regional Park Boundary Study. FUNDING SOURCE: None needed. ALTERNATIVES: Do not adopt the resolutions for the Bolsa Chica Land Use Plan and Bolsa Chica Linear Regional Park Boundary Study. The City thus would have no official position on the Land Use Plan resubmittal and the linear park study. ATTACHMENTS: 1 . Resolutions 2. LUP map 3. Linear Park Boundary Map 4. Bolsa Chica Local Coastal Program (available in City Clerk 's office) 5. Bolsa Chica Linear Regional Park Boundary Study (available in City Clerk ' s office) JWP:FW: kla RCA - April 26, 1985 -4- ( 2343d ) :� � _✓_ _-__ _ yr � ',_ �� o, �.-. • a a�•- �-- j `�� .-.ram�:_ I, H J I r 0 NEAR TERM ACQUISITION LONG TERM ACQUISITION _ MAY PROPOSED_ --� BOUNDARY _ - �� I \ J figure J ! 8 I J RESOLUTION NO. 5515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSIDER SPECIFIC ISSUES RELATING TO THE BOLSA CHICA LINEAR PARK BOUNDARY STUDY WHEREAS, a significant portion of the Bolsa Chica Linear Regional Park is located in the city of Huntington Beach; and By means of park dedication, the city has acquired 23. 7 acres within the proposed park boundary; and The City of Huntington Beach, in a spirit of cooperation, has been working with the County of Orange to address issues of concern to the city regarding the Bolsa Chica Linear Park Boundary Study; and The linear park will link Huntington Central Park with the Bolsa Chica, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby requests the Board of Supervisors of the County of Orange to consider the following points relative to Bolsa Chica Linear Park Boundary Study: 1. That the County of Orange has allocated $2 million for acquisition and development which is being held pending action on the Bolsa Chica Land Use Plan by the California Coastal Commission. The city has acquired 23. 7 acres through park dedication, and recommends that the county actively pursue acquisition of real property within the park boundary. 2. That the City of Huntington Beach is assured that the County of Orange has irrevocably allotted $2 million for acquisition and development of Bolsa Chica Linear Regional Park. 3. That the City of Huntington Beach may not be able to acquire all of the parkland by dedication. In some instances 1. outright purchase will be required. Therefore, funding sources must be preserved. 4. That particular attention be directed to the amount of park acreage to be designated and designed as environmentally sensitive areas (ESHA) so that such areas will not inhibit development and use of the linear park. It is recommended that such passive areas be located solely within the county' s juris- diction and designed as an asset to the park system, and that any parkland within the city' s boundary which might be desig- nated as an environmentally sensitive area be purchased by the County of Orange. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of May 1985. O Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney /4� REVIEWED AND APPROVED: INITIATED AND APPROVED: City A nfttr46r irector of Developmen Services 3472/0549L RCS:ahb 5/2/85 2. Res4to. 5515 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of May , 1985 by the following vote: AYES: Councilmen: Kelly. MacAllister. Mandic. Bailey. Finley. Green NOES: Councilmen: None ABSENT: Councilmen: None NOT VOTING: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 5516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSIDER SPECIFIC ISSUES RELATING TO THE COUNTY' S BOLSA CHICA LAND USE PLAN WHEREAS, the Bolsa Chica is surrounded by the city of Huntington Beach and within such city 's sphere of influence; and The ultimate land use in the Bolsa Chica is of great con- cern to Huntington Beach. The City of Huntington Beach , in the spirit of cooperation , has been working with the County of Orange , the lead agency for the unincorporated area of the Bolsa Chica , and other interested parties to search for solu- tions to problem areas; and Such cooperative planning efforts for the Bolsa Chica should be continued until issues of concern of all parties have been resolved, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it respectfully requests the Board of Supervisors of the County of Orange to consider the following issues with respect to the Bolsa Chica Land Use Plan: 1 . Circulation (a ) The cross-gap connector shall allow for tie-in of Springdale Street, Graham Street , and Talbert Avenue . (b ) The cross-gap connector shall be a secondary arterial (preferably eighty ( 80) feet wide ) while allowing for a landscaped median . (c ) The circulation pattern shall be designed to encourage southbound traffic to utilize Warner Avenue en route to Pacific Coast Highway. 1 . (d ) Sufficient distance (a minimum of 750 to 900 feet ) shall be provided between the cross-gap connector and existing residential properties in order to complete the local street system through the use of cul-de-sacs and , in addition , to allow for proper development of low-density residential properties which would be compatible with existing development bordering the cross-gap connector . (e) The Pacific Coast Highway "mini reroute " shall provide for adequate , satisfactory access for the city 's Warner Street Fire Station. The City of Huntington Beach shall have no financial obligation for any Pacific Coast Highway reroute . (f) Through traffic shall be routed to prevent impact on existing city arterial systems . 2. Service Delivery (a ) Planned circulation for the area shall maintain access for Warner Avenue Fire Station or provide an alternative site if the present access is not feasible or desirable. (b) A water supply service and sanitation facilities for the proposed Bolsa Chica development shall be considered so that costs and ongoing maintenance requirements can be reduced to an absolute minimum. (c ) Due regard for cost-benefit ratios is fundamental to this development . 3 . Ocean Entrance (a ) The city supports the Coastal Commission 's suggested modifications for the ocean entrance , as adopted on November 17 , 1984; or other language which is equally or more protective against beach erosion if agreed upon by the California Coastal Commission , the County of Orange , and the City of Huntington Beach . (b ) Any ocean cut of the Bolsa Chica State Beach shall be done only after comprehensive physical modeling by the U. S. Army Corps of Engineers to determine the impact on the sandy beach. The city would favor such ocean cut only if the designs indicate little or no effect on the sandy beach and other coastal resources . Ways and means to finance any required sand replenishment program shall be provided. The City of Huntington Beach shall not be obligated to bear any part of the cost for the ocean cut, sand replenishment, or channel maintenance . 2. 4. Huntington Harbour Connection The city supports the creation of a navigable connection between Huntington Harbour and the Bolsa Chica Marina as an alternative boating outlet . Such alternative outlet is supported because Anaheim Bay is owned and used by the United States Naval Weapons Station , resulting in possible limitations on the use thereof. The general fund of the City of Huntington Beach shall not be used to finance such navigable connection . 5 . Wetlands (a ) The City of Huntington Beach favors wetlands restoration and open-space development to the fullest extent possible. Special attention shall be directed toward the extreme northeastern tip of the Bolsa Chica inasmuch as this area may create nuisances for existing residential development stemming from odors ,,' insects , etc . (b ) All wetlands restoration shall be within the bounds of the project area . 6 . Seismic Safety Extreme concern shall be given to seismic conditions . PASSED AND ADOPTED by the City Council of the City of Huntington at a regular meeting thereof held on the 6th day of May , 1985 . _V• � p Ma yor ATTEST : APPROVED AS TO ORM: J. City Clerk i y AtZRO y REVIEWED AND APPROVED: IN IT IATED AND D: A. zvv Ao� City Admator rector of velopment Services RCS: ahb 3471/0548L 5/2/85; 5/7/85 3. Resoo. 5516 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of —May , 1965 , by the following vote: AYES: Councilmen: Kelly, MacAllister, Mandic. Bailey, Finley, Green NOES: Councilmen: None ABSENT: Councilmen: None NOT VOTING: Thomas • � arc%! City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I w � CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION w w w HUNTINGTON BEACH TO • ALL CITY COUNCILMEMBERS FROM MAYOR RUTH S. BAILEY SUBJECT Bolsa Chica Citizens Advisory Committee DATE February 7, 1985 Orange County has established a Citizens Advisory Committee, a Landowners Committee, and a Te�Aical Advisory Committee on the Bolsa Chica. Three members of the Huntington Beach City Council will serve on the Citizens Advisory Committee. I respectfully request Council approval of the following recommendations: 1. Appoint Councilmembers Finley, Green and Mandic to serve on the Citizens Advisory Committee. 2. Authorize the City Administrator to appoint the appropriate staff members to serve on the Technical Advisory Committee and the Landowners Committee. RSB:bb APPROVED I3Y CITT' CCUt;'CI., cc: .Charles W. Thompson Attachment CITY CLERIC i (714) 834-5394 i o LJ n -o q<<roa� RONALD L. TIPPETS PLANNER COMMUNITY PLANNING SECTION ENVIRONMENTAL MANAGEMENT AGENCY 12 CIVIC CENTER PLAZA PROJECT PUNNING ROOM 268 DIVISION SANTA ANA.CA 92702-4048 BOARD OF SUPERVISORS COUNTY OF ORANGE MEMORANDUM FEB 619EU CITY OF HUNTINGTON BEh:n?H DATE: r,Ja-nua:ry,,A .; ;19$57 TO: Honorable Board Members FROM: Supervisor Harriett M. Wieder, Second District SUBJECT: Agenda Item #56 - January 29, 1985 - Bolsa Chica Local Coastal . Program and Related Planning Activity I recommend approval of the EMA staff recommendations with the exception of Recommendation #5. I propose to amend Recommendation #5 to read as follow: Establish a Citizens Advisory Committee and a Technical Advisory Committee on the Bolsa Chica. The Citizens Advisory Committee shall include: three (3) members of Huntington Beach City Council six (6) residents of Huntington Harbour three (3) members of Amigos de Bolsa Chica two (2) members of the Sunset Beach Community Association three (3) representatives of Citizens Against Rerouting Pacific Coast Highway (CARP) The Technical -Advisory Committee shall i-ncl-ude representatives of the tollowing groups: City of Huntington Beach California Department of Fish State Lands Commission and Game California Department of Parks E.P.A. and Recreation U.S. Fish and Wildlife Service National Marine Fisheries Corps of Engineers Service United States,,Navy Chevron Philips/Aminoil Private Consultants The attached diagram shows the organizational structure of the Committee and. :indicates the relationships of the Citizens Advisory Committee and the Technical Advisory Committee to the County and the -landowners. The existing landowners include Signal Landmark, Fieldstone/W.R. Grace, Metro- politan Water District (MWD) , Donald Godell , State Lands Commission, the Ocean View School Di-st.ri,ct, and the City of Huntington Beach. The major issues to be addressed during this planning phase are wetlands , the ocean entrance/marina, transportation and circulation, the Huntington Harbour connection, and 'the linear park. �i Honorable Board Members January 29, 1985 Page 2 I believe the configuration I am recommending will maximize the technical and community input to the ongoing planning process. RECOMMENDED ACTION: 1. Approve staff Recommendations #1, 2, 3, 4, 6. 2. Amend Recommendation #5 to establish a Community Advisory Committee and a Technical Advisory Committee on Bolsa Chica as described in this memo. Respectfully submitted, W HARRIETT M. WIEDER Supervisor, Second District cc: Clerk of the Board County Counsel CAO Bob Fisher, EMA Attachment I r Y w DRAFT PROPOSED BOLSA CHICA COUNTY ADVISORY GROUPS ORGANIZATION AND PARTICIPANTS 1/29/85 COUNTY ZI CITIZENS ADVISORY COMMITTEE LANDOWNERS 3 Huntington Beach City Council •Signal Landmark 6 Huntington Harbour Residents •Fieldstone/W R Grace 3 CARP Representatives •Oceanview School District 2 Sunset Beach Community Assoc. •Metropolitan Water District 3 Amigos de Bolsa Chica •Donald Goodell •State Lands Commission * —*City of Huntington Beach TECHNICAL ADVISORY COMMITTEE j� •City of Huntington Beach •State Dept. Fish/Game •U S Environmental Protection Agency •US Fish & Wildlife Service •National Marine Fisheries Service •State Lands Commission •U S Navy •State Dept of racks & Recreation •US. Corps. of Engineers •Chevron Oil Co •Philips/Aminoii •Private Consultants RESOLUTION NO. 5454 < A RESOLUTION OF THE CITY OF HUNTINGTON BEACH ADOPTING CONDITIONS OF APPROVAL FOR THE BOLSA CHICA LAND USE PLAN WHEREAS, it has taken many years study to prepare a General Land Use Plan for the Bolsa Chica; and Numerous parties, both public and private, have made contributions to said plan; and The city staff has diligently studied all alternatives so as to best serve the long term interests of the citizens of this area. NOW, THEREFORE, BE IT RESOLVED: Bolsa Chica Avenue shall be extended to Garfield Avenue at the minimum width necessary to safely and efficiently handle traffic, preferably 80 feet, and shall be designed to encourage M1 southbound traffic to utilize Warner Avenue enroute to Pacific Coast Highway. The extension of Bolsa Chica Avenue shall connect with a new connecting street to Pacific Coast Highway and such connecting street shall, in turn, be connected to Warner Avenue. In a similar manner, Garfield Avenue shall have a connecting street via an extension of Edwards and 38th Street with Pacific Coast Highway. The extension of Bolsa Chica Street to Garfield Avenue shall allow the tie-in of Springdale, Talbert, and Graham. Sufficient distance shall be provided (a minimum of 800 feet) between the Bolsa Chica Street extension and existing residential properties in order to complete the local street systems through cul-de-sacs and, in addition, to allow for proper development of low density residential properties which would border the Bolsa Chica Street extension and be compatible with existing development . All street construction shall be ` performed under standard City of Huntington Beach development requirements, as depicted in Exhibit A. Any reroute of Pacific Coast Highway shall be limited to the "mini reroute" and shall provide for adequate and satisfactory access for the city' s Warner Street Fire ,Station. The City of Huntington Beach shall have no financial obligation for any Pacific Coast Highway reroute. A navigable connection between Huntington Harbour and the Bolsa Chica Marina is favored to allow for needed improvement of water quality in Huntington Harbour and as an alternate boating outlet. This alternate outlet is needed due to possible limitations on the use of Anaheim Bay, which is primarily for the U.S. Navy Weapons Station. The City of Huntington Beach shall not have any significant financial obligations through general funds for such navigable connection. Any ocean cut of the Bolsa Chica State Beach should be done only after comprehensive modeling to determine the impacts on the sandy beach. Only under designs which predict no or minimal effects does the city favor such ocean cut. Ways and means should be required also to provide for the financing of any required sand replenishment program. The City of Huntington Beach shall have no financial obligation for any ocean cut or channel maintenance. All land uses within the Bolsa Chica shall be compatible with existing development and appropriate transitions of zones shall be provided adjacent to all existing zones. Due regard shall be given to topographic features and seismic conditions as well as for utility services. The City of Huntington Beach favors optimizing wetlands restoration and open-space development, but expresses concern with regard to the viability of some of the wetlands area shown in the extreme northeastern tip of the Bolsa Chica. Special attention should be directed toward this area so as not to create nuisances for existing residential development as the result of odors, insects, etc. All wetlands restoration shall "'o"' be within the bounds of the project area. l Y� 2. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October 1984. be /0 j ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INI TED .AND APPROVED: --Cify-Administratoe Director of Public Works I 3 . f J GPM • ,. BSI C Clf- "FR�L Vq LT LA ND TIAL Cor Pam. MaRINa � ppv,-Af H I&i-itl y RfOLESA CHICA u• EXHIBIT A • �. No. 5454 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) se: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of October , 19 84 , by the following vote: AYES: Councilmen: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r J• CITY OF HUNTINGTON BEACH i CITY COUNCIL COMMUNICATION, �xx�nr+ciou a� - TO- Connie Brockway, City Clerk , N•w FROM: Dave Sullivan, City Council Member DATE: May 27, 1998 SUBJECT "H" Item—June 1, 1998 City Council Meeting _ Bolsa Chica Mesa � m STATEMENT OF ISSUE: For many years, the bluff overlooking the Bolsa Chica Wetlands has been known as the Bolsa Chica Mesa. Recently, the landowner has decided to call the Bolsa Chica Mesa the Warner Mesa for rather obvious political reasons. RECOMMENDED ACTION: The official position of the city of Huntington Beach is to continue to refer to the Bolsa Chica Mesa as the Bolsa Chica Mesa. DS.lp xc: Mayor and City Council Ray Silver 06 � - � i May 28, 1998 Huntington Beach City Council Members 2000 Mein Street Huntington Beach Subject:;Renaming of Bolsa Chica Area Attn: qty Council Members As residents of Huntington Beach for over thirty years, we want to voice our disapproval of any hunt that Bolsa Chica Mesa may go through a name change. The Bo4a Chica Mesa Area is an historical, environmental and archaeological landmark in Huntington Beach. For anyone to unilaterally think they can come along and change the name o a place that all the citizens have come to know, is ludicrous. We urge the Council Members to send a message to the owners of this area, that the citizens'will not sit idly by and have this landmark renamed. I I Sincerel �afy y, Bill& Jane Wiley I I � c -0 V 3y�.�� 'v1 C4- I N D I I I I I Page 14 - Council/AgencRgenda - 06/01/98 • (14) H-6. Submitted By Council/Agency Member Dave Sullivan A. (City Council) Approve Official Position Regarding Name Of The Bolsa Chica Mesa (440.60) Communication from Councilmember Sullivan regarding the following subject: For many years, the bluff overlooking the Bolsa Chica Wetlands has been known as the Bolsa Chica Mesa. Recently, the landowner has decided to call the Bolsa Chica Mesa the Warner Mesa for rather obvious political reasons. Recommended Action: Motion: That the official position of the City of Huntington Beach is to continue to refer to the Bolsa Chica Mesa as the Bolsa Chica Mesa. [Approved 7-0] B. (City Council) Approve Formation Of City Council Ad Hoc Subcommittee Regarding Employee Comparison Study (120.45) Communication from Councilmember Sullivan regarding the following subject: For sometime there has been discussion as to whether employee benefits in Huntington are particularly generous when compared to other cities. The California League of Cities' total compensation comparisons only includes benefits which cities have in common. Therefore, the relative position of the city could represent an incomplete picture. Recommended Action: Motion: That a City Council Ad Hoc Subcommittee be formed to work with staff to do a comparison study of actual total compensation comparing Huntington Beach to five or six representative cities. [Defer to 6115198 to be placed just following public comments] H-7. Submitted By Council/Agency Member Dave Garofalo Council/Agency Adjournment[at 11:45 p.m.]To Monday, June 8, 1998, at &GO[4:00]p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. Council/Agency Agendas And Minutes Are Available At No Charge To The Public At The City Clerk's Office By Mail And Through Paid Subscription. Complete Agenda Packets Are Available At The Central Library and Library Annexes On Friday Prior To Meetings. Video Tapes Of Council Meetings Are Available For Checkout At The Central Library At No Charge. CONNIE BROCKWAY, CITY CLERK City of Huntington Beach 2000 Main Street- Second Floor Huntington Beach, California 92648 Internet: http://www.ci.huntington-beach.ca.us (14) I Co RESOLUTION NO. 5429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY .� OF HUNTINGTON BEACH OPPOSING THE COASTAL CONSERVANCY' S PROPOSAL TO REROUTE PACIFIC COAST HIGHWAY INLAND FROM ITS EXISTING ROUTE IN THE BOLSA CHICA HABITAT CONSERVATION PLAN WHEREAS, the City Council has concerns over the impact of the Coastal Conservancy' s proposal in the Bolsa Chica Habitat Conservation Plan to reroute Pacific Coast Highway; and The impact of rerouting Pacific Coast Highway on established residential areas is potentially severe and unwarranted; and Circulation on existing city streets will be impaired by penetration of through traffic into the existing arterial ' system; and Additional access onto Pacific Coast Highway is undesirable; and \` The proposed rerouting of Pacific Coast Highway may affect 4 the city and county approved plans for the Linear Park; and The City Council has received many protests from residents in the area regarding this proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the City of Huntington Beach is opposed to the Coastal Conservancy's proposal to reroute Pacific Coast Highway inland from its existing route. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of Aug,ust 1984. /9 ATTEST: APPROVED AS TO FORM City Clerk fit ttorney 1 . 1 J INITIATED AND APPROVED: 9tydminstrat 2 . -f Res. No. 5429 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of August 1984 by the following vote: AYES: Councilmen: Mar Allictar, Thomat. KPllx, Finl y, Bailey- Mandic NOES: Councilmen: None ABSENT: Councilmen: Pa tinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest -J- -i 19 IL ALICIA M. WENTWQRT4 City Clerk and Ex•officio Clerk of the City Counci the City of Huntington Beach, Cal. BY. ............. . ---rr Deputy zc, STATE COASTAL CONSERVANCY STAFF PRESENTATION FOR PUBLIC HEARING JUNE 21, 1984 BOLSA CHICA HABITAT CONSERVATION PLAN THE CALIFORNIA STATE COASTAL CONSERVANCY STATE OF CALIFORNIA-RESOURCES AGENCY f STATE COASTAL CONSERVANCY STAFF PRESENTATION FOR PUBLIC HEARING JUNE 21, 1984 BOLSA CHICA HABITAT CONSERVATION PLAN STAFF SUMMARY Coastal Commission certification of the Land Use Plan (LUP) for the Bolsa Chica area in Orange County has been delayed for several years by controversy over a number of concerns, most notably the difference between the wetland acreage proposed for restoration in the LUP (600+ acres, including boating channels) and the acreage requiring restoration as determined by the Depart- ment of Fish and Game (DFG) -- 1018 acres. SB 429, enacted in September, 1983, provides that the County of Orange, or any landowner, may petition the DFG to prepare a Habitat Conservation Plan (HCP) for Bolsa Chica with the express purpose of resolving conflicts between the conservation of fish and wildlife resources and other public/private development. The legislation further specifies that the HCP itself shall be prepared jointly by DFG and the Conservancy, "in cooperation with the County and landowner", with all costs to be paid for by the petitioner. On October 1, 1984, Orange County forwarded a request for the preparation of an HCP to DFG. Since that time, the Conservancy and OFG staffs have been working very closely with the County, Signal Landmark (the major landowner), the Coastal Commission staff and the Amigos de Bolsa Chica (the environmental and community group coalition in opposition to the County LUP and which pres- ently is involved in litigation against the State on Bolsa) to develop an HCP which is based on the goals of the County LUP but with the following other major goals in mind: (1) meet Coastal Act policies concerning wetlands, ac- cess, etc; and (2) be finanically feasible, i.e. , does not place undue burdens on the private development or other financing sources. At a public workshop on April 19, 1984, Conservancy staff presented several alternative HCP plans to the Board for review and comment only. Based on this testimony, the Board comments and many further discussions with the various parties, Conservancy staff are here presenting to the Board a pre- ferred HCP. The HCP is similar to the County LUP except that the HCP contains less acreage for the public marina, marina commercial and residential and more acreage for wetlands. The HCP also contains a rerouting of Pacific Coast Highway (PCH) around the study area to eliminate the need for a costly bridge over the ocean entrance and to free up more land for wetlands and recreational benefits. Mate of California • RESOURCES AGENCY OF CALIFORNIA 0 State Coastal Conservancy Date June 14, 1984 To Interested Parties Telephone: (415)464-1015 ATSS 561-1015 From : Joseph E. Petrillo Executive Officer Subject Attached Bolsa Chica Habitat Conservation Plan The enclosed Draft Habitat Conservation Plan has been developed by the Conservancy staff pursuant to SB 429 in consultation with the various parties involved as a focus for resolving the longstanding controversy regarding a Local Coastal Program for Bolsa Chica. This draft HCP should be viewed as a discussion document which could be used to deve op a consensus p4an; it is not meant to portray a particular final pan ut must be viewed as a flexible document. In developing this draft plan, the Conservancy was responsible for the "development of alternative land use plans". This HCP reflects --the- "wetland determinations" completed- by the Department of Fish and Game, the Conservancy's partner in this effort. The SB 429 parties (Conservancy, Fish and Game, Orange County, and Signal Landmark) are continuing to discuss the plan and possible alternatives. The Conservancy staff is hopeful that these parties will be able to agree on a set of consensus goals, remaining open issues and possible solutions to these issues for presentation at or before the Conservancy Board meeting on June 21. This "consensus document" would then be used to develop a final plan for submission to the Board at the July 19 meeting. r T • • 2 Finally, the results of the financial analysis contained in this report indicate the HCP offers the developer a return comparable to the LUP. This is accomplished by two means: first, by a reduction of 50% or more in the public costs that must be supporte� by the residential development; and second, by design features that allow an increase of over 350 acres of wetla�s wwhile reducing residential development by about 100 acres. Table 1 summarizes the major differences between the two plans. This HCP is still under review by the various parties involved at Bolsa. It is possible that staff will recommend changes to this plan prior to the anticipated Board vote at the July 19 meeting. However, staff feel that, at this time, this plan meets the above planning goals for Bolsa and is the pre- ferred choice among the number of alternatives reviewed. This staff presentation is divided into three remaining sections: the HCP Plan; the staff report describing the site, its history, and the HCP process; and HCP Contingency Plans. 3 TABLE 1 LUP AND HCP COMPARISON Component LUP HCP Wetlands 600 acres 951 acres Environmentally Sensitive Habitat 0 88 acres Residential Total 502 acres 396 acres Waterfront Residential 141 acres 144 acres Marina 1800 slips 1000 slips Marina Commercial 38 acres 25 acres Linear Park 89 acres 78 acres Special Facility Costs $163-194 million $56-82 million Net Revenue after Development Costs* $201-225 million $210-234 million Margin as % of Revenue 21-24% 27-31% *Total revenues less special public facility costs and unit development costs (assumed to be 65%) 4 DRAFT HABITAT CONSERVATION PLAN 5 DRAFT HABITAT CONSERVATION PLAN INTRODUCTION This plan has been prepared by the State Coastal Conservancy pursuant to its authority under Senate Bill 429. Under this Act, the Conservancy is responsible for the "development of alternative land use plans" for the Bolsa Chica study area. The Department of Fish and Game, the Conservancy's partner in the HCP process, is responsible for "wetland determinations" which have been transmitted separately. The intent of SB 429 was to enable the Conservancy, Fish and Game, Orange County and Signal Landmark, Inc. to work together on a plan that could meet most if not all of the various planning goals developed by various parties for this site. The remainder of this document discusses these goals and the Conservancy's effort to utilize them. HCP GOALS In the first months of work on the HCP, the Conservancy staff identified the following general goals *as of primary importance: (1) The State Coastal Act goals, which call for the protection and, where feasible, restoration ofwetlands, the provision of access to the shoreline, etc. (2) The County goals as expressed in the LUP, which include the need for public boating and marina-associated public recreational uses, the preservation of local community character, the resolution of present traffic problems, etc. (3) The creation of a plan that would not put an undue burden on private development but that would generate enough revenue to, in the County's words, "pay its own way" while still providing an adequate return to the landowners. THE HCP Figure 1 shows the HCP recommended by Conservancy. staff at this time. This plan was developed after numerous discussions with the various parties and includes: (1) Almost 400 acres of private residential development including 141 acres of land available for waterfront housing with private boat slips (see Table 2 for an acreage breakdown) . Figure 1 shows this ALTERNATIVE 1 , HABTAT CONSERVATION PLAN STATE C OTAL =5ERIANCY SCALE Ir•300 / �axrallrv� .a.F aecw _� lM RaGrIIMI IK11K RE90CMTUL 11 �� ' ��—'_ e* --------------------- 9 1�lRY1L i •� I�IebR OW�tl. __--- c.ar i a.o�ewe�• 6 lowland development as concentrated near the marina. In actuality, the development could contain a more undulating shoreline to maxi- mize views. The specific design of this land use is flexible as far as the Conservancy is concerned and should be planned according to landowner and local government criteria. (2) The HCP also includes: 951 acres of restored wetlands made up of outer Bolsa Bay; a riparian wetland corridor on Bolsa Mesa; the expanded flood channel and sediment basin; an intertidal delta adja- cent to Huntington Mesa; a "muted" tidal wetland made up of a diverse array of salt ponds, shallow water ponds and freshwater marsh; and about 461 acres of intertidal wetland dotted with islands. This wetland creates a tremendous diversity of different habitats designed to meet several specific goals: high habitat diversity, low capital and operation cost, high aesthetic value, high predictability of success and compatibility with both public and private development nearby. (3) Finally, the plan also includes a great number of other public bene- fits including: A new navigable ocean entrance, a 1000-slip public marina, 25 acres of marina commercial, a natural "linear park" along Huntington Mesa to accommodate both inland-coastal pedestrian/eques- trian access and non-wetland environmentally sensitive habitat (ESH) , and the rerouting of the Pacific Coast Highway around the perimeter of the project site to increase access to the marina and to free up coastal land for recreational and wetland use. The HCP, as discussed above, was designed to meet specific goals. A major goal , obviously, concerns the number of acres of wetlands to be restored. The Conservancy used as its planning goals the figure of 951 acres, based on the DFG determination. To make such a large dedication of lands pos- sible for the landowner, Conservancy is also proposing plan components that reduce deve 1 opment 'costs (compared to the County LUP) . These are discussed more fully in the following section. HCP COMPONENTS Wetlands Presently, the Bolsa Chica area is made up of a mosaic of periodically inundated ponds and a muted tidal habitat created by Fish and Game at the Eco- logical Reserve. As noted above and shown in Figure 2 and Table 2, the Conservancy is pro- posing the restoration and creation of 951 acres of wetlands on this site. These wetlands will be made up of: (1) 60 acres of intertidal habitat with cordgrass at outer Bolsa Bay (this habitat already exists and will be preserved in place) ; BOLSA CHICA HCP WETLAND HABITATS FIGURE 2 • INTI�lC11Dh►- �/.NNt� lrNp►�iN IZ.IrhR1NJ W!°'il.tJJD � . . . � � . • • � �C„��-..ram- �=' ��1�� � 6 a �= . . • %�C�.n�- ���.,,-ram 7=� d.`�__-='� r. f ! —A=' ah= _�=a�=L.. - _Z�_-...—____—a►=�mac-=— r — — uu--rtD�-w tl�wDS wTr-p-nPA -Wr-f ND WITH I51..6+,1DS AND CA^J4NCI� `TA 8LC 2 r _ STATE COASTAL CONSERVANCY PLAN �;A31TAT CC>>JSERy�1T1GrI pLt1ti BOLSA CHICA HABITAT CONSERVATION PLAN ACREAGE BY LAND USE JrjNL= ,� 19 ACREAGES Total Bolsa Lowland Seaward Hunt. Subtotal FLANDSE DESIGNATION Area Mesa Inland Total Beach Wetlands Mesa 1. 311 (3. 5-6. 5 D.U. /AC) 1. 4R (6. 5-18 D.U. /AC) 1.5R (18-28 D.U. /AC) Subtotal Residential 3�5.76 168 51 62, 9d 144 ,-31 COMMERCIAL 2. 0 Community Commercial Marina Commercial I Z.5,00 28,00 Subtotal Commercial ,00 OPEN SPACE 5. 0 Main Boat Channel 27, 46 Minor Boat Channel 'Z5,08 ' 25 .u8 I Sed. Basin and F.C . Channel 13 ,78 7,7 j G .. 09 13,78 Bolsa Mesa rr,[EN uSf 10E 13 ,43 0, 9 -- ,6 3 i-�3 �43 Outer Bolsa Bay 59,OG ;y E6 5-') .8G Central Wetland [77, 00 , °J3 8-39. 3)3 939 ,93 Subtotal Open Space ,5¢ 2, O5 RECREATION 5. 1 Linear Park 77, 90 b9 Go Marina ,00 7. 74 3e>, 26 Warner Garfield Coll. Subtotal Recreation ,00 NATURAL RESOURCES 5.2 Consol. Farm Ioj dO Iy,oO i9.00 Subtotal Natural Resources t,9,00 ROADS 601120 1912 S 37, 90 2,50 TOTALS V d �7 p 1 I i OL- -GL G •��� �ICC' i 1 • 7 • (2) a riparian wetland corridor on Bolsa Mesa of 10 acres including southern California riparian trees and shrubs and brackish water marsh in a low swale, extending through a 3-acre intertidal channel link to the central wetland--total area of 13 acres; (3) a 14 acre intertidal channel and basin, also with flood and sediment control functions, in the northern corner of the site; (4) a 5-acre brackish water marsh created on an alluvial delta in the Linear Park; (5) a central wetland of 840 acres divided between: a) a "muted tidal" (reduced tidal range) wetlands of 400 acres in the area- of oil operations, which also contains 50-80 acres of shallow, brackish water ponds and a variable acreage of salt ponds (circulation in this area will be provided by a combina- tion of tide gates and pumps); and b) about 458 acres of low intertidal bay containing a large number of islands reaching above high tide, a subtidal channel to pro- vide drainage and several subtidal ponds to provide fish refugi a. Nonwetland Environmentally Sensitive Habitats (ESH) DFG identified about 88 acres of ESH at Bolsa Chica made up of coastal dunes, a eucalyptus grove, an artificial vernal pond and coastal scrub/shrub. The HCP proposes preserving the coastal dunes in place (in the present Ecolo- gical Reserve), transferring the eucalyptus grove and coastal scrub/shrub to the Linear Park from their locations on, respectively, the Bolsa Mesa and Rab- bit Island. The 2-acre pond will be established within the residential area with appropriate setbacks 'as a part of the development's open space require- ment. Ocean Entrance, Marina, and Boat Channels The HCP shows a navigable ocean entrance with a cut through the State Beach about midway through the project site. The entrance consists of two jetties extending to -12 mllw which provide channel depths of 8 to 12 feet at mean low water (10 to 14 feet at an average tide) . The entrance is designed to meet criteria agreed to by all the HCP parties which are: (1) The entrance shall be navigable, i.e.; at least 8 feet deep at mean low water, with the width dependent on boat use (between 400 and 600 feet at surface) ; (2) The entrance shall protect and maintain existing beaches and not increase down or upcoast erosion; 8 (3) The entrance shall be designed so as to allow an operator to accept responsibility within accepted liabilty parameters; (4) The entrance shall minimize operation and maintenance costs and max- imize capital cost-effectiveness; and (5) The entrance shall have no adverse effects on the wetlands. This entrance is preferred by Conservancy staff over other entrances due to its low cost and beach protection capacity. However, the specific design of the ocean entrance will be a part of the Corps of Engineers planning study which shall also use the above-mentioned criteria to determine the most feasible entrance. This entrance is linked by a 7-acre turning basin and 400-foot-wide boat- ing channel to a 1000-slip public marina. The marina also contains various landslide improvements (parking, restrooms, landscaping, Harbor Master's office) . Adjacent to the marina is a 25-acre marina commercial area which can accommodate one 150-room motel, four free-standing restaurants, 100,000 square feet of retail uses and 7 acres for a potential 400-room hotel . The amount of marina commercial space is designed to provide revenues adequate to help support the operation of the public marina. The size of the marina is, in turn, keyed to the cost of the ocean entrance. Roads and Bridges The HCP contains a rerouting of Pacific Coast Highway around the peri- meter of the project. This includes a culvert bridge with tide gates over Outer Bolsa Bay and at-grade culvert bridges over the Bolsa Mesa riparian cor- ridor and the flood channel . Arterial connections are made with Warner Avenue, Bolsa Chica Avenue, Springdale Street and Garfield Avenue. The reroute avoids the necessity for an expensive bridge over the ocean entrance, frees up 20 acres of land at the beach, and relieves traffic conges- tion at the beach. In addition, the reroute creates the potential for a large amount of waterfront homes with private slips and serves to create a focus for the entire region, rather than another strip development. The HCP contains, as a contingency plan, provision for no reroute of PCH (Figure 3) . In this case, cross-Gap traffic would be handled through a Warner-Garfield connector, and there would be a 25-foot high bridge at the ocean entrance similar to the bridges at Anaheim and Upper Newport Bay and a culvert, at grade bridge over outer Bolsa Bay. Other Public Facilities The HCP contains a 77-acre linear park connecting central Huntington Beach parks and the beach. The park contains pedestrian and equestrian trails and about 20 acres of eucalyptus groves. These groves are part of the nonwet- FLOOD ONTROL CHANNEL BOA &SEDIMENT BASIN 7 �,�, • 7 f AREA BOW'ID�Y L RESIDENTIAL CA FIELD / GARFIELD CONNECTOR / A ENUE WARNER- % r ORIBN'TBD FtESIDe �'L' ,} IR RESIDEPITtAI `T��I �� iN6—"OA�CN BOLSA CHICA LINEAR REGIONAL PARK CENTRAL WETLAND MARINA/COMMERCIAL AREA RESIDENTIAL rr TURNING BASIN O � MAJOR BOAT CHANNEL /'l ��� L PACIFIC COAST HIGHWAY NATLRAL RESOULCES PACIFIC COAST HIGHWAY \ BOLSA CHICA STATE BEACH BOLSA CHICA STATE BEACH OUTER BOLSA BAY NON-NAVIGABLE OCEAN ENTRANCE : ALTERNATIVE 1A HABITAT CONSERVATION PLAN STATE COASTAL CONSERVANCY PREPARED BYs SANTINA & THOMPSON, INC. 1 1.J1 V-¢. � NORTH 9 land environmentally sensitive habitats identified by Fish and Game. Pre- sently, they are found on the opposite Bolsa Mesa bluffs, but they will be transplanted across the Gap to this Linear Park location. The HCP also contains provisions for flood and sediment control in a channel and basin arrangement near the northern corner of the site. These components are relatively shallow, mostly intertidal, and are designed to both function as wetland and accept flood flows to the site. Residential Development The HCP provides for about 400 acres of residential development as depicted in Figure 1. Table 2 indicates how this acreage is allocated among subareas of Bolsa Chica--the mesa, the inland portion of the gap, and seaward of the PCH reroute where it can most readily be developed for waterfront hous- ing. The configuration of residential acreage around the central wetland is illustrative only; the precise residential perimeter is left to local determi- nations as is the specific mix of housing types and allowable density ranges. SUMMARY The Conservancy staff is especially concerned that this plan work, i.e. , that the components are not only cost-effective but that they interact posi- tively. Accordingly, this plan is designed to promote a sense of focus in the region. The Pacific Coast Highway reroute channels traffic around both the marsh and the marina, providing spacious views and relieving congestion at the beach. The marina is almost adjacent to the ocean entrance, creating the possibility of a world-class harbor with no impediments to sailing-vessel size. The marina commercial looks over the marina, maximizing amenity and revenue-producing views. The developable areas and the marsh are clearly separated in order to minimize intrusion, but the wetland is also designed to provide an appealing landscape for both public and private development. On a regional scale, this development could provide a center for much south coast land use. To a large extent, present coastal lands are closed off from public access due to the prevalence of strip development. The HCP plan promotes a single development center, focused on the marina, marina commercial and beach. The access network promotes movement to this center but not through it, creating the ability to move freely throughout the area by car, boat or other means. The combination of all these components together works to create one space with many uses. 1 • 10 HABITAT CONSERVATION PLAN STAFF REPORT 11 HABITAT CONSERVATION PLAN STAFF REPORT SITE DESCRIPTION The Bolsa Chica study area is located in northeastern Orange County and occupies about 1600 acres of unincorporated land surrounded by developed portions of the City of Huntington Beach and the Bolsa Chica State Beach. (Exhibits 1 and 2) . The study area consists of two mesas totaling about 300 acres, on the northeast and southeast borders (respectively Bolsa Chica and Huntington Beach mesas) and a 1300-acre lowland in the center, often referred to as the Bolsa Chica Gap. The mesas and attendant bluffs are essentially undeveloped while the lowland is the site of an active oil field operated under long-term leases by Aminoil and Chevron (Exhibit 3) . Landownership is split among five different entities, with the largest amount of land owned by Signal Landmark Inc. (Exhibit 4) . The acreage of wetlands and other environmentally sensitive habitats in the study area varies depending on the source used. The State Department of Fish and Game, in their June 1981 report, "-The Environmentally Sensitive Habi- tats of Bolsa Chica" identified the following habitats: (1) Wetlands non degraded 166 acres degraded but viably functioning 686 acres historic and no longer functioning but feasibly restorable 440 acres Total 1292 acres (2) Non wetland environmentally sensitive habitat (ESH) Eucalyptus grove raptor habitat) acres Coastal dunes 14 acres Rabbit Island (Coastal shrubs) 51 acres Vernal ponds 2 acres Total 88 acres These habitats are scattered throughout the site, although concentrated in the lowlands. In addition, the endangered Belding's savannah sparrow and the light-footed clapper rail nest on the site and the endangered least tern feeds in the study area waters. SITE HISTORY Prior to the 1870's, the Bolsa Chica Gap was a large coastal estuary, one of a chain of such wetlands in Los Angeles and Orange Counties (Exhibit 5) . 12 • It is likely that the wetland was a diverse array of habitats including fresh, brackish and saltwater wetlands. The total area affected by daily tides (called the tidal prism) was large enough to keep permanently open a large outlet to the ocean. The adjacent Anaheim Bay wetlands, which were slightly smaller, had a similar outlet through which ocean going vessels passed. By 1921, the Bolsa outlet had closed off, due to the construction of tide gates near the outlet and the creation of a connection to Anaheim Bay. These modifications created large areas of managed, brackish water ponds in the Gap which benefitted duckhunting but which greatly reduced the area of tidal (marine) habitat. By 1950, much of the study area had been criss-crossed by oil roads and dotted with oil pads and other energy facilities. These developments created a mosaic of ponds with saline bottoms, cut off for the most part from tidal flows but containing enough water during winter for large numbers of shore- birds and other water-associated birds. PLANNING HISTORY In 1973, a Settlement Agreement was reached between the State and Signal (which had purchased its holdings in 1970) as to the extent of State-owned lands relative' to public trust claims at Bolsa Chica. Among other things, the Agreement resulted in: 1. The State receiving fee title to 327.5 acres along the Pacific Coast Highway; 2. The right of the State to lease 230 acres adjacent to the Reserve for 14 years (until 1987) for a nominal fee. These 230 acres would become State fee lands if an ocean entrance system were constructed within the 14 year lease period; and 3. Signal was confirmed in fee ownership of their remaining acreage at Bolsa Chica and any public trust easements for this area terminated. Exhibit 6 contains a more complete description of the Settlement Agreement. In 1978, Orange County formed the Bolsa Chica Study Group to facilitate the development of a local coastal plan for the area. 39 planning alternatives were submitted by this group to the County; nine of these were selected for consideration by the County Planning Commission and Board of Supervisors dur- ing public hearings between 1980 and 1982, with a final plan approved by the County for submission to the Coastal Commission in early 1982. This plan (Figure 4) calls for, among other things: (1) the restoration/protection of about 600+ acres of wetlands (including boating channels); (2) the creation of an 1800-slip public marina in the lowlands and 75-acre linear park along the Huntington Beach mesa; (3) 500 acres of residential development, of which about 141 acres would be waterfront residential with private slips; and (4) a "Marina del Rey" style ocean entrance. r� �MMFIMIGTOM CoMtAL►AID( ♦� ` ' % I• ram: LEGEND •• •: a ,. . r 1 I MED♦IR11 DENSITY RESIDENTIAL �, y ,� ,•` �� :, L ' ,1 1 us 7 I IYG"DENSITY RESIDENTIAL ° 1 a I tKAVY DENSITY RESIDENTIAL i.• JI.�/ IIIC I NEIMMORIIOOD COMMERCIAL tR'�a 1 ♦1� • IC', I OPEN SPACE,RECREATION ACCESS MARS"SYSTEM ~•• `ti t `� emu CHCAlfeAu' /�LCP SUBAREA BOUNDARY 61ttor"velm oMAC14 f �:\ Km"1PA1p1 L 2 7f t I ' '.• IN � I '\ ` ,.`,\.\�♦ •\ •\�♦ \; \ l t♦' `.\. 1,. ._'7' ! l ,mar ,.frr Vf51_j!�J SFOVM(1 . •\, •\; ;`y f �, MINTINGTON HAFW" ' Y �,v+•�'-......r-�.. _----• •,♦` • •♦.. .. •�Y3__:y,krl��-.•�..ur -ai' � wlwrys a 1 �rr♦�rY _Y p('ll WAIINFN AVfNW �A[�C fru4l NfNM'AY — llq'411111ANi1 9%SA COCA STAIF f1FAC11 ' N'11U1 l W N SOrwrf A �IGU1�� � rowwr+AntuAnAr_�� W tam 760 1=00 2260 � nrnnw•rr rrr xvnwA r {jam/ 4 L r .... .. .... NAVIGAOI E %A 0cFAt1 f:NlnANCE 13 In April of 1982, the Commission essentially rejected the LUP, indicating that it was deficient in the following areas: (1) The amount of wetlands to be restored (the Commission identified a 1018-acre restoration requirement without boating channels). (2) The protection of non-wetland environmentally sensitive habitat or ESN (the LUP includes no provisions for the 88 acres the Commission identified) . (3) Access (the LUP proposes a "nodal" system; the Commission would require continuous lateral access around any shorelines) . (4) Land uses (the Commission indicated that less water-oriented resi- dential and more visitor-serving uses were preferred) . (5) Specificity of the plan (the Commission felt the LUP put off basic land use decisions that should be dealt with in the LUP) . (6) Scenic resources, recreation and visitor-serving facilities, hazards, public works, archaeology, and the protection of energy facilities. The County subsequently withdrew the LUP and began work on a supplemental package to respond to the Coastal Commission concerns. During this time, there was widespread belief among a number of people that the issues raised by the Coastal Commission could not be resolved between the Commission and the County and that a new approach was needed. Accordingly, Senate Bill 429 was passed, allowing a local applicant to request the Department of Fish and Game and the Conservancy to attempt to resolve "fish and wildlife concerns" as they relate to development conflicts through the development of a Habitat Conserva- tion Plan (HCP) . Under the terms of SB 429, the Conservancy is responsible for developing "alternative land use plans" while the Department is respons- ible for "wetland determinations." The cost of preparing the HCP is borne by the local applicant. On October 1, 1983, Orange County requested the Depart- ment to formally prepare an HCP for the Bolsa Chica study area (Exhibit 7) . In December, 1983, the County resubmitted the LUP to the Coastal Commis- sion. The resubmittal does not alter the basic features of the plan as orig- inally proposed, but does include additional information and elaboration in respect to access, energy facilities, etc. It is hoped that sufficient agree- ment can be reached on the HCP that it could be submitted to the Coastal Com- mission in conjunction with hearings on the LUP (tentatively scheduled for later this summer) . Wetland Acreages: Rashomon Revisited Before reviewing the various wetland acreage figures, it must be remembered that, like Los Cerritos, the Bolsa Chica wetlands are scattered throughout the 1300-acre lowland. Development in the nonwetland portions of 14 the lowland without fill of some wetlands would be almost impossible. Normally, the oastal Act does not allow fill of wetlands for housing or marinas. However, Section 30411 of the Act states that, where the Department of Fish and Game determines that a wetland is so severely degraded that it requires major restoration, 25% of the wetland can be developed as marina or boating facilities (or housing according to Coastal Commission findings) as long as the remaining 75% are restored. The Department determined that there were 852 acres of presently-existing wetlands at Bolsa Chica, but that these acres were not so severely degraded as to require major restoration. DFG did determine tia 1000 acres of privately owned present and historic wetlands (the so-called "wetland system") at Bolsa are severely degraded and in need of major restoration but that the 268 7ate-owned wetland system was not so severely degraded. Accordingly, it may only be possible to apply Section 30411 of the Act, and the 75-25 split, to this 1000-acre wetland system. Following are the various acreage figures used by the various parties. (1) DFG: 1018 acres Senate ffi 9, which set up the HCP process, requires DFG to "identify wetland acres" at Bolsa. The Department provided the fol- lowing breakdown: 750 (75% of the 1000-acre privately-owned wetland system at Bolsa) 268 (100% of the 268-acre State-owned wetlands at Bolsa) =03$ (2) County of Orange: 621 acres e County has stated, in disagreement with DFG, that the 852 acres of present wetlands are severely degraded and in need of restora- tion: (852 acres) x 75% = 621 acres (3) U.S. Fish and Wildlife Service/Amigos de Bolsa Chica: 1292 acres Both the USFWS and the Amigos have stated tha e entire -acre "(all existing and historic wetlands) should be restored. (4) Signal Landmark Inc. : 453 acres Signal, basedon analysis by their consultant biologists, has iden- tified only 453 acres of wetlands at Bolsa. (5) Coastal Conservancy Staff: 951 acres e HCP au orizing egis a ion, as noted above, mandates that the wetlands determination by DFG be used. Conservancy staff accept that determination but disagree with DFG's post-determination for- mula, which excludes State-owned wetlands from the 75% guideline. Accordingly, Conservancy staff include the entire 1268-acre wetland system in its approach: (1268 acres) x 75% = 951 • 15 COMPARISON OF THE HCP AND THE LUP The major differences between the HCP as shown in the attached document and the LUP are in: (1) The number of acres of wetlands to be restored (the HCP has 951, the LUP 600) . (2) The rerouting of PCH around the project site's perimeter (the LUP maintains PCH in its present position along the beach) . (3) The public facility costs (the HCP will cost an estimated $56 to $82 million, the LUP $163 to $194 million) . These are shown graphically in Table 1, with the two plans shown in Figures 1 and 4, respectively. It is important to note, though, that the major issue that has held up approval of a land use plan for this area is the acreage of wetlands to be restored. As noted earlier, the County LUP proposal of 600 wetland acres has been considered deficient by the Coastal Commission, DFG, and US Fish and Wildlife Service. However, it must also be remembered that the present LUP already proposes a very high level of public services to be funded by the landowners. Accordingly, if a major goal of a consensus plan is to achieve a return to the developer comparable to that implicit in the LUP and dedicate more acres to wetlands, then this plan must also provide some relief to the developer from development costs. Wetland Restoration Restoration Goals As discussed above, the amount of wetlands to restore is an open issue: the HCP proposes 951, the LUP--sNows 600, and the Department of Fish and Game requires 1018. The type of wetlands to be restored has also been an issue but appears to be nearing resolution. Working with the various parties, Conser- vancy staff have developed a set of common goals to guide the wetland restora- tion: (1) high habitat diversity (2) low capital and operation costs i (3) compatible with public and private development, including present and future oil operations; and (4) high predictability of success. (5) protection and/or restoration of endangered species habitat. • 16 • The County originally proposed in the LUP the restoration of a tidal marsh similar to Anaheim or Upper Newport Bay based on advice from the State Resources Agency in 1973. The County then spent a considerable amount of time in designing such a wetland; in Conservancy staff's opinion, one of the more advanced restoration designs completed by any local jurisdiction in the State. This type of wetland would meet most of the above. goals. However, since 1973 our understanding of wetland restoration goals in this region has advanced considerably, partially based on the Conservancy's Los Angeles-Orange County Wetland Restoration study. That study and recent DFG analyses point out that, in L.A. and Orange Counties, there is a tremen- dous need for the restoration of tidal, muted tidal, and non-tidal (fresh or brackish water) wetlands. A "muted" tidal wetland is an area where the tidal range, usually around five feet daily, is reduced considerably by tide gates or other means. The tidal range at the DFG Ecological Reserve at Bolsa Chica, for example, is 18 inches. As it happens, the restoration of a tidal/muted tidal/non-tidal system at Bolsa Chica is both cheaper and more compatible with existing oil operations than a solely tidal system (see below for a more detailed account of oil oper- ations and their effect on wetland restoration) . Given the subsidence that has occurred at Bolsa, restoration of a strictly tidal system would require extensive sculpting of the lowland, estimated to cost at least $25,000 per acre, and might endanger oil operations through groundwater intrusion at the low elevation oil pads. The HCP-proposed wetlands (Figure 2) takes advantage of both subsidence and oil operations, though, by: (1) removing the present tide gates and letting natural tides establish tidal wetlands on about 460 acres in addition to outer Bolsa Bay. Some sculpting will take place to create islands, fish refugia, channels and a large berm to protect existing oil facilities. (2) creating a muted tidal habitat in the "cells" formed by the present oil roads. Tidal water will be let in through two tide gates and move through the cells from higher to lower ground. The water will then be pumped out into the tidal wetland. The presence of the cells also makes it possible to cut off all water flow in any one cell to allow evaporation to create a "salt pond," a habitat type requested by DFG. The cells also provide an opportunity to create non-tidal, brackish water wetlands with runoff from the Sea Cliff area adjacent to the Huntington Beach mesa. Oil Operations In light of world oil prices and the use of new secondary (and possibly tertiary) recovery techniques, it appears likely that oil extraction activi- ties will continue at Bolsa for quite some time, at least through the life of any development project. The oil wells themselves are clustered in two sec- tions of the lowlands commonly referred to as the North and South Fields (see Exhibit 3) . Under both the LUP and HCP, residential development would overlap with much of the North field, while the central wetland would encompass the I _ I 11 i entire South field operation. Accordingly, the major challenge that confronts wetland restoration at Bolsa is to find an economically feasible way to allow restoration to proceed in the near term yet still avoid conflict with the existing oil company leases. Aminoil USA representatives (the largest oil operator at Bolsa) agreed that the HCP proposed wetland was consistent with oil operations if the following two conditions could be met: (1) water levels in the cells are not to exceed their present levels, i .e. , -1.5 ft. msl (the HCP proposes moving more water through these cells to improve circulation and retention time but does plan to keep water levels at their present heights, optimal for many spe- cies' use) ; and (2) development of a joint DFG/Aminoil management agreement, possibly similar to the present agreement between DFG, Signal and Aminoil and which would include allowances for: (a) periodic drying of cells to allow oil facility maintenance (the HCP assumes several cells will be committed to dry salt pan habitats, which could be "rotated" through the total number of cells in accord with Aminoil 's maintenance schedule) ; and (b) the designation for planning purposes of the oil operation/ wetland area as "petroleum reserve" with the understanding that this area will be included within the Ecological Reserve when oil operations cease. Aminoil would still be responsible for all cleanup of any oil spills in the area and subject to all existing rules and regulations. Phasing An important part of any wetland restoration project at Bolsa Chica is the phasing of its development, which in turn will depend on the type of ocean entrance constructed. As discussed below, the HCP provides for a navigable ocean entrance, with a stated preference for a relatively low cost, self- maintaining one if it should prove to be feasible. This type of entrance requires a large enough tidal prism (about 500 acres) to power the Conservancy-preferred self-maintaining ocean entrance. The first phase of the HCP wetland restoration consists of the construction of a berm to provide the requisite 500 acres of full tidal wetlands (Exhibit 8) and to protect exist- ing oil facilities. This first phase includes portions of the present DFG Ecological Reserve but does not require consolidation of any existing oil wells.The second phase of the restoration, which could occur concurrently with the first phase, includes the development of the muted and nontidal wetlands by the extension of the Phase 1 berm around the inland edge of the oil area (shown in Exhibit 8 as the "Phase II berm"). Later phases would then include: development of the most inland portion as either muted, tidal or nontidal wetlands; possible recreation of a muted tidal area adjacent to PCH in the present Reserve or other measures as desired by DFG. 18 • SUMMARY As noted above, the LUP-proposed wetlands do meet most of the agreed-upon criteria and would certainly result in highly productive wetlands. However, the wetlands envisioned in the HCP are less expensive ($5.5 million versus about $29 million) and do provide more habitat diversity. Therefore, the HCP proposal is preferred. ARTERIAL ROADS AND BRIDGES The second major difference between the HCP and the LUP is in the traffic network. However, this difference is not irresolvable. Most parties involved at Bolsa have agreed on certain goals. First, that major improvements must be made in regional and local traffic connections. Presently, Bolsa Chica exists as a kind of "white hole" in the regional trans- portation network. Second, these parties also agree that some form of "cross- Gap" connector is necessary to channel traffic through the lowland. Finally, there has also been recent agreement that it would be useful to locate this cross-Gap connector as far inland as possible to maximize the potential acre- age of waterfront housing with boat slips. (Houses on the inland side of the connector are assumed to have no boating access as it would be too expensive to provide needed bridges.) An open issue, however, is how close to existing housing this connector should be located, due to noise and traffic impacts. The Conservancy is proposing a reroute of PCH to meet the above goals. Besides eliminating the need for a major bridge at the ocean entrance (costing between $16 and $30 million), the reroute will: (1) free up almost 20 acres of land under the present PCH for other uses such as wetlands, beach recreation, parking or public boat launch- ing; (2) reduce conflict between the wetlands and PCH due to noise, odors and other factors (PCH would be downwind with the reroute) ; (3) eliminate high-speed traffic along one of the most heavily used beaches in the State; (4) create a focus around a visitor-serving facility (the marina commer- cial area) which can be tied directly into beach and marina use, thereby developing what could become a major center for Orange County tourism; (5) enhance the value of both the marina and the waterfront homes by creating a potential "world-class" harbor with no restrictions on boat size; and (6) eliminate the need for loss of beach or wetland for the planned widening of PCH in its present location. 19 The PCH reroute does have drawbacks. The County considered such a plan but rejected it at the time of the last gas crisis, due to increased travel length (about 0.9 mile) . The reroute would also provide a convenient link between northwestern and central Huntington Beach and raise the spectre of 50-60,000 cars per day on this stretch. Finally, the reroute could be perceived as a major disamenity by adjancent neighborhoods. Parsons-Brinkerhoff, Inc. , traffic consultants to the County and the City of Huntington Beach, have recently analyzed the Conservancy reroute option. Their analysis (Exhibit 9) shows that the reroute could create the above- mentioned traffic volumes but that this and most other impacts could be miti- gated by a minor frontage road. Noise impacts on adjacent homes would not be reduced by additional roadwork but would be a matter of specific design. The desirabilitly of the PCH reroute and its specific alignment remains an open question among the various parties. From the Conservancy staff's perspective the reroute's overall recreational, development and environmental benefits outweigh the potential mitigatable traffic impacts. However, given that the reroute might not prove feasible, Conservancy staff proposes a contingency plan that does not involve a PCH reroute (Figure 3) . Other alignments are also possible and may be proposed by other parties, such as the City of Huntington Beach. OCEAN ENTRANCE The construction of a new ocean entrance at Bolsa Chica has been one of the more controversial items. Early in the HCP process, the Conservancy staff analyzed the possibility of completing a wetland restoration project at Bolsa without a new ocean entrance. However, a hydrodynamic analysis completed by ram. PF Tl Williams, a Conservancy consultant, indicated that current speeds at Huntington Harbor would be increased 3 to 4 times by the additional tidewaters moving out through the Harbor. As a number of complaints had already been registered from Harbor residents as to present current speeds, the possibility of creating a large wetland at Bolsa without a new entrance was eliminated. Working with Dr. Williams and several other consultants, including San- tina and Thompson (marina engineers), the Conservancy developed an ocean entrance design based on the potential power of a restored wetland at Bolsa Chica. Staff found that, if such a wetland were at least 500 acres in size and also had 120-150 contiguous acres of boating channels and marina basins, a permanent ocean entrance at least 450 feet wide could be established (see Appendix B for a more detailed description) . The ocean entrance would consist of two jetties to -12 msl and the dredging of a channel through the beach. The mouth would then be kept open by the ebbf 1 ow tides which would push lit- toral sand back out into the ocean (see Figure 5) . The "429" interests (those groups specified in SB 429 to develop the HCP) also agreed that the actual design of the ocean entrance shall be left to the U.S. Army Corps of Engineers (COE) with the understanding that the following criteria shall be employed in the design: Philip Williams&Associate • Boy , Bay Shoal =JIM \� 1 W Fbb --- Go9r e 000, .-�- Of 011ter Seo Typical barrier beach tidal inlet. From Escoffier 1977'- ' • 20 • (1) The entrance shall be navigable, i.e. ; at least 8 feet deep at mean low water, with the width dependent on boat use (between 400 and 600 feet at surface) ; (2) The entrance shall protect and maintain existing beaches and not increase down or upcoast erosion; (3) The entrance shall be designed so as to allow an operator to accept responsibility within accepted liabilty parameters; (4) The entrance shall minimize operation and maintenance costs and max- imize capital cost-effectiveness; and (5) The entrance shall have no adverse effects on the wetlands. Using all of these criteria, the .preferred option would probably be the routing of Bolsa boat traffic through Huntington Harbor. A non-navigable entrance, closed to boat traffic, would be constructed at Bolsa to provide adequate tidal flushing of boat channels and wetlands. Staff is not recommending this entrance, however, due to the increased boat traffic through Huntington Harbor, the possible, though unspecified, revenue losses to the public marina and private housing sales at Bolsa, and the goal, as expressed in the LUP, of providing boating access to the ocean at Bolsa. Staff prefers that the HCP include a self-maintaining entrance with channel depths at -12 mllw as the best entrance to meet the criteria jointly agreed upon. This entrance is not as deep as many other entrances in southern California (see Appendix C for more information) , but it is relatively inexpensive and does protect up and down coast beaches from erosion. This is the preferred entrance, subject to COE evaluation using the above criteria. Two other, more expensive, entrances are also possible. The first con- sists of two jetties extending to -18 mllw. This entrance, proposed by Pro- fessor Joe Johnson (see Exhibit 10) , would provide average channel depths com- parable to other southern California entrances. Littoral drift would be interrupted but Dr. Johnson feels it has been significantly over-estimated for this area and may not be a problem. The other possibility is the entrance proposed in the LUP. This entrance is similar to that proposed by Dr. Johnson but has an added breakwater at -24 mllw. The breakwater reduces the possibility of storm waves entering the harbor and, as designed by Signal 's engineering consultant, Jack Nichols, also creates a calm water area on the upcoast beach for dredging of sand deposits for transferral to the downcoast beach (similar to the sand bypass system presently in use at Channel Islands Harbor). • 21 All participants in the HCP process wish to develop a plan approvable by the various regulatory agencies. It will be very difficult for any agency to approve a plan without specific understanding of what is proposed, including the proposed financing. As Corps funding, the normal source, is supposedly unavailable, Conservancy staff is recommending that the lower cost, self- maintaining entrance be included within the HCP with the understanding that this entrance is preferred unless the Corps states that this entrance is not within the range of entrances approvable by the Corps. If the Corps makes such a finding, the preferred entrance, whatever it is, must still meet the criteria agreed upon as discussed above. As noted above, the HCP may not be as navigable as that proposed in the LUP, but if Corps funding is not avail- able, it may be the most feasible entrance due to its low cost and beach main- tenance aspect. Public Marina and Boating Most parties involved at Bolsa have agreed on the need for a public marina and the provision of recreational boating in the land use plan. Con- servancy staff have also agreed with the County and Signal that a logical location for the marina is the lowland area near the ocean entrance. Two open issues remaining, though, are the size of the marina and the widths of the boating channels. Staffs have agreed that the size of the public marina is a function of the benefits nee3ed to create a positive benefit/cost ratio for the construction of the ocean entrance, assuming Corps of Engineers grant funding is used.* At the same time, boating channel widths are agreed to be dependent on the number of boats using them plus -some unspecified increment to create added recreational benefits (room to tack for small sailboats) . The HCP proposes a 1000-slip marina, a main boating channel from the marina to the entrance averaging 350-feet wide, a turning basin 700 feet in diameter at the entrance, a minor boating channel 150-feet wide adjacent to the waterfront homes, and a public boat launching ramp on the State Beach at the turning basin. The choice of 1000 slips is based on Conservancy staff's preliminary B/C analysis, using the Conservancy-preferred ocean entrance. The channel widths shown are primarily for through boating rather than expanded recreational use, though a turning basin of over 8 acres is provided for strictly recreational use. The LUP contains an 1800-slip marina, similar width turning basin and main boating channel but a 300-foot-wide channel adjacent to the waterfront residences. The need for an 1800-slip marina is based on the greater cost of the LUP ocean entrance ($60.3 to $71 million) compared to the HCP and the con- *Assuming Corps financing is available, the Corps will develop a benefit/cost (B/C) analysis of the project. If the B/C ratio is positive, the project is eligible for funding. A large part of the benefits side of the ratio is the amount of public boating proposed. Therefore, a large number of public slips can offset a higher cost project. 22 • commitant need for a positive Corps B/C Ratio. The wider waterfront home channel also provides some additional recreational boating opportunities for sailors not wishing to enter the ocean. Marina Commercial Most parties involved at Bolsa have agreed that, if a public marina is to be built, a commercial area adjacent is necessary to provide revenues for financing the marina upkeep.* The Coastal Act also mandates visitor-serving commercial facilities at the coast to accommodate public use. As with the public marina, the major difference between the HCP and LUP is the size of this area. The HCP, with its smaller marina, contains somewhat less commercial acreage (25 acres) than the LUP (38 acres) . However, the HCP acreage can accommodate all the visitor-serving, commercial facilities found in the LUP except for the LUP's contingency reserve area. Conceptually, it is probable, though, that all parties could agree that the final marina commercial acreage would be based on the amount of activity necessary to support the marina. Nonwetland Environmentally Sensitive Habitat (ESH) DFG has identified the following ESH at Bolsa: Habitat Acreage Location Eucalyptus tree 21 Bolsa Mesa and adjacent lowlands Coastal dunes 14 Ecological Reserve Coastal Shrub 51 Rabbit Island Vernal pond 2 Bolsa Mesa DFG has requested that these habitats be either preserved in place or restored in suitable areas on-site. The HCP proposes: 1. moving the eucalyptus trees and coastal shurb to the bluff area of the Linear Park to recreate a "coastal bluff" type of habitat. This area will be directly adjacent to the wetland, although separated by PCH. Bird movement should not be impeded by the road but culverts will be provided to ensure adequate corridors for other wildlife movement between the wetland and the ESH. 2. The coastal dune area will be preserved in place. *Few marinas actually pay for their full annual operation and maintenance costs. However, a marina location creates a potential for high revenue commercial activities. Normally, the leases for these commercial sites specify that some part of this revenue will be channeled into marina operation. . � 23 • 3. The vernal pond (an artificial construction) will be recreated within the residential acreage with suitable buffer. The LUP contains no provisions presently for either restoration or protection of the ESH. Flood Channel Improvements Wintersburg Flood Control Channel provides the primary means of flood protection for Bolsa and adjacent areas. Extensive analysis by the County has shown that this channel is undersized to protect any lowland development at Bolsa and should be expanded. The HCP proposes to accomplish this through an expansion of the channel with the addition of a 10 to 12 acre sedimentation .basin where Wintersburg enters the study area. Based on previous Conservancy experience with this type of project (Palo Alto Baylands, Carpinteria Estero), it would be possible to design the channel and basin to function as a wetland. The LUP originally proposed an expanded Wintersburg Channel which would flow between the marina and the visitor-serving area. This option is apparently being rethought, however, in light of the very high cost. It seems likely, based on recent conversations, that the final LUP proposal would be much like the HCP flood .improvements. Linear Park The LUP has proposed a linear park along the Huntington Beach mesa and bluff face to connect the State Beach with a reginal park in the interior. The HCP proposes the same park but is including within that park most of the nonwetland environmentally sensitive habitat (ESH) requiring protection, about 60 acres as discussed earlier. This is not inconsistent with the LUP since the bluff face where most of the ESH is to be created is hazardous for access. However, the present LUP does not designate any lands for protection of the ESN; the HCP proposal simply helps to resolve this issue without creating a loss of developable acreage. Residential Development Almost any plan prepared to date by any of the various parties shows a substantial amount of residential development in the Bolsa area. There is also substantive agreement on the nature of the development: it should provide a mix of densities; it should include low and moderate income housing opportunities; and, along the perimeter, it should be compatible with existing residential development. It is also recognized that existing and future oil operations will have a major effect on the specific design and the permiters of the housing in the lowland. The HCP and the LUP are very similar in their response to these criteria. The HCP includes less acreage of housing overall (396 vs. 502 acres) but about the same acreage of waterfront housing with private slips (144 in the HCP, 141 in the LUP) . The WCP financial analysis used LUP densities for comparative I 24 analysis the NCP itself does to specify densities, leaving this to local jurisdictions. Both plans also show the waterfront perimeter along the edge of the north Bolsa oil field to accommodate future oil wells and lines. The HCP residential edge curves inland to accommodate the needed wetland acreage compared to the LUP and does not include any housing adjacent to the linear park, but the actual perimeter is subject to further design and can be considered flexible at this time. It is likely that the actual edge would be more undulating to provide greater wetland view potential . FINANCIAL ANALYSIS AND RESULTS Summary Cost Comparison The LUP, as approved by the County Board of Supervisors in 1981, represents a financially feasible plan in ' the landowner's eyes, and provides the logical benchmark for assessing the acceptability of the HCP.* The burden of proof on the HCP process is to demonstrate how a plan, with significantly more wetland acreage than the LUP, and some reduction in development acreage, compares financially to the LUP--particularly in respect to its ability to support the range of public benefits provided by the LUP. As discussed above, the HCP hopes to accomplish this primarily through achieving major cost savings in the project's capital budget for public facilities. Since the Conservancy's April workshop, Conservancy staff and consultants to Signal and the County have made considerable progress in agreeing on a reasonable set of cost estimates for comparing the LUP with the HCP. Table 3 gives a summary comparison of the cost estimates used in the staff's analysis. However, as unresolved cost issues still remain within each plan, the finan- cial analysis was done on the basis of two sets of cost estimates for both the LUP and the HCP: 1. LUP Low Cost Estimate. This is the cost estimate for the LUP pro- vided y Signal 's consultants. The budget includes $24.3 million for a T-bridge over the ocean entrance and outer Bolsa Bay with bermed approaches up to 45 feet in height. 2. LUP High Cost Estimate. The primary differences between this esti- mate and the LUP Low estimate are as follows: the substitution of an open structure for a fully bermed approach to the T-Bride (an $11 million increase), a larger allowance for wetland restoration which Conservancy staff feels is still modest if the LUP's concept of a i *It is recognized by all parties that the LUP has been evolving since 1981 and will continue to undergo further refinement through the specific plan stage. In this process, certain elements (e.g. flood control) may be modified in ways that would reduce their cost. But the presumption is that any such cost savings would have the effect of making an already feasible plan even more feasible. I 25 • TABLE 3 COST COMPARISON SPECIAL PUBLIC FACILITIES BOLSA CHICA LUP AND HCP (In Millions of $) LUP HCP COST ITEM Low Highow Marina $ 34.4 $ 34.4 $ 16.2 $ 17.4 Ocean Accessa 60.3 71.3 12.2 38.9 Huntington Harbor Connectb 18.1 18.2 -- -- Flood Control 5.2 6.5 1.4 1.4 Wetland Restoration 21.7 28.5 5.5 3.0 Linear Park 2.1 2.1 2.1 2.1 Arterial Roads 16.0 16.0 15.6 15.6 Arterial Bridgesc 5.0 16.8 3.3 3.3 TOTAL $162.8 $193.8 $ 56.3 $ 81.7 Total Without Huntington Harbor Connection 144.7 175.6 56.3 81.1 NOTES: (a) The ocean access figures in Table 3 include the ocean entrance itself, the PCH bridge (LUP only) turning basin and main boating channels, and state beach improvements. (b) The Huntington Harbor Connection figures include all the costs asso- ciated with providing a boating link between Huntington Harbor and an ocean entrance at Bolsa, and include (in addition to channel costs) the incremental cost for widening the ocean entrance and PCH bridge to accommodate added boat traffic, a bridge over outer Bolsa Bay, demoli - tion costs for the existing Warner Avenue Bridge, and channel costs. (c) The Arterial Bridge figures include bridges over internal traffic arteries (e.g. over the flood control channel) that are unrelated to recreational boating. The LUP flood control estimates include bridge costs for linking the marina and visitor service commercial area over the flood control channel . 26 • fully tidal wetland were to be implemented, and the inclusion of the full cost for arterial bridges (adjusted for inflation) as shown in the official Phase I Bolsa Chica Public Facilities Management and Financial Plan.* 3. HCP Low Cost Estimate. This estimate reflects the following major cost savings compared with the LUP: the reduction in marina size, a relatively low cost ocean entrance (subject to confirmation of feasi- bility by COE) , deletion of the Huntington Harbor connection to preserve the high habitat values in outer Bolsa Bay, a shorter flood control channel , a lower cost approach to wetland restoration/oil well protection (i .e. substitution of a mixed tidal , muted and nontidal wetland for the more costly, full tidal wetland envisaged by the LUP), and the deletion of the PCH bridge and other arterial bridges by the reroute of PCH and realinement of the cross-gap connector. 4. HCP High Cost Estimate. The figures in this column represent the costs agreed to for the HCP by Signal consultants with the possible exception of the wetland restoration figure. The only major change from the low HCP cost estimate is the assumption that an ocean entrance comparable to the LUP's (jetties to -20 MSL and a break- water) will prove essential to provide a workable ocean entrance. The lower wetland cost reflects the deletion of a Phase I berm which becomes unnecessary if an LUP style ocean entrance is constructed. In sum, it seems evident that the HCP should reduce the project's budget for special public facilities by at least 50% in comparison to the LUP as initially approved. ECONOMICS OF PRIVATE RESIDENTIAL DEVELOPMENT Table 4 summarizes the results of the Conservancy staff's financial anal- ysis of the HCP Alternatives and the LUP, regarding the economics of residential development at Bolsa Chica. The following paragraphs describe each line of Table 4. Line I. Total Revenues. This is the estimated gross revenues from home sales including allowance for the 25% affordable housing requirement imposed by the LUP. The figures reflect the mix among density types assumed in the LUP, with other key assumptions (density per acre, home prices, acreage netted out for boat channel) either based on the, Fiscal Impact Report or provided by Signal consultants. *Exhibit 5 of the Phase I Plan. Consultants to Signal believe that nearly 12 million of the $16.8 arterial bridge costs reflects elements that were mistakenly included in the Phase I cost estimates. • 27 • TABLE 4 SUMMARY RESULTS: RESIDENTIAL FINANCIAL ANALYSIS ( In Millions of $) HCP LUP COST ITEM Low High Low High 1. Total Revenues $767 $767 $954 $954 LESS 2. Net Public Costs Supported 35 59 106 137 By Residential Development 3. Unit Development Costs @ 65% 498 498 620 620 4. Margin for Land and Profit 234 210 228 197 5. Margin as % of Revenues 31% 27% 24% 21% 6. Public Costs as % of Revenues 5% 8% 11% 14% • 28 • Line 2. Net Public Facility Costs Supported by Residential Development. This is an estimate of the ' net funds" for special public facilities at Bolsa that would have to be supported directly by the residential development--either through revenue bonds, special assessment bonds or developer impact fees. The figures given equal the total esti- mated special public facilities costs (Table 3) less those costs that are assumed to be borne by outside sources.* Here we should note: ° the analysis assumes that the Huntington Harbor boat connection would be built only if Huntington Harbor residents assess them- selves or some outside funding source materializes; ° that the marina (the basins and immediated land support area) will not be subsidized by residential development; ° that the County contribution will be limited to the $1 million budgeted for the linear park (per Orange County Board of Supervi - sors Resolution); and that the State will bear the wetland costs required strictly for oilwell protection (primarily berming around the South field) but restoration costs incurred primarily for aesthetic purposes would be born by the development. In the absence of any available grant funding for other costs in the foreseeable future (e.g. the ocean entrance) it is assumed that these costs will be borne by the private development. As can be seen in Table 3, the estimated net public costs borne by the project under the High Cost HCP are about 40-50% those estimated for the LUP; assuming the low cost HCP, the costs are less than one third of the LUP estimates. Line 3. Unit Development Cost. This is a typical allowance for home con- struction costs and routine on and off-site improvements (sewer, water, local streets, etc.) and construction financing. The 65% figure used here is for illustrative purposes and is based on examin- ing a number of other proformas for large scale development. Line 4. Margin for Land and Profit. Line 1 less the sum of lines 2 and 3. This is the rest ua tat would be avilable both as a return to the landowner and as profit to whomever should ultimately develop the property and construct and market the housing units. Line 5. Margin as Percent of Revenues. Line 4 divided by Line 1. Although e dollar amounts inLine may seem large, the percentage figures in line 5 suggest that the economic feasibility of both the HCP and the LUP may be marginal without the availability of some outside funding for major cost elements such as the ocean entrance and the PCH bridge. However, the results do confirm the feasibility of the HCP relative to the LUP. * This assumption is based on currently available financing from government agencies and other sources. A • • 29 Line 6. Public Costs as Percent of Revenues. This line measures the special public facility costs (Line--as a percent of total residential revenues. As can be seen, the cost burden for the HCP, under both the low and high cost assumptions, is less than the estimate for the LUP. IN SUM: The above results suggest that a plan incorporating the basic HCP concepts could provide a 951 acre wetland and still meet the devel- oper's basic economic requirements. In particular, it would do three things: (1) It would provide the developer with an economic return comparable to what he/she could realize under the LUP, and perhaps even better. (2) It would offer a more workable relationship between costs and i revenues, thereby increasing the feasibility of paying for the special public facilities envisaged for Bolsa Chica--including both extensive, attractive wetland restoration and a major recreational boating facility. (3) By greatly reducing the upfront costs of development, it should reduce the developer's financial risk and exposure in carrying out the development. Financial Feasibility of Marina Table 5 summarizes the results of staff's analysis of the financial feasibility of a major public marina at Bolsa Chica. The financial analysis assumes the availability of low cost loans for marina development which would be repaid with net income from marina improvements and lease-payments from visitor serving facilities. As can be seen from Table 5, the marina appears somewhat more feasible under the HCP scenario when contrasted with the'LUP. Line 1 of Table 5 gives the net revenues available for debt service after netting out a 10% allowance for adminstration costs. Line 2 gives the annual payment on the marina loan. Under both plans, net revenues are sufficient to cover loan payments with some surplus available to cover other operation and maintenance expense--about $300,000 for the LUP and $1.1 million for the HCP. This result is largely explained by the fact that HCP retains the same visitor serving uses as the LUP, but they support a smaller, and hence, less costly facility. Here it should be noted that the Conservancy's financial analysis has focused primarily on the capital costs for public facilities at Bolsa. The Phase I Report contains a rougFi estimate of $1 million per year for dredging expense and harbor patrol operations could cost in excess of $500,000 annually. If annual costs of this magnitude have to be supported entirely by the marina, it is unclear whether such a facility, under either the HCP or LUP plan, could repay its capital debt without some public subsidy. Reportedly, a financial analysis of the Dana Point marina now being pre- pared for the Orange County Board of Supervisors will indicate that, contrary 30 • TABLE 5 MARINA ECONOMICS LUP HCP I. Total Cost $34 million $16.2 million 2. Cost per slip $19,000 $16,000 3. Net revenues available for debt service $2.9 million $2.2 million 4. Annual Marina Loan repayment $2.6 million $1.1 million 5. Surplus available for other maintenance $ .3 million $1.2 million and operations 31 to popular perception, that facility does not generate surplus revenues for the County. In fact, the analysis indicates that the facility narrowly breaks even on an operating basis without any significant surplus for either (1) amortization of original capital costs, or (2) payment for periodic dredging and other waterside maintenance. IN SUM: With respect to the cash flow available to repay a marina loan and contribute to ongoing operations, the scaled down marina in the NCP appears more feasible than the LUP. As mentioned earlier, if COE grant funding for the ocean entrance becomes a real probability, a larger public marina may be required to obtain a favorable cost-benefit ratio from the Corps. II EXHIBITS i MORBA LINDA\ FULLERTON I ANANEIM ARDEN GROVE ».. ANGE SANTA ANA TUSTIN IL StudyAroa COSTA SA a IRVINE NEWPORT BEACH' — ,• a LACUNA BEACH SAN JUAN CAPISTRANO ,r SAN CLEMENTE Q Incorporated [_] unincorporated RIEGOONAL LOCATUGH Coastal Zone Boundary BOLSA CHICA NORTH COAST PLANNING UNIT LOCAL CO&STAL PROGRAM COWTV Or aRAWA r tr r Anaheim Pungot say Aquatic L i Hun ten Haab +' - vt unttn t on • �,� t �, 1'••` solaa Chic& each - State Beach Pit!i r.• ` f=' • Seaciltt y ors/A :� •�• t . J Newport Beach BOLSA CHICA NORTH COAST PLANNING LUT LOCAL COASTAL PROGRAM fir,.^^,(r17Sff�e•'+i!� Y. y' 'd kw t ,l'��>�j��D�v�FS•�y1?," ZiO��g�'Y 1�a •-y��t' A'c�il ! .\ C, �,��t� l� �,Intt�C♦YI�`r `• 1�ti �trhl�r(iti '�;; 1' ��v• i,•:i%,47 �1L1� ♦' �,�r1�'il air,, . `,. .,., o.J��� '.-'/�\.�1 �, • •C ' ti �'f ti•' d t ♦ :nc� 11♦' .•�• •. �♦ + ,tT rem'! % 1 ♦ . ♦ t.,�::n `. �r^.♦�) ��yr ♦f} t '��;i:�11 l�1JY 1.3 i.u!,�,��1',Ir�j � • L�T' , �� 1 Jr i 1 r a1s r f *.+ i �,3 kSd♦1 } , � - • A. J. � �. - . � , . Ir pc' r its .> . ..• s � .t 7lrry '�r .•.� .,' } i! :.,,1 r1'��'1'.`•C' i1,�r,1,111r•n'' rr4,'�♦�,r�.ut�Tm.. '•, •, .��•' 1 y �f� _ v '.r• to ,i r,111 ` • j'♦ •p-1 �- ,per • \% ♦ r{ r r .,1 .11'1,w♦IYfi ? �y 1 3grl.� i +l^%.•_ ••' '' •.•y .' ,�{'.• y y% .� ,�, _.•�� Uc �'i lu is / ,� � M •/ TtA urlu•143 a u6LJ ��-`-\•�.._r•%�• __ .� •MKCt1 t0 QUILL NTt �PRg 38NT O►�. �'I�t��.��� 'C►S fietd L:r aEMON F'Trl -U TLIP'OCrtAPW DAT.-* tAF1N SF:IC'C o PUKC,NAcem �► .,AM Ca1WNW- 1110► „ .� ,w1.e1e oeaa,v..11 �ouewn -_ `'!'"�' ,� '.A• mm now"A"W"1►i1L , 1 1.4 1.6 �yI�P�C AM 1.2 um A CkLvmwww IMfIMi� �A �.AA CICA UWMI IAA poolo ML PAW Aoo'M�'I � IR1ldp AI�A IA PM _ �' RIIO�r 1e01/ICl/ . Mll/Ml p eoA,1 Aoow D O � d CAI! r•Nr AW MIP N.IM. AM1AN A TA7r�01 R. ALTERNATIVE c13FACIJ - � METROPOLITAN F�F7 1 r/.•wu1111 uulxN u•.1 ••,I nl w/l. S 1 WI ul pAx i SUMMARY ACRES ll 1 M11.W11. .,1r1N111•111 BEACHPNGTON COMPANY - sun or tyl/OAI�A �/ SI Avl A%%1•I:INL•IN A t(b►1A 11A>ZOtO1tAt1 win r(l11 of NY14tI11N/%.wMt M N',11•Il M.wlrl.1.NI ORANGE COUNTY FLOOD tWINt�01 L.NRA14 tt171! / 1 1loNAt 101 f. toles AIO rl•ro , arrorwrLoloN«AQI Lwr CONTROL-DISTRICT 1 �/ IIt II1(yp11 AMMttA altt�,'t M1� 1l\AI 1•'.I ur N11•Nl wall tNI. 1-•\• 0.ft ocow"m Ootmoct 11%a 111NN1((W 1111Y /'.N•NN11 1/t111{.pIMININ1111.N111(M ,•�, yt, 1 OQAN 1/oM 1U40l ObtlKt 11� I.Y111WIW NI{ ' Ot 0000tt1 11r f•I •�. ,`1 r41r/1 Novo"amwco1MMI yyyyN,QRACE Il - ` 1 1 TOTAL 1,6e1 11S �fJ .\ •1l• •e AR AJ.REA E ( i' t : ' •10UWA 11orw tAIlarAtlt.C '/ QPEPRATIQU PINY M'Ef SIGNAL BOLSA COBWAATI OCEAN VIEW .. .Y i / �� ' , ��'.+y�i.r.(•et' ..1, ` 1 STRICT po" .As MO/RPI11 to corstNuc* euloot an Slti ' •% 1• r r �' , •t 1 / _ Oo 4.4 • r r i 1r IV� _ r r���r��r.r OLSA ��r,r�.r.� r.��� • SIGNAL B ` . _ - Uff .AC . ttt 1111t t11ANeWj6l1t0t0StAlt 60L3A CHICA •.11 ii.le iM r11AI1Kir ova IMItM111tM1{(MNI/A1111(IIIIfNt SIAtt ICI IMr R NAWf."K 0I.t AN tillN ilI IIAI Mt14A �.,...�....�.�� Cut inots11111CIt0 ON mwwoty MIpr1I1 IM:IIIf115711ACPISt/IK1t11►ACIIL "Go""MAID r�Hmm UWF • 'W ttAW N11100Lom 1'11At1 M1L1MMv .ww11..vA S I ►LI�� wi Y11I _ _ ®.. �1 40•cRi.cR'M9 :Y EXHW Y .i . v�1��`�1!��1�� ,�f�,��`�.�;wr\•`�,1�',b�a" yx ��iI�Y. \1 i �. .,�''!•�r��'a'. alY'V�1�,.1,.•. ,`y..a , VI11�'�ht,1- �: rF tir � �� � •' ` `t t , S •Mate of California • X N,a I T ! Department of Justice Memorandum To John 2entner Date March 28 , 1984 Coastal Conservancy File No.: Steven H. Kaufmann Telephone: ATSS: ( 677) 2136 Deputy Attorney General ( 736) 2136 From Office of the Attorney General LOS ANGELES Subject: 1973 Settlement Agreement ( Bolsa Chica) In our conversation today I indicated I would provide you with a summary background concerning the State' s position on the above Settlement Agreement affecting the Bolsa Chica area. I think you will find the enclosed statement of the State Lands Commission regarding the Agreement to be an excellent synopsis of that position from the State' s viewpoint. The only change I would note is that the Agreement has since been amended to extend the option term. The option term was to expire in August 1983 in the event no "Appropriation" was obtained for the ocean entrance system. Now, the lease term has been extended three years to August 1990 , providing an Appropriation is obtained by August 1986. I have enclosed two documents for your information which evidence the three-year extension of the option term. Should have any questions regarding these documents , please do not hesitate to contact me. zz STEVEN H. KAUFMANN Deputy Attorney General SHK:dc Enc. RECEIVED cc: N. Gregory Taylor n �, ) 1984 Iy STATE COASTAL C�,lF VAS:' OAKLA i SENATE BILL 493 STATEMENT OF STATE LANDS COMVISSION REGARDING THE 1973 SETTLEMENT AGREEMENT Introduction The 1973 Settlement Agreement resulted from several years of studies and negotiations by the State of California and Signal Properties , Inc . ("Signal") . These activities began when Signal could not obtain title insurance to develop their properties . Signal applied to the State to clear title to the portions of the Bolsa Chica lowlands affected by the State' s claim. The State' s assertions of property title and interest in the Bolsa Chica. area were : a) The State owned approximately 63 acres of submerged lands ; and b) The State retained an easement for the purposes of commerce , navigation and fisheries , over approximately 460 acres of tidelands . Negotiations between Signal and the State culminated in the signing of the Settlement Agreement. The Agreement settled the title questions and included a conceptual plan for the re- sources and recreational development of publicly owned or leased land within the Bolsa Chica lowlands . The Settlement Agreement The Settlement Agreement was signed in January 1973. The State exchanged the areas where interest and ownership were asserted for fee ownership to both a t300 acre parcel, now managed by the Department of Fish and Game as the Bolsa Chica Ecological Reserve , and ±27. 5 acres of adjoining land underlying Pacific Coast Highway. Fee title to the remainder of the Bolsa Chica. area was confirmed or conveyed to Signal and the public trust easement for commerce, navigation and fisheries was terminated over these lands . Additionally, the State received the right to use 230 acres adjacent to the aforementioned 300 acre parcel for 14 years . This was designed to offset the effect of an ocean entrance system on the State' s 300 acre parcel , as well as constituting a contri- bution for the establishment of such a system by Signal. In the event an ocean entrance system is constructed , the State will receive fee title to the 230 acres . If an ocean entrance system is not established within the 14 year period (1987) , the lease will terminate and the 230 acres will revert to Signal. SENATE BILL 493 - 2 - A clause pledging; mutual cooperation and assistance was included in the Settlement Agreement (Exhibit A) . The clause pledges thA signatories to mutually cooperate and assist each other in c taining . . . 'Licenses and-permits necessary or desirable to effect the foregoing from governmental agencies including , but not limited to, the United States Army Corps of Engineers and other Federal and State agencies". The Agreement did not exempt Signal from applicable laws and regulations . Specifically, the Agreement did not and could not purport to affect the power of the people or the Legislature to enact regulatory laws , such as the Coastal Act , which would apply to activities on lands within the Bolsa Chica area. As the mutual cooperation and assistance clause clearly states , it was contemplated that any development plans would require permits from the applicable regulatory agencies , including those at the State level . Conceptual Plan A conceptual plan for the development of the public lands , only, was included in the Settlement Agreement . The conceptual plan specifically contemplated, as primary uses , the following: 1) A salt marsh ecosystem over a major portion of the area; 2) Facilities for public use of the ecological area; and 3) Minimal public marina facilities (with access to the Pacific Ocean) for berthing and launching boats . The plan is an agreement, in principle, for the develop- ment of resources and recreation in Bolsa Bay. The plan is con- ceptual in nature and merely a proposal contingent upon many factors , including the availability of public funds for the capital improvements , financing, evaluation of all alternatives and obtaining all necessary government permits . Failure to implement the concep- tual plan will not affect the validity of the Settlement Agreement. i I Conclusion The 1973 Settlement Agreement was a vehicle for settling title disputes . As a result of this Agreement , Signal received the benefit of clear, title to lands within the Bolsa Chica area. SENATE BILL 493 - 3 - Thi's Settlement Agreement , like all others negotiated by the State Lands Commission , could not and did not exempt Signal or any other landowner from being subject to all applicable local• State and Federal laws and regulations including, but not limited to. the California Coastal Act. BOLSA CHICA WETLAND PHASING EXHIBIT 9 • rS� Ya i J pHAS� � 6l-Vl�i' l�Nl' WCtLANDS �St bb RM ' - • (415) 524-1127 J. W. .JOHNSON CONSULTING ENGINEER 2E8 LAKE DRIVE 139RKILEY• CALIFORNIA 94709 R E C E I V E D May 22, 1984 MAY Z 4 IS84 SANTINA$THOMPSON INC. Santina & Thompson, Inc. 1040 Oak Grove Road Concord, CA 94518 ATTN: Peter F. Santina Dear Pete: I have carefully studied the various reports, charts, maps, etc. , of the Bolsa Chica project. My preliminary conclusions are that the concept plan is moving in the correct direction and should provide a well-planned and low-cost maintenance project. I have the following suggestions for further studies which are described to firm up the final design. 1. The estimate of the possible closure of the entrance to Bolsa Chica (based on the tidal prism and minimum area of the entrance) might be improved by the additional data provided during our conference on May 22, 1984. 2. The entrance jetties should be extended seaward to the eighteen foot (MLLW) contour to provide a deposition area for littoral drift and extend the time before sand might enter the entrance channel. The stated rate of littoral drift of 500,000 cubic yards per year appears extremely high to me. The deposition at other entrance jetties in this area indicates a relatively low rate of drift. Several range lines should be made perpendicular to the shoreline in the vicinity of the proposed inlet, out to about the 20 ft depth below MLLW, to provide the exact bottom topography in the area. 3. Since it will be some years before appreciable development will be made in the interior of Bolsa Chica, I would adopt a "wait-and-see" attitude as to the need for an offshore breakwater. After the jetties are con- structed, the nature of accretion or scour of sand at the base of the jetties and the nature of wave action within the entrance channel should dictate whether or not such an expensive structure is required. 4. More reliable data on the wave climate are now available than in previous years. The 1960 hindcast data by the National Marine Consultants did not include the "Southern Swell," but the joint study by the State and the Corps of Engineers using wave riders should provide much better design data than before. Santina & Thompson are fully qualified to conduct further studies for design purposes and complete the plans for the project. Sincerely, �J. W. J on JWJ:mi J.W. JOHNSON Professor of Hydraulic Engineering University of California Education: B.S. in Civil Engineering, 1931 M.S. in Civil Engineering, 1934 University of California, Berkeley Experience• 1934-35 Waterways Experiment Station, Corps of Engineers, Vicksburg, Missippi 1935-42 Soil Conservation Service, Washington, D.C. 1942-75 Teaching, University of California: Professor of Hydraulic Engineering, 1942-1975 1975- Professor of Hydraulic Engineering, Emeritus Licensed Engineer in California Membership: American Society of Civil Engineers - Fellow Chi Epsilon (Civil Engineering honorary society) Pi Tau Sigma (Mechanical Engineering honorary society) Sigma Xi (Research honorary society) Secretary, ASCE Coastal Engineering Research Council International Association for Hydraulic Research Honors: Guggenheim Fellowship - 1955 Department of the Army "Outstanding Civilian Service Medal" 1973 Berkeley Citation, University of California - 1975 Member, National Academy of Engineering - 1976 J. '«• Juanson C_asulting Experience and other Professional Activities: (1) Consultant to Utah Power and Light Co. . Sa!t Lake City, Utah, on sediment problems in the Bear River near I•.-ran, Utah, 1;+50j. (2) Consultant to Waterways Experiment Station, Vicxsburg, Mississippi. Wave action problems, 1951-52. (3) Consultant to Jacksonville District, Corps of Tagineers, Jacksonville, Florida, on wave and wind tides in Lake Okeechobee, Florida, 1952-58. (�) Consultant to B. A. Houel, Engineers, Caracas, Venezuela, on sedimenta- tion, beach erosion, and harbor development along the Venezuela coast. 1954-58. (5) Expert witness in numerous court cases on sediment problems. (6) Consultant to Santa Fe Railroad on sedizenation in the Rio Grande Valley, 1954-58• (7) Consultant to U.S. Navy, Breakwater at Subic Bay, ?.I. , 1955• (8) Consultant to Dames and (Moore, Littoral drift on Alameda fill. 1957-59• (9) Consultant to Tudor Engineering: (a) Wave action at Puerto Matarani, Peru, 1958. (b) Harbor development, Da Hang Bay, S. Vietnam, 1962. (c) Fort facilities, Chimbote, Peru, 1962. (d) Fish processing plant, Chimbote, Peru, 1963. (10) Consultant to Takota Corp. , Birmingham, Alabama, proposed improved entrance to Russian River, California, 1959. (11) Santa Cruz Seaside Co. , California, proposed sea wall, 1959. (12) Consultant to J. 3. Pomeroy b Co. (a) Shoreline processes at Tahoe Keys, California, 195?. (b) Surging at Navy Fuel Terminal, San Pedro, California, 1959• (c) Port development, Ras-Al-Khafji, Persian Gulf, 1959. (d) Small craft harbor, Martinez, California, 1960. (e) Phillips Petroleum Rarbor, Puerto Rico, 1966. (f) Water front development at Columbia-Geneva Steel Plant, Pittsburg, California, 1960. (13) Consultant to Secretaria de Marina, Government of Mexico, Port develop- ment at (a) Ensenada, Baja, California (b) Topolobampo, Sinaloa (c) Salina Cruz, Tahuantepec, 1960. (14) Consultant to Raymond Concrete Pile Co. , littoral drift problem at proposed small craft harbor, Santa 3arbara, 1' 6D. k15) Consultant to Stevens and Thocspscn, Seattle, Washington, Silting problem in Green Lake, 19bl. J. o. Johnson Consulting Experience and other l-rofesjional Activities (cons. ) (16) California State Lands Comm., Los Angeles, Shoreline changes In Monterey Bay, 1961. (17) Pacific Architects and Engineers, Okinawa (a) LST mop fees:bility report, 1961. (b) Wave action, Tengan Pier, Okinawa, (18) Dames and More., Honolulu, Beach development, Kona Coast (19) Belt, Collins and Associates, Honolulu, Scull craft harbors, 1961. (20) Soil Conservation Service, Honolulu, Sediment problems at stream outlets, 1962. (21) International Engineering, San Francisco, Ore port at Vitoria, Brazil, 1961-63. (22) Mareona Mining Co. , San Juan, Peru, Wave action in San Nicholas Bay, 1962. (23) Los Angeles Coun.y Small Craft Harbor Dept. , ,iave problems, Marine del Rey, 1962-63. (24) Miners Bayovar, Palo Alto, Calif. , Port development, Schura Bay, Peru, 1963. (25) Utah Construction and Mining Co. , San Francisco, Fort development, Northwest Australia, 1963. (26) John Blume b Associates, San Francisco, Scull craft harbors, 1963-64. (27) Mac Silvert, Consulting Engineer, San Francisco, Fort development for Kaiser Aluminum at Dry Harbor, Jamaica, 1964. (28) Bechtel Corporation, San Francisco, Tarapur Nuclear Power Plant, India, 1963-64. (29) Bay Area Rapid Transit, San Francisco, High-Later levels in the Bay, 1964. (30) U.S. Navy, Guam, Silting in Power ?'.ant Intake Channel, 1964. (31) U.S. National Park Service, Shoreline stability, 1965. (32) International Engineering, San Francisco, California, Shoreline stabi- lity, Baia de Sepetiba, Brazil. (33) Petroleos Mexica.nos, Port expansion at Coatzacoalcos, Mexico, 1965. (34) Mac Silvert, Consulting Engineer, San Francisco, California, Rock loading facility, Ot. Sur, California, 1966. (35) F. R. Harris Co. , N-v York, Proposed fill problems, Lorain Harbor, Ohio, 1966. J. W. Jchnson Consulting Experience and other Professional Activities (cont. ) (36) Bechtel Corporation, Gaithersburg, Md. , Turkey Point Atomic Power Plant, Fla. , 1966-67. (37) Suez Canal Authority, ::ew port development, Damietta, Egypt, 1966. (38) U. S. Attorney, San Francisco, Limantour spit, 1965-67. (39) Crown-Zellerbach, Seattle, Wash. , Beach erosion, Port Angeles, 1967. (40). Parsons. Srinckerhoff. Quade, 4 Douglas, Sedimentation, Bahia Blanca, Argentina. 1967. (41) Bolinas Harbor District, Calif. , 1967-68. (42) Swan-Wooster, Vancouver, Pt. Grey beach fill. 1967. (43) John Blume b Associates. Harbor surge, San Nicholas Bay, Peru, 1967-68. (44) B. A. Nouel and Juan Font, Caracas, Venezuela. Shoreline problems, 1968. (45) Mac Silvert; Consulting Engineer, San Francisco, Proposed port, Bezout Is. . N. W. Australia, 1968. (46) Southern Cross Mines, Cape Cuvier Port, W. Australia, 1968. (47) Calif. Dept. of Highways,, Santa Monica Causeway. 1964-72. (48) Calif. Dept. of Highways. Ventura Highway protection. 1969-72. (49) Utah Construction Co. . Hay Point Coal Port, Australia, 1969. (50) Utah Construction, Loading facility. Cape Flattery, Queensland, Australia, April 1969. (51) L. Zeevaert, !lexica City. Port development. Tres Palos Lagoon, Acapulco, May 1969. (52) United Nations, New York, Erosion of Nile Delta, August 1969. (53) U. S. Attorney General, Limantour spit. Pt. Reyes, Calif. , Ncvecber 1969. (54) Soros b Associates, Port expansion, Tubarao, Vitoria, Brazil. 1969-70. (55) Bolinas Harbor Dist. . Sediment studies, September 1969. (56) Santa Fe-Pomeroy. Bonny River Terminal, Nigeria, February 1970. (57) Northern California Aggregates, San Francisco, Russian River mouth study, April 1970. (58) Mac Silvert, San Francisco, Port at Jervis Bay, N.S.W. , Australia. April 1970. (59) California State Office of Attorney General. Kent vs State, Bolinas Bay, 1970-72. (60) Utah International , San Francisco, Rupert Inlet Tailing Disposal, 1970-71. I J. W. Johnson Cun_ulting Experience "nu Uther Profe;sional (:ont .) (61) Qeorge S. Nolte & Assoc. , Emeryville Marina, 197U. (u-') Ci3. talc Uu Itio Uoce, Rio do Janeiro, i9:s:i1 , l,cvclopir1%:r1L of new Wood- chip port, Espirito Santo, .)70. (63) International Engineering. San Francisco, N%uw por: site, Pacific Coast of Guatemala, 1972. 0 4) Federal Commission of Electricity, Mexico City, Sediment problems at Laguna Verde nuclear power plant, Veracru:, 1972. (65) Valuec Servicos Technicos, Ltd. , Rio de Janciro, 14.ci poi ite, Northern Brazil, 1972. (66) Carr b Donald &Associates, Toronto, Now port Lu: . .._ti.,� , Alaska, 1972. (67) Engeo Incorp. , Serkc ley, Calif. , Wave action on Nation-i & _ A" Cu. , North Dike, Grcat Salt Lake, Utah, 1972. (6S) Commonwealth Edison Co. , Chicago, Ill . , 3cacii erosion at Zion Atomic Power Plant, June-September 1973. (69) Dames and Moore, San Francisco, Ocean floor stauility, Atlantic Atomic Power Plant, New Jersey, January 1974. (70) Dames and Moore, San Francisco, Silting in 'toss Landing Harbor. California, June 1974. (71) International Engineering, San Francisco, Calif. , Steel plant protec- tion against wave damage, Lazcro Cardenas, +lexico, ,august 1974. (7:) -Dames and Moore. Sun Francisco, Scour studies, San Lucia Power Plant, Florida, 1975. (73) International Engineering, San Francisco, stave action and sedimentation, SMARCO, Brati1 , 1975. k74) Swan Wooster Engineering. Vancuuver, Marine Terminal . Net: Brunswick, Canada, 1975. (75) Chief of Engineers Shoreline Erosion A%ivisury Panel , 1976-1981 . (76) UNESCO Nile River Delta Erosion Study. 197u. (77) Parsons, Brinkerhoff, et al . , San Francisco Uccan uutfsll , 1977. (73) City of San Francisco. Ocean beach stud+•, 1J77. (79) Cabinete de Sines, Portugal , Sand dur►es . 1`_►77. (30) Proyectos Marinos, Mcxico, Dos Fucas Harbor, 1977-.'3. (31) Paradise Cove Marina, Tiburon , California. 1J76. EXHIBIT 11: OTHER HCP ALTERNATIVES REVIEWED At the request of the Conservancy Board, this Exhibit reviewing other HCP alternatives examined by staff is attached to the staff report. The preferred HCP was selected primarily because, among all the options reviewed, it promises to meet the HCP goals with the minimum departure from the LUP as approved by the County. However, as noted in the staff report, unresolved questions remain in respect to the economic feasibility and beach erosion impacts of a fully navigable ocean entrance at Bolsa Chica under either the HCP or the LUP. This Exhibit contains a brief review of two HCP alternatives that meet the planning objectives set forth in the staff report, and that might prove workable if an ocean entrance is later found to be infeasible. For comparative purposes, a third alternative, with no lowland development, is also included. The Exhibit concludes with a summary comparison of the three plans in respect to their economic feasibility. Alternative 2: Figure A depicts this alternative, and Table A provides an acreage breakdown by major land use components. Alternative 2 is basically the same as the preferred HCP except that recreational boat access to the ocean would be via Huntington Harbor. The plan retains a 951 acre wetland, the lowland location for the marina, and the potential for private waterfront development with private boat slips. Specific differences from the recommended HCP, aside from the changed boat access, are the following: (a) Non-navigable ocean entrance. A non-navigable ocean entrance would be constructed to provide water circulation to the wetlands and boating areas, and (2) to prevent any serious increase in channel velocities through Huntington Harbor as a result of expanding the tidal area within Bolsa Chica. The entrance channel would be maintained by the tidal prism from the wetlands and boat channels. In a sense, this ocean entrance would recreate the historical entrance that once existed at Bolsa Chica. (b) Roads Network and 'Bridges. No PCH reroute. As in the LUP, a new Warner-Garfieldconnector would handle crossgap traffic, but would be moved towards the rear of project area to free up more acreage for waterfront housing. The plan contains a 25-foot bridge over the Huntington Harbor connection channel (with clearance for boats comparable to bridges at Newport and Anaheim Bays) and an at-grade causeway over the non-navigable entrance. (c) Residential Development. Total residential acreage is 360 acres, about 35 acres less than We recommended HCP. This reduction results primarily from the longer boat channel required to provide a navigable connection between the Bolsa Chica Gap and Huntington Harbor. Alternative 3: Figure B show this alternative and Table B provides the breakdown of acreages. This option includes: (a) Non-navigable ocean entrance. A non-navigable entrance as described above under Alternative 2. j (b) Marina. A 1,000 slip marina excavated from lowlying portions of Bolsa Mesa adjacent Huntington Harbor. This location becomes more logical if there is no navigable ocean entrance constructed at Bolsa. However, unresolved issues remain regarding the workability of this location from a site planning perspective. Only about 10 acres of 60 acres of Outer Bolsa Bay habitat would be lost to boat channels. (c) Residential Development. About 430 acres of residential development. Lowland eve opment could be oriented around lagoons, on the model of Sea Gate at Huntington Harbor, and views of the central wetland/water area. Small sailing basins (without ocean access) could be created around the residential perimeter. Road network and bridges. The same as Alternative 2 above with two exceptions: e a ignment of the cross-gap collector is entirely flexible (since, compared to the plans with private boat slips, this plan receives less economic benefit from pushing the cross-gap road towards the rear of the project area) ; and (2) the bridge over Outer Bolsa Bay should be at grade (no clearance for boats required). Other features (including the 951 acre wetland) remain essentially the same as the preferred HCP. Alternative 4: This alternative was examined at the request of the Department of Fish and and the Amigos of Bolsa Chica. It is depicted in Figure C and includes the following main features. •(a) 1300 acres of wetland in the Bolsa Chica lowland (b) about 200 acres of housing on Bolsa Mesa. (c) a non-navigable entrance would be included if Fish and Game chooses to significantly expand tidal habitat. RESULTS OF FINANCIAL ANALYSIS. Summary cost Comparison Table C compares the extimated costs for special public facilities for each of the three alternatives described above. As can be seen, the estimates range from $9.4 million for Alternative 4 to 68.7 million for Alternative 2. These figures are only a fraction of the $163 to 194 million cost estimate for the LUP and generally below the $56 to $82 million estimate for the recommended HCP. (See Table 2 of the staff report. ) Under Alternatives 2 and 3 the cost savings from the recommended HCP result primarily from the substitution of a non-navigable ocean entrance, and, under Alternative 4, from the elimination of virtually all development from the lowland area at Bolsa. The low estimate for Alternative 4 assumes that a non-navigable ocean entrance is not constructed; the high cost includes such an entrance. Residential Economics Table D summarizes the result of the financial analysis of HCP Alternatives 2, 3, and 4 in respect to residential development at Bolsa Chica. For a general explanation of the meaning of each line item, see text accompanying Table 3 in the staff report. The paragraphs below add some explanation of the specific results for Alternatives 2, 3, and 4. To be conservative, the calculation of residential revenues under Alternative 2 assumes a slightly lower market price for waterfront homes when compared with the prices assumed for the LUP and preferred HCP. This allows for the possibility that the less convenient ocean access for private boats under Alternative 2 may have some negative impact on the achievable market prices for such homes. However, our research to date leaves open the question of whether the difference in ocean access really would translate into any significant loss in residential sales revenues. Alternative 4 assumes lower home prices on the mesa, again to be conservative. Otherwise, the underlying revenue assumptions are the same as used in analysing the LUP and recommended HCP. As can be seen, the bottom-line "Margin As % of Revenues" ranges from 39% for Alternative 4 to 29% for Alternative 2. The public cost burden as a percent of sales revenues ranges from 1% to 6%. These results compare favorably with the results obtained for both the LUP and the recommended HCP as given in Table 3 of the staff report. This is because the cost reductions under the three alternatives reviewed here more than offsets any loss in revenues. However, it should also be remembered that this enhanced financial feasibility is achieved at the expense of a more radical departure from the LUP and some reduction in the convenience of recreational boating. Table 4 would abandon most of the nonwetland public benefits of the LUP except for the linear park. 6 FLOOD CONTROL CHANNEL [ d SEDIMENT/BASIN. h�o LUP SUBAREA BOUNDARY • RESIDENTIAL 0GARF r - , AVENU TW IENTEO REgIDBN WAllR �RESIDENTIAL .—`MINOR B��L BOLSA CHICA p 9� LINEAR REGIONAL TURNING BASIN CENTRAL WETLAND �' :'i i•` MARINMCOMMERCIAL AREA: OIITiR BOLSA BAY RESIDENTIAL �•���_ MAJOR BOAT CHANNEL PACIFIC COAST HIGHWAY NATURAL RESOURCES ACIFIC COAST SOLSA CellIGAMATE BEACH 19OLOASMA STATE BEACH ` NON-NAVIGABLE ALTERNATIVE 2 OCEAN ENTRANCE HABITAT CONSERVATION PLAN STATE COASTAL CONSERVANCY PREPARED 8Y: SANTINA & THOMPSON, INC. NORTH TALI 5 A STATE COASTAL CONSERVANCY PLAN HAt3iTnT C0K),S RN/,ZM0N PI,A,�3 BOLSA CHICA HABITAT CONSERVATION PLAN ACREAGE BY LAND USE V UN'i�- 14 1994, ACREAGES Total Bolsa Lowland Seaward Hunt. Subtotal LAND USE DESIGNATION Area Mesa Inland Total Beach Wetlands Mesa 1. 3R (3. 5-6.5 D.U. /AC) 1.411 (6. 5-18 D.U. /AC) 1.511 (18-28 D.U. /AC) Subtotal Residential 3S9.67 )C-9,,24 62,24 IO-3,Ig COMMERCIAL 2.0 Community Commercial Marina Commercial 25,Oo 29 ,00 Subtotal Commercial 2s,00 OPEN SPACE 5.0 Main Boat Channel ge-07 58,07 Minor Boat Channel 25 ,O8 i 20,0a 1 Sed. Basin and F.C . Channel ►3178 -7.7 1 �� 09 13 78 Bolsa Mesa Gp"- SMOE 13 4-ti 1,3.43 Outer Bolsa Bay �xc`u 38,7y 30 74 Central Wetland 861.05 I :05 £Gl ;0.G- Subtotal Open Space 1010, 12 �J92,G6 RECREATION 5. 1 Linear Park ?8,26) 78.20 ,00 Marina 47, 00 7,7¢ 3� ' 5 Warner Garfield Coll. f3.2f 2 ,47 10 -'7,- Subtotal Recreation 1 � . �j j0,r'� ) 50.60 78,20 NATURAL RESOURCES 5.2 Consol. Farm 19,00 i-�) -66 Subtotal Natural Resources ROADS 51 . 10 IT 00 1 ,10 31.70 2, 10 TOTALS tG04.03 230,25 D1. 1+ 12o2,-G �O, O ���-5► GC FLOOD CONTROL CHANNEL 6 SEDIMENT BASIN ,o O,re f O ItESIDE►'�IAL FFT /C LUP SUBAREA BW!!! �Y • NTIA — \. ` \ RESIDENTI L RESIDE FIE ENUE LAGOON RESIDENTIAL ` ARESIDENTIAL / MARINA/COMMERCIAL AREA � BOLSA CHICA LINEAR REGIONAL PARK d CENTRAL WETLAND � . MAJOR BOAT CHANNEL y / RESIDENTIAL 1 PACIFIC COAST HIGHWAY NATURAL RESOURCES ` STATE BEACH ' r•' BOLSA CNICA STATE BEACH PACIFI T HICHW NON-NAVIGABLE OUTER BOLSA BAY OCEAN ENTRANCE ALTERNATIVE 3 HABITAT CONSERVATION PLAN STATE COASTAL CONSERVANCY PREPARED BY: SANTINA & THOMPSON, INC. NORTH PLAN H C P A STATE COASTAL CONSERVANCY BOLSA CHICA HABITAT CONSERVATION PLAN ACREAGE BY LAND USE 19 ACREAGES Total Bolsa Lowland Seaward Hunt. Subtotal LAND USE DESIGNATION Area Mesa Inland Total Beach Wetlands Mesa 1.311 (3. 5-6.5 D.U. /AC) 1.411 (6, 5-18 D.U. /AC) 1.511 (18-28 D.U. /AC) Subtotal Residential '432.76 COMMERCIAL 2. 0 Community Commercial Marina Commercial ZS.a 25.0 Subtotal Commercial ZS,O Z,S,D OPEN SPACE 5. 0 Main Boat Channel / �• /� 03 Minor Boat Channel - 1 Sed. Basin and F.C. Channel 13. 7V Bolsa Mesa 13,q3 7,f 3143 i ► -T", Outer Bolsa Bay �J,s3 yq, 83 g3 Central Wetland � '1�9�, q4i Subtotal Open Space c13 ,03 19 71)3, 5, RECREATION 5. 1 Linear Park Ei�,, z. Marina 0 (;� Warner Garfield Coll. �3,2) °11 /D, -75� Subtotal Recreation J 3g,41 ti 5,N7 /0 , 7' NATURAL RESOURCES 5.2 Consol. Farm Subtotal Natural Resources ROADS 17, O 1 , Z ( 1-7 '30.3 TOTALS 14c7q. 3 Z.30.Z5- al 1, 14 I ZOl,SI 60,-1 9s� 71 m ~ IMP MBAR pARY \ 1 Q � ; LINEAR REGIONAL PARK RESIDENTIAL CENTRAL WETLAND .sc'ef, OUTER BOLSA BAY PACIFIC COAST HIGHWAY � LSA ICA T EACH C ICA STATE BEACH NON-NAVIGABLE OCEAN ENTRANCE ALTERNATIVE 4 HABITAT CONSERVATION PLAN STATE COASTAL CONSERVANCY PREPARED BY , SANTINA & THOMPSON, INC. NORTH TABLE C COST COMPARISON SPECIAL PUBLIC FACILITIES HCP ALTERNATIVES 24 In Millions of COST. ITEM ALT 2 ALT 3 ALT 4 LOW HIGH Marina 16.2 18.9 - 9.5 Ocean Access 10.7 9..5 - 1.4 Huntington Harbor Connect 17.3 2.1 - - Flood Control 1.4 1.4 1.4 1.4 Wetland Restoration 5.5 5.5 3.0 5.5 Linear Park 2.1 2.1 2.1 2.1 Arterial Roads 13.4 13.4 3.9 3.9 Arterial Bridges 2.1 2.9 .2 .2 TOTAL 68.7 55.8 10.6 22.6 TABLE D SUMMARY RESULTS: RESIDENTIAL FINANCIAL ANALYSIS n Millions o i ALT ALT ALT 4 MEASURE 3 Low High 1. Total revenues 787 936 421 421 LESS 2. Net Public Costs Supported By Residential Development 49 33 4 15 3. Unit Development Costs @ 65% 512 608 253 253 4. Margin for Land and Profit 226 295 164 153 5. Margin as % of Revenues 29% 32% 39% 36% 6. Public Costs as % of Revenues 6% 4% 1% 4% _ n34 REQUE 1 FOR CITY COUNCI" ACTION i l �a5 k :r381 Date June 13 , 1984 Submitted to: Honorable Mayor and City Council �y Submitted by: Charles W. Thompson, City Administr ti Prepared by: James W. Palin, Director of Development Servi `1 Subject: A RESOLUTION TO THE COUNTY OF ORANGE AND `1COAS CONSERVANCY REGARDING THE LAND USE PLA HAB T CONSERVATION PLAN FOR THE BOLSA CHICA Statement of Issue, Recommendation, Analysis, Funding Source, Alternative cti chments: STATEMENT OF ISSUE: At its June 11, 1984 study session, the City Council directed staff to pre- pare a resolution to the County of Orange and to the Coastal Conservancy stating the City' s concerns regarding the County' s Land Use Plan (LUP) and the Coastal Conservancy' s Habitat Conservation Plan (HCP) . If the resolu- tion is adopted, it would provide a formal mechanism by which the City' s concerns will go on record to both the County and the Coastal Conservancy. RECOMMENDATION: , Adopt the attached resolution regarding the City' s position on the planning efforts for the Bolsa Chica and direct staff to send it to the County of Orange and the Coastal Conservancy. ANALYSIS : This City has been involved with the Bolsa Chica for a number of years. Listed below is a chronology of the City' s participation in the Bolsa Chica planning process. This list has been prepared with the most recent actions you have taken first, proceeding back to prior actions. Date City Council Action June 11 , 1984 Council directed staff to prepare a resolution regarding the City' s concerns on the County ' s LUP and the Coastal Conservancy' s HCP. April 16 , 1984 Council directed Jim Palin to attend the April 19 Coastal Conservancy Board hearing to verbally express the City' s concerns regarding the Conservancy ' s draft HCP. August 2, 1982 The Council adopted Resolution No. 5147 to update and refine the City Coastal Element. i P10 4/81 Bolsa Chica Resoluti so J J ne if, 1984 Page 2 Date City Council Action' July 19, 1982 The City Council directed the City Attorney' s office to draft a resolution to send to the Coastal Commission in support conceptually of the County' s plans . Because of inadequate time, a letter was drafted and no resolution was prepared (see attachment) . June 20, 1982 Council approved a motion to send Councilman Ron Pattinson to Sacramento to support the County' s Local Coastal Plan for the Bolsa Chica and revised SB 493 at the June 29 , 1982 hearing. December 14 , 1981 Council approved a draft statement on the County' s Bolsa Chica LUP to be presented to the County Board of Supervisors on December 15, 1981 by Mayor Ruth Finley (see attachment) . January 19 , 1981 The Council adopted Resolution No. 4954 adopt- ing the City' s Local Coastal Program in the form of the Coastal Element of the General Plan. Within the adopted element, Section 6 (pages 61a and 62) states the City' s concerns regarding the Bolsa Chica (see attachment) . February 4, 1980 Council adopted Resolution No. 4840 requesting the County of Orange to accept additional City input in the County Local Coastal Program for the Bolsa Chica (see attachment) . July 3 , 1978 The City Council considered annexing the Bolsa Chica, but the motion failed. January 3 , 1978 Council adopted Resolution No. 4580 requesting preparation by the County of a Local Coastal Plan for the Bolsa Chica for concurrent review by the South Coast Regional Commission with the Huntington Beach Local Coastal Plan (see attachment) . FUNDING SOURCE: None needed. ALTERNATIVE ACTIONS : 1 . Do not adopt the resolution. In this event, the City will not officially go on record as to having any concerns regarding the Land Use Plan or the Habitat Conservation Plan. 2 . Modify the resolution reflecting issues that should be added, deleted, or amended. t � . B(Asa Chica Resolution June f13 , 1984 Page 3 ATTACHMENTS: 1 . Resolution 2 . Letter to State Coastal Commission dated July 21 , 1982 3 . Resolution No. 4954 adopting the Coastal Element 4. Section 6 - Environmentally Sensitive Habitats 5 . Statement to the County Board of Supervisors 6 . Resolution No. 4840 requesting additional City input to the County' s Bolsa Chica LUP 7. Resolution No. 4580 requesting preparation of Bolsa Chica LUP for concurrent review with City' s document CWT:JWP:FW:df 00 r f RESOLUTION NO . 5147 A RESOC,[ITION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BF,ACH REIVISING THE COASTAL ELEMENT OF THE' GE'Nf.RAL PLAN WHEREAS, the City Council of the City of Huntington Beach desires to update and refine the Coastal Element of the General Plan to meet the needs of the community better ; and A public hearing on the proposed changes and additions to the element was held and a report on those changes and additions was prepared by the Planning Commission, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the changes and additions to the Coastal Element listed In the Planning Commission' s report , attached hereto an-i by this reference made a part hereof . . , PASSED AND ADOPTED by the City Council of the City of 1untington Beach at a regular meeting thereof held on the 2d day of' August , 1982. Mayor ATTEST : APPROVED AS TO FORM: '2 ity Clerk City Attorney . 1if:VII:W AND APPROVED : , INITIATED AND APPROVED : City Administrater irector of Development Services r f 6 ' RESOLUTION NO. 5391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE AND THE COASTAL CONSERVANCY TO CON- SIDER THE CONCERNS OF THE CITY REGARDING THE COUNTY LAND USE PLAN AND THE CONSERVANCY'S HABITAT CONSERVATION PLAN FOR THE BOLSA CHICA WHEREAS, the Bolsa Chica is virtually completely sur- rounded by the city of Huntington Beach and is within the city' s sphere of influence; and The ultimate land use in the Bolsa Chica is of great con- cern to Huntington Beach; and The County of Orange is the lead agency for the preparation of the Local Coastal Program for the unincorporated area of the Bolsa Chica; and The County of Orange has submitted the Bolsa Chica Land Use Plan to the Coastal Commission for its review and approval; and The state, Legislature has charged the Coastal Conservancy with the responsibility of working in conjunction with Signal Landmark, the state Department of Fish and Game, and the County of Orange to prepare a Habitat Conservation Plan by July 20, 1984 ; and The City of Huntington Beach, in the spirit of cooperation, has been working with the County of Orange and the Coastal Conservancy to address issues of concern the City of Huntington Beach has regarding the Bolsa Chica -Land Use Plan; and It is in the best interest of all concerned agencies that cooperative planning efforts for the unincorporated area of the Bolsa Chica are continued, NOW, THEREFORE, BE IT RESOLVED that the City Council of ,, .. . the City of Huntington Beach respectfully requests that the a 'CS:ahb :/14/84 1. i 1 County of Orange and the Coastal Conservancy address the fol- lowing concerns of the City of Huntington Beach relating to modi- fications to the Land Use Plan and the Habitat Conservation Plan - �, for the Bolsa Chica: 1. CIRCULATION (a) Realign Edwards Street and connect with Pacific Coast Highway within the Bolsa Chica planned area. (b) Align cross-gap connectdwo so that it will not have a negative impact on the existing residential units. (c) Connect Talbert Avenue to cross-gap connector. (d) Realign Warner Avenue to allow for sufficient grade for a minimum twenty-five (25) foot bridge and to maintain access for the Warner Avenue Fire Station, as indicated in No. 2 (a) hereof. (e) Connect the cross-gap connector and f9arner Avenue to provide convenient circulation to the proppsed commercial uses . (f) Existing local street system to be accommodated by providing for similar adjoining land uses and for adequate neigh- borhood circulation. (g) Provide for Bolsa Chica Street (cross-gap) connec- tion to Garfield Avenue. (h) Address the following concerns created by the pro- posal to reroute Pacific Coast Highway: . (1) High projected daily traffic volumes on Pacific Coast Highway, particularly between Bolsa Chica Street and Garfield Avenue. (2) High projected intersection traffic volumes at Pacific Coast Highway/Bolsa Chica Street and Pacific Coast Highway/Garfield Avenue . (3) Vehicle miles travelled, safety and level of service impacts on rerouted Pacific Coast Highway through traffic (Pacific Coast Highway functions as a regional highway) . (4) Penetration of through traffic into existing city arterial system. 2. (5) Disruption of a scenic, coastal access and regional highway which satisfies motorists ' desires to travel within view of the ocean. These concerns need to be considered and mitigation mea— sures provided to eliminate negative impacts on the travelling public and the citizens of Huntington Beach. (i) Bolsa Chica development on the Bolsa Chica Mesa should be planned in a way that results in minimal direct access off Warner Avenue . 2. SERVICE DELIVERY (a) Planned circulation for the area needs to main— tain access for the Warner Avenue Fire Station or provide for an alternate site if such access is not feasible or desirable. (b) Consideration should be given to service of the proposed development with water supply and sanitation facilities in order to minimize costs and ongoing maintenance requirements. (c ) Due regard for cost—benefit rat16s is fundamental to this development . 3. LAND USE PLANNING 7 It is critical that all proposed land uses as to type and density should be compatible with existing land uses within the city. 4. OCEAN ACCESS There are three primary concerns regarding the proposed ocean access which need to be addressed. They are : safety, preservation of the beach, and ongoing maintenance costs. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1gth.. day of June , 1984 . ATTEST: a City Clerk 3 . f j REVIEWED AND APPROVED: APPROVED AS TO FORM: �►• - -City Ad min t for `-�t�,� City Attorney INITIATED AND APPROVED: v J474elocit5oar 'of De elopment Services •r a 4 • No. 5391 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) J JJJJJJ •Y : I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 18th day of June , 1984 by the following vote: AYES: Councilmen: Patti nson, MacAllister, Kelly, Finley, Bailey. Ma ydi c NOES: Councilmen: Thomas s •.i ABSENT: Councilmen: .None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California a -_1 City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 OFFICE' OF MAYOR July 21, 1982 The Ilonorable Naomi Schwartz , Chairwoman California State Coastal. Commission 631 I[oward Street, Fourth Floor. • San Francisco, California 94105 Dear Chairwoman Schwartz: 'rhe matter of adopting a General Land Use Plan for the Bolsa Chica is now before the Coastal Commission and is a matter of are-at concern to the City of Huntington Beach. The development r,f this area will he an rxtcnsion of the development of the city of t!t111t.1 ngt•on Bol-ic h , alld wI. 1 .l have a (treat_ I of luonCe. oil t1w char .rllrl (lucl.l iL-y of: life of tl:is city for ln,.lny years to � r;n►c . Tho Bo 1sa Chica is v i r tua 1 l.y surrounded I)•, t.11e c.1 ty of Ilul,t inct- ! nn Tle;rah and L-oL-al ly wi Lhi n the city'-!; sphere, of influence. ,J(Al, t-.IlQ city ha5 had Zl c:ontinuiny interc_st and has reviewed and offered recommendations to tho County of Orange regarding the County L. U. 11. l n view of these considerat i.on s , the County of Orange adopted oil December 16 , 1.981, Resolution No. 81-1806 acknowledyi i-i the ci L;• ' s i nter.est- --and indicating willirlyness to provide for the City ' s participation in the development of the Dolsa Chica , and there- fore included the city in the planning process . In addition, the City of. Huntington Beach and the County of Orange .have entered .into a cooperative agreement: to plan and acquire a lin ear park which provides In connector along the bluff line from the City ' s Central Park to the coastline. This area serves as the east- ern boundary of the l3olsa Chica. Thp C.i Ly Council has a I.so i nd i_ca ted a llo l..i cy di rec t.ion to achieve the annoxation C1" !-he 11olsit Chic, Sj)cc- i.f Wally , t.Iie Citv wi.shu:, to record its opposition tr1 (.lie Coastal Commission sLaff ' s L. U . P . di .iyral- a l t_e1-11,1 t. I ve to t Ile' cil :lllr;0.. County Plan clue` Lo Ilt:l 'tor spar tco1 ings in the followilly tll:.10:; 1. It wcluld t r,l f f i.c anc1 circulation problems which a proper land use pl;ln would avoid; 2 . /\rtor.is l a 1 i (Irmwn t_ is not in accord wi Lll the - City ' s adopLed L-irterial alignment ; Y 1.1-THrl\1 (i 1 1) Chairwoman Schwa -2- 60 July 21, 1982 3. The plan would cause serious safety and fire access problcn�„_ through the isolaLi.on of the Warner. Avenue Fire Station and the elevation of the Warner Avenue bridge; 4 . The plan is lacking in the provision for proper tidal flushing within the wetland areas ; and 5 . The plan would create serious impacts as a result of the High density residential development on the 13olsa Chica Mesa and would be detrimental to the quality of the general area and create interface problems with the City ' s existing residential areas . Since the City Council is the principal. elected body representing this area, and }laving spent many years working and living in this area , the City of Huntington Beach wislies to go on record as endorsing the con- cept embodied in the County ' s L. U .P . , acknowledging there may be minor • adjustments in the plan which would improve its overall desirability . These changes alt:liough minor in nature could result in further improve- mcnt in the traffic circulation, arterial alignment , improvement in public safety response and could reduce the number and height of the bridges proposed and could more specifically address the precise loca- tion and size of the ocean access. of spcc:i.nl i.ni.c.re!;t.- to 1 ho City Lire Lhts long i-ancic' fiscal impacts are im1)(lsod by dc'V01-U111110111 , i . e. , street 1TL:I LIIhc.'ll:l_nCC , traffic co111.r fire and police sei-vicos , pai-k maintenanc e . 1. ibrary servic os , Bahl :lT -ind storm drainage requirements, water service , recreational recluir'7•- monts , etc. The County has included a fiscal impact review in which the City has been involved. In indicating its general approval of the County L. U . P . the City will: to also r.eduost that it be included as a full participant in al-] -id in ments and negotiations regarding the Bolsa Chica L. U .P . Sincerely, City Council. Plepiher.s City of Huntington Beach RPM/CWT: hj i i RI:SOLUT l ON NO . 4954 A RESOI,UTI'ON OI? THE CITY MIUNCI I, M` THE CITY Or HUNTINt;TON BRACH ADOPTINn TILL. E..00AIL COASTAL, PROGRAM IN THE VORM OF THl•; COASTAI, ELEMENT Or THE GE;NERAI, PLAN. W111"REAS , California Public Resources Cade Section 30500 t•eouires all cities lying, within the coastal zone to prenare a local coastal program for that portion of the coastal zone wlthin� their jurisdiction; and WIILRCAS , said local coastal prorr1.1m must contain a lr►rd ii.-­ plan (California Public Resources Code Section 30108 . 0 ` vitt 1 ch may be submitted in the for►n of a coastal element to the ),c•neral plan (California Public Resources Code Section 301'"+ . 5) ; :roil WHFRE,AS , a coastal element has been nrehared in coinp] lane,:' I: I t.h r',i l l ['ornia Publ Ec Resources Code Sect 1 tins 30000 throuirii 100 n1.d r(�lev�.tnt 1�uidel lees adopted by thy• State of Call re,rrtia ; I ' ittl WHEREAS , pursuant to the State Planning and Zoning I,aw and t.ht. California Coastal Act of 1976 , the Huntinlrton Leach planninv t� Cominisslon and Huntington Beach City Council have had separate public hi•arinFs relative to the proposed ado)nt. ion of the cw :;trll c lerriont. to the general plan , wherein both bodl es have carefully c(gis ldered all informat ton presented at. said hc,clrtnr;s , and c, 'ter due corisi(leration of the f'indinf:s and. rec011I1V•rld,lt.ions of the I' I :111n 11Ij; Cornmiss I On , lric 1 ud InI- Cit. Cuunc I 1 -Imetittments by i:hant*es ,ititt t>ddlt Ions 1 tst:ed In Attachments i :uid 3 , by this r(.'f't-renC" 11worpurated hevoin and matte a part i:et �. ��S' , ;)nd ;111 evI.60111— li►•enerited to said City Council , the ('tty Cmilicll f•lnd:3 thr. ' kw;) coastal program is nr•oper , and lritortl:tl1v c-on^intent. ; tth ' 6 the general plan ; , M NOW , 'I'll HIRE FORE , IiE 1'1' th:lt tilt, City the City of Ifunti.ngtun Beaeh hereby ;ipprovv,; said c,o(jst,jl element of the f;eneral plan. PASSED AND ADOPTED by the City Council of the City of HunLingt'n Beach at ;t vef*,ular meeting. thereof held clu the _19th__ day of January 1981 . 40 Mayor APPROVED AS TO FORM : ATTEST: C At o n J City Clerk . REVIEWED AND APPROVED : City Adtini trator INITIATED AND APPROVED A) TO CONTENT: O Development S ' vices Director - 2 - STA E OF CALIFORNIA ) �. C011yl'Y OF ORANCF. ) a a: CITY OF liuyrlNC'rON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-of.ficio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a. regular meeting thereof held on the 19th day of January 19 81 by the following vote: AYES: Councilmen: Patt_inson , Finley, Thomas , Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California cupy ul v filo ;n ',Jw� of i;:C. 19 / — Cily t;lerk and Ex•nffic•1-)C1(,ikott1wC1ty COUnCiI Of thO Clly Of Hullhrlkton bCdch, Ca I. , By- -��C�- /-227-t-4-at-- Deputy w v, J �da C� DEFINITIONS AQUATIC ECOSYSTEM: An area where organisms grow or live in the water and interact with each other. BIOLOGICAL QUALITY: The ability of an area to support living organisms. BUFFER: Any of various devices (land, fencing, vegetation) which serve to separate adjacent land uses in order to lessen any adverse impacts of one land use on another. CONSERVATION: Planned management of a natural resource to prevent exploitation, destruction or neglect. CONTINGENCY PLANNING: Planning for events that are of possible but uncertain occurrence. ECOLOGICAL RESERVE: Officially determined area being preserved for its environmental value. ECOSYSTEM: The complex of a community and its environment functioning as a unit in nature.. ENVIRONMENTALLY SENSITIVE HABITAT: Any area in which plant or animal life or their habitats are rare or especially valuable and which could be easily disturbed or degraded by human activities and developments. FILL: Any earth or any other substance or material placed in submerged area. HABITAT: The place or type of site where a plant or animal naturally lives and grows. INDICATOR SPECIES: Species which are representative of a specific area or habitat. PREEMPT: To take jurisdiction away from an existing agency or entity. TIDAL FLUSHING: ' A process in which normal tidul action results in continual exchange of ocean water within a wetland. COASTAL ACT POLICY 30240. (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) 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 such areas, and shall be compatible with the continuance of such habitat areas. 30411. (b) The Department of Fish and Game, in consultation with the Commission and the Department of Navigation and Ocean Development, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility...Any such study shall include consideration of all the following: (1) Whether the wetland is so severely degraded and its natural processes so substantially impared that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. (2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. (3) Whether restoration of the wetland's natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve such values. 30607.1 Where any dike and fill development is permitted in wetlands in conformity with this division, mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action; provided, however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of equivalent productive value or surface areas shall be dedicated to an appropriate public agency, or such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking; provided that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. Other provisions related to wetlands are relevant to sensitive habitat areas in the Huntington Beach coastal zone. Other policies involving diking, dredging and filling which could affect habitat areas in the City's coastal zone are listed in Section 5.0, Water and Marine Resources. 57. (411 6. Environmentally Sensitive Habitats ,+ 6.1 BACKGROUND An "environmentally sensitive habitat" is any area in which plant or animal life is either rare or especially valuable and could be easily disturbed or degraded by human activities and developments. The Coastal Act requires that local coastal plans delineate these environmentally sensitive habitats and establish policies for their protection and enhancement. 6.1.1 Environmentally Sensitive Habitats in the Huntington Beach Coastal Zone Two areas in the coastal zone of Huntington Beach have been preliminarily identified as environmentally sensitive habitats: 1) a nesting sanctuary for the California least tern (a bird species considered endangered by both the State and federal governments) located on the Huntington State Beach; 2) a possible wetland area located between the southern end of the Southern California Edison plant and Brookhurst Street. (See Figures 6.1 and 6.2.) Least Tern Nesting Sanctuary The California least tern is a bird species which is native to Southern California coastal salt marshes. These birds nest on sandy beaches close to wetlands and estuaries where they feed on small fish. Encroaching development has resulted in loss of feeding grounds, and heavy recreational use of sandy beaches has disrupted natural nesting areas. These factors have threatened the existence of the least tern. 59. f ® � 6 r r•� w rrw r` • J /nw� 7 HUNTINGTON BEACH CALIFORNIA n ItN Habitats PLANNING DIVISION Environmentally Se s e Figure 6.1 To help protect the least tern from extinction, a five-acre fenced nesting area was created in 1969 on the Huntington Beach State Beach. This nesting sanctuary is a permanent facility and is maintained by the State Department of Parks and Recreation. The tern colony nesting there was one of the three largest in the State in 1978, and it is ranked first in terms of nesting success.1 Wetlands The City believes that the definition of "wetlands" in the Coastal Act could be Improved to better identify environmentally important areas the Act intends to protect. Nonetheless, the State legislature did adopt the following definition of "wetlands" in the Coastal Act: "Land within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, freshwater marshes, open or closed brackishwater marshes, swamps, mudflats and fens." The Coastal Act prohibits diking, dredging and filling of wetlands except for very limited purposes related to energy production, boating and other regionally Important activities. Wetland areas within the City have been preliminarily identified by representatives from the State Coastal Commission, State Department of Fish and Game (DFG), U.S. Army Corps of Engineers (COE), and the U.S. Fish and Wildlife Service (USFWS). These agencies conducted an explicit delineation of the boundaries and biological value of the wetlands. The results of this effort are included in an appendix to the background report on Environmentally Sensitive Habitats prepared by the City's Development Services Department. Figure 6.2 shows the potential wetland areas between Beach Boulevard and the Santa Ana River. The primary resource value of those coastal wetland areas is their function as habitat for water-associated and marsh-dependent bird species. The Belding's savannah sparrow, and California least tern, both endangered species, feed in the area and the Belding's savannah sparrow nests there. The physical Characteristics, natural resource values and unique features of the area are discussed in greater detail in the document prepared by the DFG for the Regional Coastal Commission staff which is an appendix to this plan. Comprehensive lists of wetland indicator plant species and the bird species observed on the site are included in the report. The City has indicated visitor-serving and energy expansion uses for these areas with the expectation that in exchange for development rights, certain of these areas will be restored and enchanced. Though the area known as the Bolsa Chica is not located in the jurisdiction of the City of Huntington Beach, at this time, the City considers it imperative to contribute meaningful influence on the resolve of the area's future uses. 61 . 1. The City urqes all appropriate State and Federal agencies to accelerate efforts to positively define only specific acreage in the Balsa Chica La which, in fact, can be scientifically justified as environmentally sensitive �'�✓ habitat. In addition, the City requests and urges these agencies to provide precise recommendations as to the economic feasibility of rehabilitation of such designated ecologically sensitive areas. When these State and Federal responsibilities are properly presented and accepted, the City will totally support the preservation of such designated environmentally sensitive habitat areas. f� ict . • 2. Residua acreage in the Bolsa Chica which not included in State and Federal designation of environmentally sensitive habitat areas will be supported by the City for full development of compatible land uses. Further, it is the City's intentions that such uses will not be burdened with unrealistic or excessive set backs and other restrictive ordinances and codes intended to arbitrarily force sanctions against compatible land use development. 3. It is further intended by the City to instruct and direct staff to organize end structure a format by which the City can open, as soon as possible, negotiations and discussions with the property owner of record of the subject Bolsa Chica land and the County of Orange for the purpose of achieving annexation of the Boise Chica into the City of Huntington Beach. 6.1.2 Regional and Local Interests in Wetland Areas Wetlands are recognized as especially valuable areas which provide numerous public benefits including 1) breeding and "nursery" areas for marine species with commercial and recreation value, 2) habitat for numerous wildlife species including rare and endangered varieties, 3) natural flood control, and 4) aesthetic amenities. The loss of coastal wetlands in Southern California has been dramatic and drastic. Most of those that remain have been altered, damaged or otherwise threatened. The protection of these increasingly scarce ecosystems is recognized in the Coastal Act as an important greater-than-local goal. 6.1.3 State and Federal Agencies Responsible for Wetlands Protection yi Local control over development in wetlands has been largely pre-empted by State and federal agencies because of the greater-than-local value of these areas. The principal agencies charged with protection of wetlands are discussed below. Federal Agencies The Army Corps of Engineers (COE) has permit authority over any development that would discharge dredged or fill material into waters of the United States, Including wetlands. The U.S. Fish and Wildlife Service (USFWS) reviews permits before they are issued by the Corps of Engineers. A permit cannot be issued over the objection of the USFWS, however, it can be appealed at the State or federal levels. Permits must also be consistent with guidelines issued by the USFWS, the Environmental Protection Agency and the California Coastal Zone Management Program. State Agencies The Coastal Commission has authority to regulate activities in wetlands and to protect against any significant disruption of habitat values. The Department of Fish and Game (DFG) must issue a written statement that important ecological resources have been protected prior to approval of any project in a wetland. The DFG also has the responsiblity of proposing plans to protect, preserve, restore, acquire and manage wetlands. 62 . 6.2 ANALYSIS 6.2.1 Restrictive Land Uses The City's principal strategy for protecting environmentally sensitive habitats is to designate them as "visitor-serving commercial", "conservation," and "industrial energy production" with the intent that development proposals will be accompanied by strategies to enhance significant wetland areas adjacent to the proposed project. 6.2.2 Buffers In addition to evaluating development in the wetland areas to ensure significant habitat values are not destroyed, the City also requires buffers to the most sensitive areas. In some cases, such as the area adjacent to the Bolsa Chica, the buffer will be a setback along the Huntington Beach Mesa bluff. Other acceptable buffers in areas where large setbacks are infeasible would be elevation changes or barriers which inhibit access. The City will study buffer strategies and catalogue those which protect the habitat value of wetlands in aesthetically pleasing ways. 6.2.3 Aesthetic and Biological Improvements The City specifically promotes the enhancement and/or restoration of environmentally sensitive habitats. The City will investigate funding opportunities from sources such as the California Coastal Conservancy for such enhancement projects. The City will also require that any habitat restoration strategies include measures to ensure against flooding in surrounding properties. Another measure will be to encourage plantings and other improvements to the flood control channel embankments and to the edges of the wetland areas to increase species diversity, provide better screening and to promote their visual attractiveness. Additional protection is afforded by measures which require review of oil spill plans to ensure sensitive areas are protected. (See Section 10.) 6.2.4 Public Access In coordination with the aesthetic and biological enhancement of the wetlands, the City encourages low-impact public access to allow nature study and enjoyment of amenities. The City will investigate strategies to provide boardwalks, peripheral trails, interpretive exhibits and other educational facilities in or adjacent to coastal wetlands so long as such activities do not significantly disrupt any habitat values or impair the viability of the ecosystem. 6.3 CONCLUSION The City's coastal plan complements efforts by State and federal agencies to protect and enchance sensitive habitat areas. Principal objectives of the plan include: 63. Protection of significant habitat areas by requiring wetland enhancement and buffers in exhange for development rights. Improved contingency plans related to oil and toxic material spills to protect these high priority areas. Improvement of the aesthetic and biological quality of wetland areas. 64 . - ODU1::",: . l 1,'J�ti(L) OP S!il'IiIZ115U,:.` (),V ,. .I�c�l.:,,� ;.IIICA LOCAL (:UAi 1 LAN liY '1'll': CITY 01 11UN'I'UN *TON ON BEACH .f It is essential that the special interests of all the residents of Huntington Beach be taken into consideration as Bolsa Chica planning proceeds . Recognition of this duty to react to the plan led the City Council to direct that a statement be prepared for the LCP hearing before the board of Supervisors . In this statement, the City Council is. putting aside its polarization on the extent and nature of development in the Bolsa Chica in order to bring up issues and questions involving City inLerests, such as the City ' s participation in the planning process, possible traffic circulation problems , adequacy of fiscal information, and the potential annexation to the City . Let me begin with a word of appreciation to Supervisor Wieder. Following the discussion at the City Council meeting of December 7 , regarding- the proposed traffic circulation in the Bolsa Chica LCP and the limited financial benefits of the project to the City of Huntington Beach, unless there is annexation, Supervisor Wieder called a mect.iny of County and Ci t.y s L,1 f f . As a rostil t of th,.I L 1110btiny there will be in the fut:ui'L1 .vl(!,1r1y dol: iiwd by tho Ci t.y in Lhc plann.tn(l 1)rc.)c:ess and assessment of: effects of any plans oil the City . . Page 2 Recognizing that Orange County is the lead agency in the preparation of the Bolsa Chica LCP, the City ' s involvement has consisted primarily in commenting on the various products • submitted for public review by the County. The Bolsa Chica is completely within the City ' s sphere of influence; therefore, final planning for the area is of unique concern to the City. in the past, information concerning the Bolsa Chica planning has not always been received in a timely fashion which has limited the scope .of the City ' s comments. In addition, the City has not been consistently aggressive in its participation in the planning process. , • As an example, the fact that the conceptual plan of circulation depicted on the plan rec,o,nmcnded by the Orange County Planning Commission is inconsistent with the conceptual Flan the City has adopted as part of its Circulation Element only came to our attention recently. The Huntington Beach City staff tells us that the traffic generation rate and directional splits used by County staff differ substantially from City calculations and understate the projected traffic volumes on some arterial highways such as Springdale and Garfield. The City has proposed Bolsa Chica Street as the major route for nert.l)/south traffic through the Bolsa Chica area; however, the proposed County alig»ment of streets may shift the north/south emphasis to Springdale. • Page 3 In addition, our staff believes the proposed crossyap highway from Garfield to the new high bridge will be ineffective in the stated goal of relieving traffic on Pacific Coast Highway . This connector will require additional bridges and our existing Warner Avenue fire station could be badly located for response to Huntington Harbour. Until such time as — additional information is available justifying these changes , we feel that the existing County master plan of highways showing the extension of Bolsa Chica Street southerly across the Bolsa Chica property and connecting with Pacific Coast Highway northerly of the bluffs to be a more effective system than the crossgab highway and extension of Springdale Street to felt i.f ic: (bast II i ghwriy. 'i'here are other lnconsi.sL-encies which point up the fact that up to now the County planning effort has not adequately related to City Planning . One example is that we are now in the midst of developing specific plans for some of the adjoining areas which obviously should relate to the County plan. The Council would like to take this opportunity to urge the Boulyd of Sujzcrvisol. to take a position , }_prior to approval of the LCI' , on whether Lhe residents of Hunting Lon Harbour will be required to part. icipaLu Jll a special assessmcnL district to cover any projected costs to the Huntington Harbour residents rLilatlllCJ to -the use. of talc Detail entrallcc. t'llis is all issue of particular concern t_o the residents of the Harbour. Page 4 The preparation of the Bolsa Chica Specific Plan involves many issues which are of special concern to the City. These include the preciso location and description of tho ocean access as well as Lhe desiyn and layout of the wetland area. In addition, questions as to the impact of: ocean cuts on beach erosion need clear answers . A question raised in our City Council discussion related to the proposed conwier_cial development around the marina. There should be consideration of its relationship to existing conunercial uses iri Peter' s Landing and additional commercial designated for the Huntington Deach downtown in our LCP. `Nie market may not be able to support- tlio amount of conun(-,rci.al areas being prnposed by both the County and the City , resulting in a potential loss of revenue to the City . Similarly, public facilities and financing agr.cements as developed in the Specific Plan will affect the. levels of service required of the City. Updated financial information should be used for the preparation of the Flit to accurately idenL-if.y tlae total costs involved with t:he project. TI)e City r.equcsts that- wo fully pal.-Licipate in citl discussions of financial a(ireelllents as they will directly affect the residents of Huntington Beach and may ultimately influence potential annexation of the area. I'ayc S The County FIR process does not call for assessment of • financial impacts on the City. Because of the unique ' relationship of. the Bolsa Chica to Huntington Beach financial . impacts on Huntington Beach should be thoroughly analyzed. Once again, we appreciate Supervisor Wieder ' s responsiveness in having the office of the CAO provide a hurriedly done assessment of financial impacts on Huntington Beach this week . Bolsa Chica is recognized to be within the City ' s sphere of influence. For many reasons , past attempts to annex have been thwarted. If annexation does not take place, development in tho Bolsa Chica will. pt:ovi.de very l.ii,lited benefits to Clio Lax base o l: the City of Hun tiny ton Beach. 'lhercCurc , lie 11111st. he very i011cerned ,lhout the I)otential and ti.nling 0i annexation . As st;lted ill the hunt ingtun lie�lch LCP Section 6 , approved by the City Council l:.lst . .land try , llunt.iltl;tun 131;ach. ilttencis to pursue annexnt ion. We request the full coopel'at loll of the County lnd the 1 .1ndo%vners to achieve this r11d. In sununarv , t.110 city u1 Iltlnt ington Reach t'cclllc sl:s tut,ll ,111c1 ek1u;11 participation i.n the 1or111u1ation of all fllttlr•e I1lanning docunlerlts . We feel an active role by tllc City will brave to be 11111 tU,l llv beneficial to bath tl1r. Cunnt.\' and the City ol' Mintington lieacll . tZfsr)Lll'1'It)N No . 4840 A RESOLUTION Or THE CITY COUNCIL. OP THE' CITY • 01� HUNTINGTON BEACH REQUESTING THE; COUNTY 01 ORANGE; TO ACCEPT ADDI`l'IONAL CITY INPUT PJ THE: COUNTY LOCAL. COASTA1, PROGRAM POR 1101.:,A CHI CA Wllkltl?AS ; the County of Orange is .the lead agency for the preparation of the Local Coastal Program I'or the unincorporated area of Bol3a Chica; and The ultimate use of land in such area is of gveat concert to the City of Huntington Reach ; and The City of Huntington Reach and the County of Orange have it h13tovy of cooperative 'planning effort for the uninr.orpor:tted area of L:olsa Chica; and The CI t,y of 11untingtun Ilea 11 ha:; , III t.hw :;f, lrf t oi' coc)J,�: r•:,— •, t 1 nn , rtpj)ut ntecl to the, NoT.1,11 Ccrt:;t, l,or::t l 1 ['r �r;rant Advisory Commlttei; at re(pie,;t of tho Cowit,y of 0 t'a l ij."e ; Ind It is In the he.,;t lttter•e;;t., of both the City of Hurittrti;t.on Reach acid .the County of Orange that both agenele3 continue to ex- plore mean:; for cooperative planning for the unincorporated arc-t of Bolsa 1;ttica , NOW , THEREFORE, BE IT RESOLVED that the City Coun,;il or City of Huntington Beach respect: ully requests that tho rolo of the City of Huntington Reach In the COUnty Local Coastal L Prugram be expanded to Include tl►e fol 'Lowtng: 1 . The City Council shall review the propo.iod Local Cori:;t:tl Program Plan and make recot►unendations to the county Roavd oi' Supervisors prior to adoption of the plan by the Hoard ; and 2 . County and city staffs shall continue to work coopera- tively o:, all planning, nutters relating to the unincouporat"d /28/8U 1 . a Of Bolsa ChIca ; and 3 . The City of liuritington (teach shall. ,Jointly sponsor, put, I I n workshops with the County of Orange to ful fl t 1 the c tt i.,zen:; pat'Llcip.+Lion requirement of the Coastal Act . PASSED AND ADOPTED by the City Counctl of the City of • llunttngton Beach at a regular meeting thereof hell On the )ith riay of February, 1980 . Ma y o r M,rEST: APPROVED AS TO FORM: City Clerk ty AttoAi ey INITIATEU AND APPROVED: t y *Imr1i3 t'rator• 2 . . Ali ',I a:A1,I Ft►k`!I A 1 a aatr•I fY OF ORANGE ) ail: t,1 t Y OF lolly ING ON BEACH ) I,, ALICIA M. WEViVORNI, the duly elected, qual i f ir•rl e:il v CIcrk of Lite City of Iluntington Bench, and ex-officirl c:l('rk of thr• t:Ity c:otancLl of snid City, do hereby certify that the whole manLier tit members of the City Cutinci.l of the City of Iluntingtena Beach is Seven; that the foregoing resolution was passed and adopted by Lite afffrmativc vote of more than a majority of all the members of salt] City Council at a regular meeting thereof held on the � 4th day of February 19 £lO by the following vote: AYES: Councilmen: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NUES: Councilmen: None ABSEKf: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington beach, California li ."•:r :I:_tli 'S ai fC^f CUI'y of 1';. ,t�• ;1 .`�.'. is !�::, �'; r _.. ..�.......... ....... • 1 I RESOLUTION NO. 4580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • HUNTINGTON BEACH REQUESTING PREPARATION BY THE COUNTY OF ORANGE OF A LOCAL COASTAL PLAN FOR THE BOLSA CHICA FOR CONCURRENT REVIEW WITH THE HUNTINGTON BEACH LOCAL COASTAL PLAN BY THE SOUTH COAST REGIONAL COMMISSION WHEREAS, the City of Huntington Beach has an approved world program for the Local Coastal Plan by the South Coast Regional Commission; and The Bolsa Chica area under county jurisdiction is excluded from said plan; and The County of Orange is the responsible agency for the preparation of the Local Coastal Plan for the Bolsa Chica; and In order for the South Coast Regional Commission to reach a decision on the Local Coastal Plans for Huntington Beach and Bolsa 1:h1ca , It is Necessary to have both plans before the Commis:.ion for approval concurrently , NSW, THEREFORE, BE IT REISOLVED by the City Council of the City of Huntington Beach that it respectfully requests- the Boar,1 of Supervisors of the County of Orange to give the Local Coastal Plan for the Bolsa Chica a top priority , and that said plan be completed concurrently with the Local Coastal Plan for the city of liu►:t.ington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular me g thereof held on the 3rd day of January, 1978 . ATTEST Mayor City Clerk : C5 1 . REVIEWED AND APPROVED : APPROVED AS TO FORM.:. 4100, Ci / Administratorf� cc: Attor y INITIATED AND APPROVED AS TO CONTENT: Planning Director 2 . .i Iv ao.45ttU R S'TA'lE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do .hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted- by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of ihnuary , 1978 by the following vote: AYES: Councilmen: Bartlett, Wi.eder, Coen Gibbs, -Siebert, Shenkinan. pattinson NOES: Councilmen: Noue �� ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ,• (Jh,d y Sir — �z.e f 'e �� CITY OF HUNTINGTON EACH CA 84_3 1 �� COUNCIL - ADMINISTRATOR COMMUNICATION Coo-off-� i HUMINCToN BEACH — To Honorable Mayor and From Charles W. Thompson, City Councilmembers City Administrator Subject SERVICE AND DEVELOPMENT CONCERNSDate June 11, 1984 RE: BOLSA CHICA PLAN j Upon review of the Orange County plan for the Bolsa Chica, which was prepared by the county and the proposals being advanced by the state Coastal Conservancy, the city staff has identified several matters which are of concern to the city of Huntington Beach. Following the county's development of their proposal for the Bolsa Chica, the city direc- ted its principal focus on traffic and circulation, land use, service delivery, and ocean access issues. Based upon conditions addressing these concerns, the City Council indicated support for the county plan. Subsequently, the City Council set forth general policies ef- fecting this area in the "Coastal Land Use Plan" adopted in August 1982, Resolution #5147. In the Spring of 1984, the city became aware of certain proposals being made by the state Coastal Conservancy for development of the Bolsa Chica. Once again, it was mandatory that city provide input into this process in order to protect existing city development and to insure the workability of city plans already in place. I During this study period, the City Council directed that staff involve itself in discussions then underway. This involvement was again pointed toward the same general areas of con- cern - service delivery, traffic and circulation, ocean access and beach impact, and land use planning. Following numerous meetings involving the state Coastal Conservancy, county of Orange, state and county consultants, Signal Landmark, and city staff, there have emerged several I points of agreement. In addition, the city has been able to spell out and better identify its concerns as they relate to specific proposals of the county and the Coastal Conservancy. I Attached is a "Draft Proposal Language of Points of Agreement Between City and County Staff on Major Circulation Issues." It is believed that this draft will be acceptable to both city and county. In addition, the following seven points spell out the major aspects of traf- fic and circulation which are felt to be necessary to effectively integrate the Bolsa Chica traffic circulation plan with existing city plans. 1. Realign Edwards and connect with P.C.H. within the Bolsa Chica planned area. 2.- Drop down the cross-gap connector so it will not have a negative impact on the exist- ing residential units. 3. Talbert connecting to cross-gap connector. . 4. Realign Warner Avenue to allow for sufficient grade for a minimum twenty-five (25) i foot bridge. 5. A connector between the cross-gap connector and Warner Avenue to provide conven- ient circulation to the proposed commercial uses. -2- 6. Existing local street system to be accommodated by providing for similar adjoining land uses and for adequate neighborhood circulation. 7. Provide for Bolsa Chica Street connection to Garfield Avenue. It should be pointed out that the principal function of Pacific Coast Highway is a re- gional transportation link and also serves as an important scenic highway and coastal access. Service Delivery The Bolsa Chica is virtually completely surrounded by the city of Huntington Beach and is within the city's sphere of influence. Spheres of influence are designed because of the city's ability to serve the area with sewerage, water supply, police and fire services, and street and other public works services. In this regard, it is important that the planned circulation for the area maintain access for the Warner Avenue Fire Station, or provide for an alternate site if such access is not feasible or desirable. Second, due consideration should be given to service of the proposed development with water supply and sanitation facilities in order to minimize costs and on-going maintenance requirements. Due regard for cost-benefit ratios are fundamental to the development. Land Use Planning Of critical importance in this respect is that all land uses, as to type and density, should be compatible with existing land uses within the city. Ocean Access There are three primary city concerns about any proposed ocean access. They are: (1) Safety; (2) Preservation of the beach, and; (3) On-going maintenance costs. There are innumerable ways in which a plan can be formulated for the Bolsa Chica. It is the staff recommendation that whatever plan be proposed, the issues identified above should be adequately and satisfactorily addressed. Respectfu submitted, es W. Thompson, City Administrator CWT:pj Attachment r ' • *DRAFT PROPOSED LANGUAGE 4 OF POINTS OF AGREEMENT BETWEEN CITY AND COUNTY STAFF ON MAJOR CIRCULATION ISSUES BOLSA CHICA 1. WARNER AVENUE City and county staffs agree that Bolsa Chica development on the Bolsa Chica Mesa should be developed in a way that results in minimal direct access. 2. PCH REROUTE If the plan that emerges from the Coastal Conservancy HCP includes a PCH reroute, then city and county staffs share a number of concerns that would need to be recognized and addressed including, but necessarily limited to: (1) High projected daily traffic volumes on PCH, particularly between Bolsa Chica Street and Garfield Avenue. (2) High projected intersection traffic volumes at PCH/Bolsa Chica Street and PCH/Garfield Avenue. (3) VMT, safety, and level of service impacts on rerouted PCH through traffic - PCH functions as a regional highway. (4) Penetration of through traffic into existing city arterial system. City and county staffs generally agree that (1) and (2) above would need to be mitigated for the plan to function effectively, subject to the level of land use eventually approved. City and county staffs also agree that (3 and (4) above would probably include some un- avoidable adverse impacts which could not be mitigated. 3. ACCESS LINK TO PCH ON OR NEAR THE HUNTINGTON BEACH MESA (IF PCH IS NOT REROUTED) City and county staffs agree that there is a projected need for one access route parallel to the Huntington Beach Mesa bluff line within the Bolsa Chica planned area. There are a number of possible alignments for accomplishing this. As long as one such route is provided, the plan will function effectively. i • CITY OF HUNTINGTON BEACH CA 84-31 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINCTON BFA01 To Honorable Mayor and From Charles W. Thompson, City Councilmembers City Administrator Subject SERVICE AND DEVELOPMENT CONCERNSDate June 11, 1984 RE: BOLSA CHICA PLAN Upon review of the Orange County plan for the Bolsa Chica, which was prepared by the county and the proposals being advanced by the state Coastal Conservancy, the city staff has identified several matters which are of concern to the city of Huntington Beach. Following the county's development of their proposal for the Bolsa Chica, the city direc- ted its principal focus on traffic and circulation, land use, service delivery, and ocean access issues. Based upon conditions addressing these concerns, the City Council indicated support for the county plan. Subsequently, the City Council set forth general policies ef- fecting this area in the "Coastal Land Use Plan" adopted in August 1982, Resolution #5147. In the Spring of 1984, the city became aware of certain proposals being made by the state Coastal Conservancy for development of the Bolsa Chica. Once again, it was mandatory that city provide input into this process in order to protect existing city development and to insure the workability of city plans already in place. During this study period, the City Council directed that staff involve itself in discussions then underway. This involvement was again pointed toward the same general areas of con- cern - service delivery, traffic and circulation, ocean access and beach impact, and land use planning. Following numerous meetings involving the state Coastal Conservancy, county of Orange, state and county consultants, Signal Landmark, and city staff, there have emerged several points of agreement. In addition, the city has been able to spell out and better identify its concerns as they relate to specific proposals of the county and the Coastal Conservancy. Attached is a "Draft Proposal Language of Points of Agreement Between City and County Staff on Major Circulation Issues." It is believed that this draft will be acceptable to both city and county. In addition, the following seven points spell out the major aspects of traf- fic and circulation which are felt to be necessary to effectively integrate the Bolsa Chica traffic circulation plan with existing city plans. 1. Realign Edwards and connect with P.C.H. within the Bolsa Chica planned area. 2. Drop down the cross-gap connector so it will not have a negative impact on the exist- ing residential units. 3. Talbert connecting to cross-gap connector. 4. Realign Warner Avenue to allow for sufficient grade for a minimum twenty-five (25) foot bridge. 5. A connector between the cross-gap connector and Warner Avenue to provide conven- ient circulation to the proposed commercial uses. -2- 6. Existing local street system to be accommodated by providing for similar adjoining land uses and for adequate neighborhood circulation. 7. Provide for Bolsa Chica Street connection to Garfield Avenue. It should be pointed out that the principal function of Pacific Coast Highway is a re- gional transportation link and also serves as an important scenic highway and coastal access. Service Delivery The Bolsa Chica is virtually completely surrounded by the city of Huntington Beach and is within the city's sphere of influence. Spheres of influence are designed because of the city's ability to serve the area with sewerage, water supply, police and fire services, and street and other public works services. In this regard, it is important that the planned circulation for the area maintain access for the Warner Avenue Fire Station, or provide for an alternate site if such access is not feasible or desirable. Second, due consideration should be given to service of the proposed development with water supply and sanitation facilities in order to minimize costs and on-going maintenance requirements. Due regard for cost-benefit ratios are fundamental to the development. Land Use Planning Of critical importance in this respect is that all land uses, as to type and density, should be compatible with existing land uses within the city. Ocean Access There are three primary city concerns about any proposed ocean access. They are: (1) Safety; (2) Preservation of the beach, and; (3) On-going maintenance costs. There are innumerable ways in which a plan can be formulated for the Bolsa Chica. It is the staff recommendation that whatever plan be proposed, the issues identified above should be adequately and satisfactorily addressed. Respectful submitted, es W. Thompson, City Administrator CWT:pj Attachment DRAFT PROPOSED LANGUAGE OF POINTS OF AGREEMENT BETWEEN CITY AND COUNTY STAFF ON MAJOR CIRCULATION ISSUES BOLSA CHICA 1. WARNER AVENUE City and county staffs agree that Bolsa Chica development on the Bolsa Chica Mesa should be developed in a way that results in minimal direct access. 2. PCH REROUTE If the plan that emerges from the Coastal Conservancy HCP includes a PCH reroute, then city and county staffs share a number of concerns that would need to be recognized and addressed including, but necessarily limited to: (1) High projected daily traffic volumes on PCH, particularly between Bolsa Chica Street and Garfield Avenue. (2) High projected intersection traffic volumes at PCH/Bolsa Chica Street and PCH/Garfield Avenue. (3) VMT, safety, and level of service impacts on rerouted PCH through traffic - PCH functions as a regional highway. (4) Penetration of through traffic into existing city arterial system. City and county staffs generally agree that (l) and (2) above would need to be mitigated for the plan to function effectively, subject to the level of land use eventually approved. City and county staffs also agree that (3 and (4) above would probably include some un- avoidable adverse impacts which could not be mitigated. 3. ACCESS LINK TO PCH ON OR NEAR THE HUNTINGTON BEACH MESA (IF PCH IS NOT REROUTED) City and county staffs agree that there is a projected need for one access route parallel to the Huntington Beach Mesa bluff line within the Bolsa Chica planned area. There are a number of possible alignments for accomplishing this. As long as one such route is provided, the plan will function effectively. `fi. A f s tr l 6 v +-e� q1—✓ 4-1(0—ry ►»'e eff T��o.lr 'D�v S�v✓ �roseTn� � 2 � � � �� � DO f--• E CITY OF HUNTINGTON SEA INTER-DEPARTMENT COMMUNICATION APR 1 1 i�taw HUNTINGTON BEACH ` CITY OF HUNTINGTON 6El1Cfl ,o ADMINISTRATIVE OFFICE To Charles W. Thompson, James W. Palin, Director City Administrator Development Services Subject UPDATE ON THE COASTAL CON- Date April 10 , 1984 SERVANCY'S BOLSA CHICA PLANNING EFFORTS FOR CITY COUNCIL REVIEW The Coastal Conservancy was given the responsibility by the State Legislature to develop a plan for the Bolsa Chica with input from Orange County EMA, Department of Fish and Game and the Coastal Commission staff. Their plan must be completed by the established June 20 deadline. As the bill now stands, their plan will be a recommendation by the Conservancy. There is presently an amendment being proposed to the bill which would require the Conservancy Plan to be the Bolsa Chica Land Use Plan without further approval by the Coastal Commission. To date, City staff has met three times with the State Coastal Conser- vancy to review their progress on the Bolsa Chica Land Use Plan. At the first meeting on March 19 , the Conservancy staff reviewed the concepts of this plan; the major points are listed below. Conservancy EMA 900 acres of wetland 600 acres 1, 000 boat slip marinas 1 , 800 slips Natural ocean cut Fully navigable ocean cut Dwelling units 5,700 dwelling units Possibility of rerouting PCH inland 10-12 acre desilting basin The second meeting with the Conservancy took place on April 3 . At that meeting, the Conservancy went into more detail on their plan and stated that their primary concern was the number of acres of wetlands to be restored as well as the nature of their restoration. The rationale for their other planning efforts was to come up with an economically feasible plan so Signal could have a development that would pencil out and at the same time restore 900 acres of wetlands. The Conser- vancy also stated that EMA could possibly already have 780 acres of wetlands by only slightly modifying this existing plan instead of only 600. Thus, this would only be 120 more acres needed to come up to the Conservancy ' s desire for 900 acres . On April 6 , City staff monitored a meeting between Signal , the Con- servancy, EMA, Department of Fish and Game and PBR. The primary purpose of that meeting was to only discuss the nature of the wetlands restoration and not the number of acres to be restored. It appears the Conservancy and EMA will be able to come up with a compromise to accomplish their agreed-on goals listed below: 1. High habitat diversity 2. Minimum development cost 3 . Create habitat for endangered species 4 . Private amenities for developer (public acceptance) 5. Predictability of success. Their next meeting is scheduled for April 12 in Oakland to discuss the design of the ocean cut, the economics and the number of acres of wetlands. The Coastal Conservancy Board is scheduled to hold a hearing on the Conservancy Plan on April 19 , in Sacramento. There will still be an opportunity to provide. input on the Conservancy Plan after the hearing date. We may want to consider having City representation at the April 12 and 19 meetings. JWP:FW: jlm • 4 i Rac um.cam 13 11 na[v oortwn ovwm ►g MN. ' u+'` w4 oewrY iesoe+ritic -- ♦ i'/ is — 1 i r is13 ,o •�� s' woo aP% _ aavWrt n'°oa �a� " I : \ w(tiwl►awt WAPOL L Acckg& UTTLJO s.Nn fe; 1/ / ,.jm.ar ,-- - '`'y` ....-Jr' Arno...Rsa..c�s rt�s oa c? ra,.oc.n.n ar�or: �• J "a rupwi ocaw..azx �;WRfM�rC1��d MC I V1: 1 �1 [?X1i1131T A-3 M�r r•.(sue "Anx USE♦CCU se } Ft oco C ► i CKA�+MM*"1 4 eM ,• J C. TVVtACmMVWOM'Epe 14 !� _,oc . I AFe-A r ,000 are .w 'Le'riNo1a+ ijspa" `'� �!.•-�Y I\... � CITY OF HUNTINGTQN BEACH �tJvNu� M�'i�t; INTER-DEPARTMENT COMMUNt ATION Q /�r►, HUNTINGTON BEACH To Charles W. Thompson o 49James W. Palin, Director City Administrator 4 Development Services Subject Resubmittal` of Orange County' Date December 13, 1983 Land Use Plan for Bolsa Chica The Orange County Environmental Management Agency (EMA) will seek authorization from the Board of Supervisors on December 20, 1983 to resubmit the previously approved Bolsa Chica LCP along with new supplementary information to the Coastal Commis- sion for a hearing in early 1984. The plan which would be submitted is the same one which was reviewed by the Coastal Commission in 1982. The County will be providing clarification and supplementary materials to better interpret and justify the adopted plan. Attached herewith is a copy ,of a letter to the Coastal Commission from the Huntington Beach City Council dated July 21, 1982 which supports the County' s plan and critiques the Coastal Commissior: ' s alternative. The City Council voted to support the County plan at its July 19, 1982 meeting. Since the plan which is to be re-- submitted is the same plan the Council supported in 1982, they may wish to take an action reiterating their support befcr the Board of ,Supervisors votes to resubmit the plan on December 20, 1983.� ," The'_.Council could authorize the Mayor or staff to attend- that meeting and testify in favor of the plan. The City recently received an update from the County EMA on the progress of the various studies being conducted in conjunction with the Bolsa Chica LCP. This is also attached for your in- formation and that of the Council. Attachments: 1. Letter from City Council of July 21, 1982 2. Memo from EMA JWP:JAF:jaf 1F -�� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 Cam ' OFFICE OF THE. i19r\YOR July 21, 1982 The honorable Naomi Schwartz , Chairwoman California State Coastal Commission Y 63.1 IIok.,ard Street, Fourth Floor San Francisco, California 94105 Dear Chairwoman Schwartz : The matter of adopting a General Land Use Plan for the Bolsa Chica is now before the CoasL-al Commission and is a matter of great concern to the City of Iluntington Beach. The development of this area will be an extension of the development of the city of lluntington Beach , and will have a great influence on the char- acter and duality of life of this city for many years to come . The Bol.sa Chica i.s virtually surrounded by the city of llunt.i.ny- ton Beach and totally within the city ' s sphere of influence. As such, the city has had a continuing interest and has reviewed and offered recommendations to the County of Orange regarding the County L. U. P . In view of these considerations , the County of Orange adopted on December 16 , 1981 , Resolution No. 81-1806 acknowledging the city ' s interest- and indicating willingness to provide for the city ' s participation in the development of the Bolsa Chica , and there- fore included the city in the planning process . In addition, the City of Huntington Reach and the County of. Oranges have entered into a cooperative aclreement to plan and acquire a lin ear park which provides a connector along the bluff lane from the City ' s Central Park to the coastline. This area serves as the east - ern boundary of the Bolsa Chica . The City Council has also indicated a. policy direction to achieve the annexation of the Bolsa Chica . Specifically, the City wishes to record its opposition to the Coastal Commission staff ' s L.U . P . diagram alternative to L-he Orange County Ilan due to major shortcomings in the following areas : 1. It would create traffic and circulation problems which a proper land use plan would avoid; 2 . Arterial. alignment is not in accord with the City ' s adopted arterial alignment; TI(I-I•:I'IIu,VP (7I 1)536-5553 . Chairwoman Schwar• -2- • July 21 , 1982 3. The plan would cause serious safety and fire access problems through the isolation of the Warner. Avenue Fire Station and the elevation of the Warner Avenue bridge; 4 . The plan .is lacking in F_he provision for proper tidal. flushing within the wetland areas ; and 5 . The plan would create serious impacts as a result of the high density residential. development: on the Bolsa Chica Mesa and would be detrimental to the Quality of the general area and create interface problems with the City ' s existing residential areas . Since the City Council is the principal elected body representing this r area, and having spent many years •worki.ng and living in this area , the City of Huntington Beach wishes to go on record as endorsing the con- cept embodied in the County ' s L. U.P . , acknowledging there may be minor adjustments in the plan which would improve its overall desirability . These changes although minor in nature could result in further improve- ment in the traffic circulation, arterial alignment , improvement in public safety response and could reduce the number and height of the bridges proposed and could more specifically address the precise loca- tion and size of the ocean access. of special interest to the City are the long range fiscal impacts which are imposed by development, i . e. , street maintenance , traffic control , fire and police services , park maintenance , library ser.v.ices , sani. Lary and storm drainage requirements , water service , recreational require- ments , etc . The County has included a fiscal impact review in which the City has been involved . In indicating its general approval of the County L. U. P. the City wishes to also request that it be included as a full participant in all ad.iust- ments and negotiations regarding the Bolsa Chica L. U . P . Sincerely, J C.i.ty Council Plembers City of Huntington Beach RPM/ClgT: pj r �• i is S. Is._ C <<:�a LC?� �,. r;`Fe50-iz3.i County of Orange J 'Q • • NTT�1,y�-tt��},l 983 " --- T0— Distribution List DEFT%DIST: DEVELOPMENT SERVICES l FROM . `` Robert G. Fisher, Director of Planning/E�IA _ DEC 1 4 1 3 r � SUBJECT: Update on Bolsa Chica 1983 Planning, Activity --- -80x190!� Huntington Beach, CA 92648 During 1983, E11,1A has concentrated on three basic areas of planning activity with regard to Bolsa Chica: 1) Negotiation of an Agreement with the Corps of Engineers for local sponsorship b;• the Countv and the California Department of Fish and Game of the Sunset Harbor/3olsa Chica Feasibility Study; 2) Preparation of materials to address the substantial issues which the Coastal Commission found with our I.CP; 3) development of a Habitat Conservation Plan with the Coastal Conservancy and Department of Fish and Game. EMA intends to seek Board of Supervisors authorization. on December 20, 1983 to resubmit the previously approved LCP along with new supplementary information to the Coastal Commission for a hearing in early 1984. I. CORPS OF ENGINEERS At the end of August, 1983, all parties participation; in the negotiations for local sponsorship by the County and DFG of the Corps ' Sunset Harbor Study had agreed to the terms of the proposed Agreement , Scope of Work, Budget , and Schedule ("Agreement") . Under the Agreement, the Corps will complete technical , planning and environmental impact studies which will result in a report to the U. S. Congress recommending whether the federal government should participate financially in the construction of a navigable ocean entrance, interior channels, and basins in conjunction with a marsh restoration project at Bolsa Chica. The Corps estimates that the Study will take 21 months and $490,000 to complete. The Study will include: Development and assessment of alternative plans for the area; a joint EIS/EIR, numerous cost/benefit and in-field environmental studies as well as evaluation of previously prepared documentation; and a public and interested agency participation program as part of the EIS/EIR Scoping process. The funds for the Study will be made available principally by the County of Cange via a reimbursement agreement with Signal Landmark; and $50,000 has been appropriated by Congress for the Study during this fiscal year. Although the Local Sponsors and the Corps L. A. District staff have concurred with the Agreement as proposed, the Corps is still in the process of obtaining final review and approval from its higher authorities at South Pacific Division Headquarters, and from the U. S. Congress. The County is hopeful that these approvals will be forthcoming shortly so that the Study may begin in earnest in early 1984. II. LOCAL COASTAL PROGRAM SUPPLEMENTARY INFORMATION AND HABITAT CONSERVATION PLAN The LCP Land Use Plan, policies and programs as originally submitted are being augmented by supplementary information clarifying and amplifying the Plan and policies approved by the Board of Supervisors in January 1982. Specifically, the County has responded in detail to the nine substantial and other issues raised bv_ Coastal Commission staff and Commission in 1982 as follows. A. WETLANDS The Habitat Conservation Plan process mandated by Senate Bill 429 (chaptered as Section 30237 of Lho Coastal Act ) will be the primary means by which the lonCstanding dispute over extent and type of wetlands and their relationship to other planned uses will be resolved. The County is working actively with the Coastal Conservancy to develop the details of the Habitat Conservation planning process which will result in completion of an acceptable HCP by the Jule 20, 1984 deadline mandated by SB429. At the time of anticipated resubmittal hearings by the Commission in early 1984 , the Conservancy has stated that it expects to have a HCP plan available for Coastal Commission review. The County will include illustrative plans and narrative of proposed edge conditions for the marsh system, and statements regarding the LUP consistency with the feasibility and wetlands restoration policies of the Coastal Act in the LCP Supplementary Information document . B. GEOLOGY The Coastal Commission stated in their staff reporL of November 1982 that the County had failed to adequately recognize and Man for the geotechnical hazards -- principally faulting, liquefaction, and subsidence -- which could threaten the area under implementation of the Land Use Plan. At the request of the County, Signal Landmark has engaged Woodward-Clyde Consultants (WCC) to conduct literature review and field studies to gain a more precise understanding of the geological characteristics of the area and to make recommendations for any modification to the LCP that might be needed to assure that public safety is adequately protected. Woodward-Clyde representatives have met with EIMA staff --including County geologists -- on several occasions to present ongoing work. In October and November, WCC excavated trenches on Bolsa Chica and Huntington Mesas and found evidence of faulting in the exposed sediments, generally in the locations indicated by the previous mapping used by the County in developing the Land Use Plan. Representatives of agencies having a regulatory or review role (including the State Division of Mines and Geology, and the Coastal Commission) were invited to inspect the excavations. County geologists and those of the State Division of ?fines and Geology are presently reviewing and commenting on hoodward-Clvde's findings, which will be summarized in the Supplementary Information package. The general finding of the extensive field work is that the County was correct in its original planning assumptions with respect •to hazards. However, the new data provides much more specific information regarding the nature of potential hazards and appropriate feasible mitigation measures. C. ACCESS During the 1982 hearing process, the Coastal Commission indicated that the. County had failed to provide <;de(Ii-late lateral and vertical access in the following areas : 1) visitor-serving/public marina facility and 2) proposed waterfront areas in the lowland. In addition, staff indicated that the County had failed to mitigate the interruption of lateral and vertical access along the beach area at Bolsa Chica State Beach, and along Pacific Coast Highway that would result from construction of the ocean entrance and Pacific Coast Highway bridge. The County has responded to these concerns by clarifving its intent to provide unfettered access throught the marina developing a superior access program demonstrating through additional detail how the Access Plan as originially submitted with its recreational Modes concept provides superior access and greater variety of recreational opportunities than that which would occur under Commission staff suggested modifications ; and providing additional design detail and narrative to indicate how access lost at the State Beach and Pacific Coast Highway aill be compensated for and new access and recreation opportunities created as a result of a navigable ocean entrance. I). RECREATION AND VISITOR-SERVING FACILITIES Coastal Commission staff stated that the County failed to provide adequate detail regarding boat launching dry storage and overnight lodging facilities in the Land Use Plan. At the request of the County, Signal Landmark retained International Tourism and Resort Advisors (INTRA) and Williams-Kuekelbeck & .Associates to complete market demand studies for visitor-serving and marina support facilities to provide additional detail regarding the demand for the character of the uses noted above, all of which have always been intended for inclusion in the Land Use Plan. These studies have generally reconfirmed the County' s planning conclusions for the proposed visitor-serving marina. The studies are currently under review by several County departments. E. ENERGY FACILITIES The Coastal Commission contended that the County failed to .provide sufficient detail as to how the Land Use Plan would accommodate existing and future oil production vis-a-vis the various LUP component uses. In response, an ener;;ti• facilities plan demonstrating several feasible scenarios occurring over i 20 year period has been developed. Design studies showing how oil production activities can be compatibly accommodated with marsh restoration have also been prepared 'Phis supplementary detail has been assembled generally pursuant to the programs outlined in the Energ.; Facilities and LCP Phase II1,S )ecific Plan Scope of ;-fork Components. F. PUBLIC WORKS The Commission cited two main <;ruas at issue with respect to PYiblic Works: 1) lack of specificity and detail and failure to mitigate potential adverse impacts related to co-istructing the ocean entrance and 2) the potential conflict of boating recreation uses with Metropolitan Water District prospective uses on their property in the lowland. 1. Ocean Entrance In (larch 1983 , the County received the Corns of Engineers Sunset Harbor Study Progress Report which illustr.:ted in fairly explicit detaii several tech_nic_n_ lly feasible navil;c i,ic ocean entrance alternatives . Several of these alternatives closely reSC;!1hle the County Plan intent in this re?ard. These alternatives also describe methods by which potential beach sand erosion problems can be mitigati'd. The County In the Recreation -recess , Visual and Scenic Resources Supplementary h._s also analyzed information components how its ocean entrance pl.rn is consistent with the feasibility definition of the Coastal Act Section 30108 and the specificity requirement: of Scction 30108. 5 . l 2. `letropolitan Water District Transrni: sion Corridor The Coastal Commission Staff Report found that the designation of recreation/visitor-serving uses and the ocean entrance on Metropolitan water District fee title and easement land at Bolsa Chica would adversely affect MWD' s ability to implement coastal-dependant water supply options (e.g. , seawater desalinization facilities) at Bolsa Chica. The County disagreed with this contention and has prepared LUP policy intent clarification and amplification through additional narrative describing MWD's rights and past planning activity for their property. Also provided in the Supplementary Information package are procedures and design guidelines for precise planning; that rill assure that .fWD's ownership and use rights are fully protected in the context of the other uses proposed in the Land Use Plan. C. VISUAL AND SCENIC RESOURCES EMA is responding to Coastal Commission concerns in this issue area through design studies depicting how the proposed ocean entrance bridge can be designed to mitigate adverse visual. effects. Additional illustrative plans and narrative clarifying the Count,:' s intent to protect and enhance bluffs in the area as well as how lc::lan,i landforms will be treated are also being prepared. ~ H. ARC8AE0L0CICAL RESOURCES The Coastal Commission Staff report rzj ,cd s`6scantiol issue with the LCP Archaeological Element policies and [rn�,.''.q ` indicating that the remaining archaeological resources at O8A-83 on arl,x Chica Mesa were not adequately protected pursuant to Coastal Act requirements and guidelines . The staff report also stated that the LC|` i.i }od to provide for peer review and consultation with affect-ed NaLi,e Aprric^na. ' In response, CMA has endorsed the implcm,n/xIli"n of o D,, irx Research Program (site csc:vaLion and analysis) such as that .r,y^rcJ by Scientific Resource Surveys for Signal Landmark. L3A }/cl (r,,, that comprehensive cxcaveLinn of the highly disturbed 0KA-83 (.r co'swn,} site is the ! best means to protect: and determine the cultural significance of any remaining archaeological resources. The Design Research Program has undergone peer review and consultation by several archaeological professionals and by the spokesperson for the Juanuon Band of Mission Indians, all of `hum have responded favorably to the Programs ' s methodology. l. LAND USE SPECIFICITY / The Coastal Commission cooLcndcJ Lhxt. the Land Use Plan lacked /x[ [iciuu dcLail regarding the bindu, location, and int-cnnit> of land oses, etc . and was therefore inconsistent with Scctio'` 30108. 5 of the Coastal Act. While the County L/licvcJ that its plan as originally subnjcLed was ,u[ficicoLly d,tailcJ for level of specificity gcn,rally provided in LCP Land Use Plans. The Supplementary Information package noted above represents EHA'o comy,ch,nxivc rcnrnnsr to this substantial ivxx,. Nuch of Lhc additional detail has bccn completed pursuant to the 8nlsa Chica Specific Scope of Work. ' J . FEASIBILITY In its staff report, the Commission stated that the County had failed ' to provide any explicit analysis bm' the Land Use Plan was the least environmentally damaging feasible alternative under Sections 30108. | 30233 and 30411 of the Coastal Act. EMA is completing this analysis � i in the relevant sections of the Supplementary Information package. Included in the analysis is a discussion of previously documented information which will clarify and expand upon technological , environmental , economic and social feasibility factors ; and u description of mitigation measures to minimize any adverse environmental effects so as to demonstrate how the County reached its conclusion that the� Land Use Plan is the most environmentally enhancing and only feasible alternative consistent with Coastal Act policies. G8Y: j8 (MS-81-013) ' Distribution list : Supurvisor Wieder, Second District Michael Fischer, California Coastal Commission Joseph Petrillo, California Coastal Cons-rvancv Shirley Detloff, Amigos de Bolsa Chica Lorraine Faber, Amigos de Bolsa Chica Lindell Marsh, Nossman, Guelhcr , Knc:: Col . Paul Taylor, Corps of Enf,inecrs Fred [1orthley, Dept . of Fish and Game Roger Dunstan, Stater Lands Comri:i ,;sion Steve Kaufman, Attorney General ' s Office Jim Patin, City of Huntington 'Beach Robert Gough, MCLropuliLan [:tiler District William, Allen, Signal Landmark Darlene Frost , Signal Landmark Bill Phillips , PBR TaJeri Chennela -- Administration Dote 1/17/84 i I I I Jeri , Hers` are 7 conies of Lorraine Faber's letter for Council . Gnus 1 for Mr. Thompson - Palin €>. Cook P.S. Y sent Palin'sMook's f� Connie I .�. .._: .._., Signed I I I I Date Signed Rodif?. 45 465 SEND PARTS I AND 3 WITH CARBONS INTACT. Poly Pok(50 so,14P465 PART 3 WILL BE RETURNED WITH REPLY. B 11g OS eBelsa P.O. BOX 1563 .HUNTINGTON BEACH, CA 92647 . (714) 897-7003 Chica January 13, 1984 To the Honorable Mayor and City Council Members, A private developer's lobbyist is currently making the rounds asking Orange County' s various city councils to endorse their coastal development project via your approval of a provided sample resolution. Therefore I believe that Signal Landmark's Bolsa Chica resolution, if not before you now, will undoubtably be brought to your attention soon. Although this resolution reads as though such development endorsement is akin to apple pie, motherhood and boy scouts, it should be obvious that if the development, financing, recreational and ecological issues to be resolved at the Bolsa Chica were simple and non-conflicting they would have been long ago resolved and construction under way. I would like to bring a few important points to your attention that require consideration in any support/opposition position taking. Public opinion throughout the county is sharply divided. Opposition petitions circulated by grass roots methods produced more than 20,000 signatures and Signal's direct mail support petitions to registered boat owners produced a like amount. Public improvement costs for the Bolsa Chica exceed $110,000,000 under the county/Signal plan yet few confirmed funding sources have been identified. Financial viability is evaporating for the large commercial/tourist area proposed adjacent to the marina to offset marina operating losses. Long term disruption of Pacific Coast Highway traffic will occur as a 800 foot wide channel is cut through the highway and a 50 foot high, six lane traffic bridge is built. Thousands of ocean beach bathers who regularly fill Bolsa Chica State Beach to capacity each summer will be displaced by construction disruption and the permanent loss of +1,000 linear feet of ocean beach front for the channel opening. The incompatability of marinas and waterfront residential communities imediately adjacent to coastal wetlands has been so well documented that it is recognized both by state and federal laws, yet the Ccunty/ Signal plan will almost encircle such wetlands greatly reducing biological productivity. Property rights in the historic tidelands of the Bolsa Chico are currently under challenge in the California Supreme Court. The courts could decide that the public owned or has public trust rights on property Signal Landmark plans to build on. � - inued In the event your body should decide to consider taking a position regarding the future of the Bolsa Chica I would appreciate appropriate notification and the opportunity for a Amigos de Bolsa Chica spokesperson to address your body. In addition to the telephone number listed on the letterhead, I am available at my business at ( 213) 431-7040 and at home at (714) 897-3994. Your kind consideration will be appreciated. Sincerely yours, Lorraine Faber President . • REQUE f FOR CITY COUNC ACTION • oze3 k. .3� 1 Date June 13 , 1984 Submitted to: Honorable Mayor and City Council y Submitted by: Charles W. Thompson, City Administr 0v9� Prepared by: James W. Palin , Director of Development Serving, Subject: A RESOLUTION TO THE COUNTY OF ORANGE AND OAS •(1l `� CONSERVANCY REGARDING THE LAND USE PLA HAB T rGl�4 CONSERVATION PLAN FOR THE BOLSA CHICA Statement of Issue, Recommendation, Analysis, Funding Source, Alternative ctio , chments: STATEMENT OF ISSUE: At its June 11, 1:984 study session, the City Council directed staff to pre- pare a resolution to the County of Orange and to the Coastal Conservancy stating the City' s concerns regarding the County' s Land Use Plan (LUP) and the Coastal Conservancy' s Habitat Conservation Plan (HCP) . If the resolu- tion is adopted, it would provide a formal mechanism by which the City' s concerns will go on record to both the County and the Coastal Conservancy. RECOMMENDATION: *Adopt the attached resolution regarding the City' s position on the planning efforts for the Bolsa Chica and direct staff to send it to the County of Orange and the Coastal Conservancy. ANALYSIS : This City has been involved with the Bolsa Chica for a number of years. Listed below is a chronology of the City' s participation in the Bolsa Chica planning process. This list has been prepared with the most recent actions you have taken first, proceeding back to prior actions. Date City Council Action June 11 , 1984 Council directed staff to prepare a resolution regarding the City' s concerns on the County' s LUP and the Coastal Conservancy' s HCP . April 16 , 1984 Council directed Jim Palin to attend the April 19 Coastal Conservancy Board hearing to verbally express the City' s concerns regarding the Conservancy ' s draft HCP. August 2 , 1982 The Council adopted Resolution No. 5147 to update and refine the City Coastal Element. • PIO 4/81 B01sa Ch.-_ca Resolutica r June 13, -_984 Page 2 Da City Council Action • July 19 , -982 T*ne City Council directed the City Attorney' s office to draft a reso__ut.icn to send to the Coastal Commission in support conceptually of the County' s plans. Because of inadequate time, a letter was drafted and no resolution was prepared (see attachment) . June 20, 1982 Council approved a motion to send Councilman Ron Pattinson to Sacramento to support the County' s Local Coastal Plan for the Bolsa Chica and revised SB 493 at t_.e June 29 , 1982 hearing. December 14 , 1981 Council approved a draft statement on the County' s Bolsa Chica LU? to be presented to the County Board of Supervisors on December 15, 1981 by Mayor Ruth Finley (see attachment) . January 19 , 1981 The Council adopted Resolution No. 4954 adopt- ing the City' s Local Coastal Program in the form of the Coastal Elenent of the General Plan. Within the adopted element, Section 6 (pages 61a and 62) states the City' s concerns regarding the Bolsa Chica (see attachment) . February 4 , 1980 Council adopted Resolution No. 4840 requesting the County of Orange to accept additional City input in the County Local Coastal Program for the Bolsa Chica (see attachment) . July 3 , 1978 The City Council considered annexing the Bolsa Chica, but the motion failed. January 3 , 1978 Council adopted Resolution No. 4580 requesting preparation by the County of a Local Coastal Plan for the Bolsa Chica for concurrent review by the South Coast Regional Commission with the Huntington Beach Local Coastal Plan (see attachment) . FUNDING SOURCE: None needed. ALTERNATIVE ACTIONS : 1 . Do not adopt the resolution. In this event, -the City will not officially go on record as to having any concerns regarding the Land Use Plan or the Habitat Conservation Plan. • 2 . Modify -the resolution reflecting issues that should be added, deleted , or amended . Bolsa Chica Resolution June 13 , 1984 • Page 3 ATTACHMENTS : 1 . Resolution 2. Letter to State Coastal Commission dated July 21 , 1982 3 . Resolution No. 4954 adopting the Coastal Element 4. Section 6 - Environmentally Sensitive Habitats 5. Statement to the County Board of Supervisors 6 Resolution No. 4840 requesting additional City input to the County' s Bolsa Chica LUP 7 . Resolution No. 4580 requesting preparation of Bolsa Chica LUP for concurrent review with City' s document CWT:JWP :FW:df • RESOLUTION NO. 5147 A RESOIJITION OF THE CTTY COUNCIL OF' 'IHE CITY OF HUNTINGTON RE,AC11 REIVISING THE CCASTAL ELEMENT OF THF; GENERAL PLAN WHERFAS, the City Council of the City of Huntington Beach desires to update and refine the Coastal Element of the General Plan to meet the needs of the community better ; and A public hearing on the proposed changes and additions to the element was held and a report on those changes and additions was prepared by the Planning Commission, NOW, THEREFORE, RE IT RESOLVED that tt-e City Council hereby approves the changes and additions to the Coastal Element listed In the Planning, Commission' s report , attached hereto ar by tiis reference made a part hereof. FASSFD AND, ADOPTED by the City Council of the City of 1hintington Beach at a regular meeting thereof held on the 2d day of August , 1982. Mayor ATTEST : APPROVED AS TO FORM: ,ify Clerk City Attorney . � . W,'1VI1?'ri_ ,ll_ AND APPROVED : INITIATED AND APPROVED : C=ty Administr<L r irector cf Development Services RESOLUTION N0. 5391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE AND THE COASTAL CONSERVANCY TO CON- SIDER THE CONCERNS OF THE CITY REGARDING THE COUNTY LAND USE PLAN AND THE CONSERVANCY'S HABITAT CONSERVATION PLAN FOR THE BOLSA CHICA WHEREAS, the Bolsa Chica is virtually completely sur- rounded by the city of Huntington Beach and is within the city' s sphere of influence; and The ultimate land use in the Bolsa Chica is of great con- cern to Huntington Beach; and The County of Orange is the lead agency for the preparation of the Local Coastal Program for the unincorporated area of the Bolsa Chica; and The County of Orange has submitted the Bolsa Chica Land Use J' Plan to the Coastal Commission for its review and approval; and The state Legislature has charged the Coastal Conservancy with the responsibility of working in conjunction with Signal Landmark, the state Department of Fish and Game, and the County of Orange to prepare a Habitat Conservation Plan by July 20 , 1984 ; and The City of Huntington Beach, in the spirit of cooperation, has been working with the County of Orange and the Coastal Conservancy to address issues of concern the City of Huntington Beach has regarding the Bolsa Chica •Land Use Plan; and It is in the best interest of all concerned agencies that cooperative planning efforts for the unincorporated area of the Bolsa Chica are continued, NOW, THEREFORE, BE IT RESOLVED that the City Council of �.. the City of Huntington Beach respectfully requests that the ,CS:ahb 6/14/84 1. County of Orange and the Coastal Conservancy address the fol- lowing concerns of the City of Huntington Beach relating to modi- fications to the Land Use Plan and the Habitat Conservation Plan t• for the Bolsa Chica: 1. CIRCULATION (a) Realign Edwards Street and connect with Pacific Coast Highway within the Bolsa Chica planned area. (b) Align cross-gap connect M so that it will not have a negative impact on the existing residential units. (c) Connect Talbert Avenue to cross-gap connector. (d) Realign Warner Avenue to allow for sufficient grade for a minimum twenty-five (25) foot bridge and to maintain access for the Warner Avenue Fire Station, as indicated in No. 2 (a) hereof. (e) Connect the cross-gap connector and Warner Avenue to provide convenient circulation to the proppeed commercial uses. (f) Existing local street system to be accommodated by providing for similar adjoining land uses and for adequate neigh- borhood circulation. (g) Provide for Bolsa Chica Street (cross-gap) connec- tion to Garfield Avenue. (h) Address the following concerns created by the pro- posal to reroute Pacific Coast Highway: . (1) High projected daily traffic volumes on Pacific Coast Highway, particularly between Bolsa Chica Street and Garfield Avenue. (2) High projected intersection traffic volumes at Pacific Coast Highway/Bolsa Chica Street and Pacific Coast Highway/Garfield Avenue. (3) Vehicle miles travelled, safety and level of service impacts on rerouted Pacific Coast Highway through traffic (Pacific Coast Highway functions as a regional highway) . (4) Penetration of through traffic into existing city arterial system. 2. (5) Disruption of a scenic, coastal access and regional highway which satisfies motoristst desires to travel within view of the ocean. These concerns need to be considered and mitigation mea- sures provided to eliminate negative impacts on the travelling public and the citizens of Huntington Beach. (i) Bolsa Chica development on the Bolsa Chica Mesa should be planned in a way that results in minimal direct access off Warner Avenue. 2. SERVICE DELIVERY (a) Planned circulation for the area needs to main- tain access for the Warner Avenue Fire Station or provide for an alternate site if such access is not feasible or desirable. (b) Consideration should be given to service of the proposed development with water supply and sanitation facilities in order to minimize costs and ongoing maintenance °reQuirements. (c ) Due regard for cost-benefit ratios is fundamental to this development. 3. LAND USE PLANNING It is critical that all proposed land uses as to type and density should be compatible with existing land uses within the city. 4. OCEAN ACCESS There are three primary concerns regarding the proposed ocean access which need to be addressed. They are : safety, preservation of the beach, and ongoing maintenance costs. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lath day of June , 1984. ATTEST: tX Z4 City Clerk 3. REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Admin t for `.�� r City Attorney INITIATED AND APPROVED: j4l0 rector of a elopment Services 4 . ' No. 5391 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) `' �► I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 18th day of June , 1984 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Kelly, Finley, Bailey, Mardic NOES: Councilmen: Thomas ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 OI I`IC1; OF '1111•: MAYOR .. a� : Tuly 21, 1982 The, Honorable Naomi Schwartz , Chairwoman ;~ California State Coastal. Commission 631 Howard Street, Fourth Floor - San Francisco, California 94105 Dear Chairwoman Schwartz : The matter of adopting a General Land Use Play for the Bolsa Chica is now before the Coastal Commission and is a matter of great concern to the City of Huntington Beach. The clove Iopment r,f this Area will be an oxt-.cnsion of the development of the ci. ti• rr] Hunt.incaton tar.-Ich , and will have a (Ireal. infll.lr_nce on th-, char ,i�,I.er -inn yull.l iL-y of I i fe of tiAs city for twiny ye,lr., to r nlc . The 13olsa Chicci is virtually surrounded I)% the city of ttunLinct- ! On f3c;rrh and Lotal ly within the city' sl-hero of i nt- iilcnce . Ass SlIc:Fl, t-.he city IWIS had a c-ontinuinq interest and has reviewed and offered recommendat ions to tho County of orancle regaidi.ng the County L. U. 1' . In view of these considerations , the County of Orange adopted on December 16 , 1.981 , Resolution No. 81-1806 acknowledge I­:1 the c.iL•_- ' s inter.est- •and indicating willingness to provide for the city ' s participation in the development of the 13olsa Chica , and there- fore included the city in the planning process . In addition , the City of Huntington Beach and the. County of Orange have entered into a cooperative agreement to plan and acquire a lin t ear park which provides a connector along the bluff line from tllc City ' s Central. Park to the coastline. This area serves as the east- ern boundary of the Bolsa Chica . Tho City Council h(l.s also indicated a policy direction to achieve the annexation el.` ! he B(Asrl Chica . Sj)ecif lc•,ally , the Citv wish(.:, to + record its opposition tn the Co,lstal Commission staff ' s L . t_t . l' . di ,lyrai ' �I 1 I-ernrl t i ve to the Or.ln(;r. county Plan due to Illll jor shoutc-o11lings in the fol l owing ill i`ilti 1 . Tt would trciffir and circulation problems which a „ proper land use plan would avoid; 2 . /\rteria 1 a l i gnmr•n t is not in accord with the Ci ty ' s adopt(,(] #1, orterial alignment ; F LFTIMNI (71 Chairwoman Schwa r• -2- • July 21, 19' 8 `W 3. The plan would cause serious safety and fire access problem through the isolation of the Warner. Avenue Fire Station and the elevation of the Warner Avenue bridge; 4. The plan is lacking in the provision for proper tidal flushing within the wetland areas ; and 5. The plan would create serious impacts as a result of the high density residential. development on the- Bol.sa Chica Mesa and would be detrimental to the quality of the general area and create interface problems with the City ' s existing residential areas . Since the City Council is the principal. elected body representing this area, and having spent: many years working and living in this area , the City of Huntington Beach wishes to go on record as endorsing the con- cept embodied in the County ' s L.U .P . , acknowledging there may be minor adjustments in the plan which would improve its overall desirability . These changes alt,hough minor in naturecould result in further improve- ment in the traffic circulation, arterial alicnment, improvement in public safety response and could reduce the number and height of the bridges proposed and could more specifically address the precise loca- tion and size of the ocean access . of spocia l interest- to I ho C i. ty arc, Lh(� long r.lnclr` fiscal i nil�.lct:s wl '. + l L"f. lm�)Osod ley dove I opmon 1. , ] .e. , S tree t m.a L n t C'11.1 nce , t ra F f. i c cr) . - fire and police services , park maintenance , library servi.cr,s , sarllt'll-.' and storm drainage requirements, water service , recreational require- moiits , etc. The County has included a fiscal impact review in which the City has been involved . i In indicating its general approval of the County L. U.P. the City wisi:- to also request that it be included as a full participant in all ments and negotiations regarding the Bolsa Chica L. U .P . Sincerely,' J'rf Ci ty Counci 1. Members City of Huntington Beach f RPM/CWT: pj it r E RESOLUT t ON NO . 4954 A Rh:MIA)TION OF '['HE CITY (,MJNC l i, M' Till', CITY 0V fill NTIt-NTON BRACH APOPTiNr, THE, LOCAL COASTAL NtiOGRAM f N THE VORM OF THE: COASTAL ELEMENT Or THE GENERAL PLAN. WHEREAS , California Public Resources Code Section 30500 requires all cities lying within the coastal zone to prepare a local coastal program for that portion of the coastal zone within� thelr jurtsdiction; and WHEREAS , said local coastal program must contaln a land us— Flan (California Public Resources Code Section 30108 . V which may be submitted In the farm of a coastal element to the vaneral plan (California Public Resources Code Section 301 "' . 5) . anti WHEREAS , a coastal element has been ur'epared in comv1 ' anr,:• �r; l t.h Ca L i fornia Public Resources Code Sections 30000 thrount'' �UU a►.d inlevant guldvllnes adopted by th- State of Calir-pnia ; Ind WHEREAS , pursuant to the State Planning and Zoni.nF Law and the California Coastal Act of 1976 , the Huntington Beach Planninv commission and Huntington Beach City Council have had senarate public hwarings relative to the proposed adent ion of the conntal eleaif,nt to the general plan , wherein both bodies have carefully a"ns ideped all Informat ton presented at said hearings , and n 'ter duce consideration of the findings and recommendations of the Planning Commis.; I OH , .Inc l ud lnr Ci tv Council ameHdments by whanres and additions listed In Attachments 1 , 2 and 1 , by this reVevenc- 1 ncorporated hf�ro i ri and made a part i:t2ri,e i' , and ;i i l ev idenc- pret ;ented to said City Council , the Cite Co"M I finis M ' � -?] 1 "M coastal program is proper , and intornNI K consistent ' th the general plan ; - 1 - NOW, 'I'll H'REFORE, BE, JT ItE*-`,Ol-XEJ) th,it the ('it..v Counct I. ot, the City of Huntington Beach hereby approves, said coastal element of the general plan. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 1981 . Mayor APPROVED AS TO FORM : ATTEST: C At o n City Clerk REVIEWED AND APPROVED : Cty Admini trator I N 1T[A':ED AND APPROVED AS TO CONTENT: O Development Slvic6s Director • - 2 - • n.:�•. 4y�4 ti'('A'1'h; OF CALIFORNIA ) I • COITMI'Y OF ORANCF• ) ee CITY OF 11MINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a• regular meeting thereof held on the 19th day of January , 19 81 by the following vote: AYES: Councilmen: Pattinson, Finley, Thomas, Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: • _None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Copy of fi-r• Ofl itldl (1,1 fi!•� ;n timsot1i,,C. Cily f;lerk and Ex-nff iC��"ICr k of t��e(;ity (,UUJ1C1l Of tl1Q filly Of Hui1t111gto1i BUC.11, Cal. /J By - (-(�`" z=`' � Deputy • MY-ROM �C�[1cz [1�1CI AB 72%73 dao 'L r' Ri �C��D0 r�l 00 I)FFINrl'IONS AQUATIC ECOSYSTEM: • An area where organisms grow or live in the water and interact with each other. BIOLOGICAL QUALITY: The ability of an area to support living organisms. BUFFER: Any of various devices (land, fencing, vegetation) which serve to separate adjacent land uses in order to lessen any adverse Impacts of one land use on another. CONSERVATION: Planned management of a natural resource to prevent exploitation,destruction or neglect. CONTINGENCY PLANNING: Planning for events that are of passible but uncertain occurrence. ECOLOGICAL RESERVE: Officially determined area being preserved for its environmental value. ECOSYSTEM: The complex of a community and its environment functioning as a unit in nature. ENVIRONMENTALLY SENSITIVE HABITAT: Any area in which plant or animal life or their habitats are rare or especially valuable and which could be easily disturbed or degraded by human activities and developments. FILL: Any earth or any other substance or material placed in submerged area. HABITAT: • The place or type of site where a plant or animal naturally lives and grows. INDICATOR SPECIES: Species which are representative of a specific area or habitat. PREEMPT: To take jurisdiction away from an existing agency or entity. TIDAL FLUSHING: A process in which normal tidul action results in continual exchange of ocean water within a wetland. • ` COASTAL ACT POLICY 30240. (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. ` (b) 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 such areas, and shall be compatible with the continuance of such habitat areas. 30411. (b) The Department of Fish and Game, in consultation with the Commission and the Department of Navigation and Ocean Development, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating f acility...Any such study shall include consideration of all the following: (1) Whether the wetland is so severely degraded and its natural processes so substantially impared that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. • (2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. (3) Whether restoration of the wetland's natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve such values. 30607.1 Where any dike and fill development is permitted in wetlands in conformity with this division, mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action; provided, however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of equivalent productive value or surface areas shall be dedicated to an appropriate public agency, or such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking; provided that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. Other provisions related to wetlands are relevant to sensitive habitat areas in the Huntington Beach coastal zone. Other policies involving diking, dredging and filling which could affect habitat areas in the City's coastal zone are listed in Section 5.0, Water and Marine Resources. 57. 6. Environmentally Sensitive Habitats • 6.1 BACKGROUND An "environmentally sensitive habitat" is any area in which plant or animal life is either rare or especially valuable and could be easily disturbed or degraded by human activities and developments. The Coastal Act requires that local coastal plans delineate these environmentally sensitive habitats and establish policies for their protection and enhancement. 6.1.1 Environmentally Sensitive Habitats in the Huntington Beach Coastal Zone Two areas in the coastal zone of Huntington Beach have been preliminarily identified as environmentally sensitive habitats: 1) a nesting sanctuary for the California least tern (a bird species considered endangered by both the State and federal governments) located on the Huntington State Beach; 2) a possible wetland area located between the southern end of the Southern California Edison plant and Brookhurst Street. (See Figures 6.1 and 6.2.) Least Tern Nesting Sanctuary The California least tern is a bird species which is native to Southern California coastal salt marshes. These birds nest on sandy beaches close to wetlands and estuaries where they feed on small fish. Encroaching development has resulted in loss of feeding grounds, and heavy recreatiohal use of sandy beaches has disrupted natural nesting areas. These factors have threatened the existence of _ • the least tern. 59. Q Us.: Now r--j ; _d m W r ti HUNTINGTON BEACH CALIFMNIA Environmentaly Sensitive Habits s PLANNING DIVISION Figure 6.1 60. To help protect the least tern from extinction, a five-acre fenced nesting area • was created in 1969 on the Huntington Beach State Beach. This nesting sanctuary is a permanent facility and is maintained by the State Department of Parks and Recreation. The tern colony nesting there was one of the three largest in the State in 1978, and it is ranked first in terms of nesting success.1 Wetlands The City believes that the definition of "wetlands" in the Coastal Act could be Improved to better identify environmentally important areas the Act intends to protect. Nonetheless, the State legislature did adopt the following definition of "wetlands" in the Coastal Act: "Land within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, freshwater marshes, open or closed brackishwater marshes, swamps, mudflats and fens." The Coastal Act prohibits diking, dredging and filling of wetlands except for very limited purposes related to energy production, boating and other regionally important activities. Wetland areas within the City have been preliminarily identified by representatives from the State Coastal Commission, State Department of Fish and Game (DFG), U.S. Army Corps of Engineers (COE), and the U.S. Fish and Wildlife Service (USFWS). These agencies conducted an explicit delineation of the boundaries and biological value of the wetlands. The results of this effort are included in an appendix to the background report on Environmentally Sensitive Habitats prepared by the City's Development Services Department. Figure 6.2 shows the potential wetland areas between Beach Boulevard and the Santa Ana River. The primary resource value of those coastal wetland areas is their function as habitat for water-associated and marsh-dependent bird species. The Belding's savannah sparrow, and California least tern, both endangered species, feed in the area and the Belding's savannah sparrow nests there. The physical 'Characteristics, natural resource values and unique features of the area are discussed in greater detail in the document prepared by the DFG for the Regional Coastal Commission staff which is an appendix to this plan. Comprehensive lists of wetland indicator plant species and the bird species observed on the site are included in the report. The City has indicated visitor-serving and energy expansion uses for these areas with the expectation that in exchange for development rights, certain of these areas will be restored and enchanced. Though the area known as the Bolsa Chica is not located in the jurisdiction of the City of Huntington Beach, at this time, the City considers it imperative to contribute meaningful influence on the resolve of the area's future uses. 61 . • 1. The City urqes all appropriate State and Federal agencies to accelerate efforts to positively define only specific acreage in the Bolsa Chica • which, in fact, can be scientifically justified as environmentally sensitive habitat. In addition, the City requests and urges these agencies to provide precise recommendations as to the economic feasibility of rehabilitation of such designated ecologically sensitive areas. When these State and Federal responsibilities are properly presented and accepted, the City will totally support the preservation of such designated environmentally sensitive habitat areas. • 61a . 2. Residual acreage in the Bolsa Chica which is not included in State and Federal designation of environmentally sensitive habitat areas will be supported by the City for full development of compatible land uses. Further, it is the City's intentions that such uses will not be burdened with unrealistic or excessive set backs and other restrictive ordinances and codes Intended to arbitrarily force sanctions against compatible land use development. 3. It is further intended by the City to instruct and direct staff to organize and structure a format by which the City can open, as soon as possible, negotiations and discussions with the property owner of record of the subject Bolsa Chica land and the County of Orange for the purpose of achieving annexation of the Bolsa Chica into the City of I-untington Beach. 6.1.2 Regional and Local Interests in Wetland Areas Wetlands are recognized as especially valuable areas which provide numerous public benefits including 1) breeding and "nursery" areas for marine species with commercial and recreation value, 2) habitat for numerous wildlife species including rare and endangered varieties, 3) natural flood control, and 4) aesthetic amenities. The loss of coastal wetlands in Southern California has been dramatic and drastic. Most of those that remain have been altered, damaged or otherwise threatened. The protection of these increasingly scarce ecosystems is recognized in the Coastal Act as an important greater-than-local goal. 6.1.3 State and Federal Agencies Responsible for Wetlands Protection Local control over development in wetlands has been largely pre-empted by State and federal agencies because of the greater-than-local value of these areas. The principal agencies charged with protection of wetlands are discussed below. Federal Agencies The Army Corps of Engineers (COE) has permit authority over any development that would discharge dredged or fill material into waters of the United States, including wetlands. The U.S. Fish and Wildlife Service (USFWS) reviews permits before they are issued by the Corps of Engineers. A permit cannot be issued over the objection of the USFWS, however, it can be appealed at the State or federal levels. Permits must also be consistent with guidelines issued by the USFWS, the Environmental Protection Agency and the California Coastal Zone Management Program. State Agencies The Coastal Commission has authority to regulate activities in wetlands and to protect against any significant disruption of habitat values. The Department of Fish and Game (DFG) must issue a written statement that important ecological resources have been protected prior to approval of any project in a wetland. • The DFG also has the responsiblity of proposing plans to protect, preserve, restore, acquire and manage wetlands. 62 . 6.2 ANALYSIS 6.2.1 Restrictive Land Uses The City's principal strategy for protecting environmentally sensitive habitats i is to designate them as "visitor-serving commercial", "conservation," and "Industrial energy production" with the intent that development proposals will be accompanied by strategies to enhance significant wetland areas adjacent to the proposed project. 6.2.2 Buffers In addition to evaluating development in the wetland areas to ensure significant habitat values are not destroyed, the City also requires buffers to the most sensitive areas. In some cases, such as the area adjacent to the Bolsa Chica, the buffer will be a setback along the Huntington Beach Mesa bluff. Other acceptable buffers in areas where large setbacks are infeasible would be elevation changes or barriers which inhibit access. The City will study buffer strategies and catalogue those which protect the habitat value of wetlands in aesthetically pleasing ways. 6.2.3 Aesthetic and Biological Improvements The City specifically promotes the enhancement and/or restoration of environmentally sensitive habitats. The City will investigate funding opportunities from sources such as the California Coastal Conservancy for such enhancement projects. The City will also require that any habitat restoration strategies include measures to ensure against flooding in surrounding properties. Another measure will be to encourage plantings and other improvements to the flood control channel embankments and to the edges of the wetland areas to increase species diversity, provide better screening and to promote their visual attractiveness. Additional protection is afforded by measures which require review of oil spill plans to ensure sensitive areas are protected. (See Section 10.) 6.2.4 Public Access In coordination with the aesthetic and biological enhancement of the wetlands, the City encourages low-impact public access to allow nature study and enjoyment of amenities. The City will investigate strategies to provide boardwalks, peripheral trails, interpretive exhibits and other educational facilities in or adjacent to coastal wetlands so long as such activities do not significantly disrupt any habitat values or impair the viability of the ecosystem. 6.3 CONCLUSION The City's coastal plan complements efforts by State and federal agencies to protect and enchance sensitive habitat areas. Principal objectives of the plan inc lude: • 63. Protection of significant habitat areas by requiring wetland enhancement and buffers in exhange for development rights. Improved contingency plans related to oil and toxic material spills to protect these high priority areas. Improvement of the aesthetic and biological quality of wetland areas. • 64 . : ;; • n,;AiW OFti'ii'IiIZ\-i �Vii` ON. LOCAL CJAi ; PLAN 1;Y TIP. CITY OF HU,NI' ;TON BEACH It is essential that the special interests of all the residents of IIuntington Beach be taken into consideration as Bolsa Chica planning proceeds. Recognition of this duty to react to the plan led the City Council to direct- that a statement be prepared for the LCP hearing before the Hoard of Supervisors . In this statement, the City Council is putting aside its polarization on the extent and nature of development in the Bolsa Chica in order to bring up issues and questions involving City interests, such as the City ' s participation in the planning process , possible traffic circulation problems , adequacy of fiscal information, and the potential annexation to the City . Let me begin with a word of appreciation to Supervisor Wieder. Following the discussion at the City Council meeting of December 7 , regarding the proposed traffic circulation in the Bolsa Chica LCP and the limited financial benefits of the pre,ject to the City of Huntington Beach, unless there is annexation, Supervisor Wi.eder called a meeting of County and C lt-y st,Iff . A(; a result of th.iL meeting there will be in the futiii-k, c Early d(' 1- i >>c'cl porl. icil ,il. ion by tho Ci 1:,, in Lho planning process and assessment of effects of any plans on the City. • Page 2 ` Recognizing that Orange County is the lead agency in the i preparation of the Bolsa Chica LCP , the City ' s involvement has consisted primarily in commenting on the various products • submitted for public review by the County. The Bolsa Chica is completely within the City ' s sphere of influence; therefore , final planning for the area is of unique concern to the City. In the past, information concerning the Bolsa Chica planning has not always been received in a timely fashion which has limited the scope .of the City ' s comments. In addition, the City has not been consistently aggressive in its participation in the planning process . As an example, the fact that the conceptual plan of circulation do- p.ict-ed on the plan recommended b the Orange County Planning E I Y 1 i g Commission is inconsistent with the conceptual plan the City has adopted as part of its Circulation Element only came to our attention recently. The Huntington Beach City staff tells us that the traffic generation rate and directional splits used by County staff differ substantially from City calculations and understate the projected traffic volumes on some arterial highways such as Springdale and Garfield. The City has proposed Bolsa Chica Street as the major route for north/south traffic through the Bolsa Chica area; however, the proposed County alignment of streets may shift the north/south emphasis to Springdale. • Page 3 • In addition , our staff Relieves the proposed crossyap highway from Garfield to the new high bridge will be ineffective in the stated goal of relieving traffic on Pacific Coast Highway. • This connector will require additional bridges and our existing Warner Avenue fire station could be badly located for response to Huntington harbour. Until such time as . additional information is available justifying these changes , we Feel that the existing County master plait of higliways showing the extension of Bol.sa Chica Street southerly across the Bolsa Chica property and connecting with Pacific Coast Highway northerly of the bluffs to be a more effective system than the crossgap highway and extension of Springdale Street Lo 11aci fic c"ba.;t. IIiIhw iy. There are other .inconsistencies which point up the fact that up to now the County planning effort has not adequately related to City Planning. One example is that we are now in the midst of developing specific plans for some of the adjoining areas which obviously should relate to the County plan. 1'Ile Council would like to take this opportunity to urge, the 13oard of Supervisor., to take a position, prior to approval of the 1,C11 , oil whether Lhe resldenLs of 1untington Harbour will be required to part: icipaLc' .in a special assessnienL district to cover any projected costs to the Huntington Ilarbour residents • relating to the use of the ocean entrance. This is all issue of particular concern to the residents of the Harbour. Page 4 • The preparation of the Bolsa Chica Specific Plan involves many issues which are of special concern to the City. These include the precise location and description of the ocean access as well as the design and layout of the wetland area. In addition, questions as to the impact of: ocean cuts on beach erosion need clear answers . A question raised in our City Council discussion related to the proposed commercial development around the marina. There should be consideration of its relationship to existing commercial uses in' Peter' s Landing and additional commercial designated for the Iluntington Beach downtown in our LCP. The market may not be able to support the amount of conunerci-al areas being proposed by both the County and the City, resulting in a potential loss of revenue to the City . Similarly, public facilities and financing ayreements as developed in the Specific Plan will affect the. levels of service required of the City. Updated financial information should be used for the preparation of the FIR to accurately identify the total costs involved with the project. Tlie City requests that we fully panic;ilxiLe i n all discussions of financial ayreements as the-y will directly affect the residents of Huntington Beach and may ultimately influence potential annexation of the area. Page 5 The County FIR process does not call for assessment of • financial impacts on the City. Because of the unique relationship of the Bolsa Chica to Huntington Beach financial impacts on Huntington Beach should be thoroughly analyzed. Once again, we appreciate Supervisor Wieder ' s responsiveness in having the office of the CAA provide a hurriedly done assessment of financial impacts on Huntington Beach this week . Bolsa Chica is recognized to be within the City ' s sphere of influence . For many reasons , past attempts to annex have been thwarted. If annexation does not take place, development in tho Bolsa Ch.lra w.i. l..l. Provide very lii,lited bent.f.i. t-s to the tax base of: the City of ]Huntington Beach. lhel-efore , tie must he very concerned ahout the jwtential and t i nl i ng of allnexat ioll. As st,lted .in the 11t111t 1 ngtun Beach LCP Section 6 , allllroved by the City Council lnst January' , Huntington 13each intends to pursue annexation. We request the full COOI)el'at loll Of the C(-)tlllty and the lalldoivnCrs to ichieVe this (`Ild . In sununlrv , t.11c, (: it)' of lltlnt ington Beach requcsts tot;1l Jild C,1u,11 p;trti.cipatton ill the formulation of all future planning documents . we feel all active role I))' the City t,-i11 1lrovc to be l;illtu,111\' beneficial to both the CotlntY ;lnd the City' ot' Iftlntington L'e,lcll . RE,M)LUTION w . 4840 A RESOLUTION OF THE CITY COUNCIL np Tlll'; CITY OIL HUNTINGTON BEACH REQUESTING THE. COUNTY O ORANGE TO ACCEPT ADDITIONAL CITY INPUT IN THE COUNTY LOCAL COASTAL. PROGRAM FOR H01-:,A CHI CA WHl•;ftEM , the County of Orange is the lead agency for the preparation of the Local Coastal Program for the unincorporated area of Holsa Chica; and The ultimate use of land in such area is of great concern to the City of Huntington Reach ; and The City of Huntington Reach and the County of Orange have a hlstovy of cooperative planning effort for the uninr.orpovated area of Polsa Chica; and 'I'lle Gi ty of Huntington lien �11 has) in the of cool,s: r:i- t. lc�n , appolnted r'elwe:>c�rrr.atives to the: North r;o:r:-,t, l,o(,-.II (;r):i:: t.:I 1 Prk,r;ram Advisory at Li,,r rcclue6L of the t;omity or It is In the he�;t inter•est.� of both the City of Ilunt[I'll;t.orr Heach and the County of Orange that both agencies continue to ex- plore mearr•s for cooperative planning for the unincorpc-rated are:c of HolSa ";pica, NOW , 'L'HEREFORE, BE IT RES01LVED that the City Counk�i l of' City of Huntington Beach respect: ully requests that thy• rol,- of the City of Huntington Reach in the county Coastal Program be expanded to inr.lude the folIowinir: 1 . The City Council shall review the proposed Local Coastal Program I'1an and make recommendations to the county Ho:lr•d of Supervisors prior to adoption of the plan by the Board ; and 2 . County and city staff's shall continue to work coo�l,c,rrc- tively o:i all planning matters relating to they unincorporated i i • i ahb 1/28/8o 1 . a sir(:.i of botsa Chica; and 3 . The City of Huntington Beach shall. Jointly spo sor puh- IIc workshops with the County of Orange to fulft11 the citizen.; participation requirement- of the Coastal Act- . PASSED AND ADOPTED by the City Council of the C1. t,y of Huntington Beach at a regular meeting thereof held on the flth day of February, 1980 . Mayor AWEST: APPROVED AS TO FORM: City Clerk Yty Atto ey INITIATED AND APPROVED: 4Ci ,y dm. nis trator • 3 i n i • 2 . . Ali iiI c:A1.IFO R.'.'lA ► titrlfY uF ORANI;I•: (,I I Y ()F lllitir ING 1:ON 11FAC11 ) I , ALICIA M. WEN'IWORF11, the duly elected , quaI i f i..'l Ci t v Clerk of the City of Iuntington Beach, and ex-offici•• Clerk of thc- City Cc+uncil of said City, do hereby certify thnt ihc' whole number .•I uunihers of the City Council of the City of lluntiny;tcn► Beach is Seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the _ 4th day of February 19 80 by the following vote: ! AYES: Councilmen: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Councilmen: None ABSEN•f: Councilmen: Nagle City Clerk and ex-officio C10 rk of the City Cotcnci.l of the City of Huntington Beach, California c cf t!; ,; �a.............. r„ n'f. hlurr• [' ty RESOLUTION N0. 4580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING PREPARATION BY THE COUNTY OF ORANGE OF A LOCAL COASTAL PLAN FOR THE BOLSA CHICA FOR CONCURRENT REVIEW WITH THE HUNTINGTON BEACH LOCAL COASTAL PLAN BY THE SOUTH COAST REGIONAL COMMISSION WHEREAS, the City of Huntington Beach has an approved work program for the Local Coastal Plan by the South Coast Regional Commission; and The Bolsa Chica area under county jurisdiction is excluded from said plan; and The County of Orange is the responsible agency for the preparac.ion of the Local Coastal Plan for the Bolsa Chica; and In order for the South Coast Regional Commission to reach a decision on the Local Coastal Plans for Huntington Beach and f3olsa Ghjca , it is necessary to have both plans before the Commis:ion for approval concurrently , NuW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it respectfully requests the Boar-1 of Supervisors of the County of Orange to give the Local Coastal Plan for the Bolsa Chica a top priority, and that said plan be completed concurrently with the Local Coastal Plan for the city of Hur::.ington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular me g thereof held on the 3rd day of January, 1978 . ATTEST: Mayor City Clerk : cs 1 . 4 4* tvo. 4St1U STATE OF CALIFORNIA ) COUNTY OF ORANGE ) es: • CITY OF HUNTINGTON BEACH ) y I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of Jbnuary 19 78 by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen Gibbs, Siebert, Shenkman. Pattinaon NOES: Councilmen: None r ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i 1 . • REVIEWED AND APPROVED: APPROVED AS TO FORM: j CV Administrator C Attor y INITIATED AND APPROVED AS TO CONTENT: 9j Planning Director • 2 . • , ash,d y Sir �-�q� �-�a.��-°-e CITY OF HUMP— ""TON sR"M CA 8 4-31 � COUNCIL - ADMINISTRATOR COMMUNICATION - -o--Q KLACH YV To Honorable Mayor and From Charles W. Thompson, _ o City Councilmembers City Administrator Subject SERVICE AND DEVELOPMENT CONCERNSDate June 11, 1984 RE: BOLSA CHICA PLAN Upon review of the Orange County plan for the Bolsa Chica, which was prepared by the county and the proposals being advanced by the state Coastal Conservancy, the city staff has identified several matters which are of concern to the city of Huntington Beach. Following the county's development of their proposal for the Bolsa Chica, the city direc- ted its principal focus on traffic and circulation, land use, service delivery, and ocean access issues. Based upon conditions addressing these concerns, the City Council indicated support for the county plan. Subsequently, the City Council set forth general policies ef- fecting this area in the "Coastal Land Use Plan" adopted in August 1982, Resolution #5147. In the Spring of 1984, the city became aware of certain proposals being made by the state Coastal Conservancy for development of the Bolsa Chica. Once again, it was mandatory that city provide input into this process in order to protect existing city development and to insure the workability of city plans already in place. During this study period, the City Council directed that staff involve itself in discussions then underway. This involvement was again pointed toward the same general areas of con- cern - service delivery, traffic and circulation, ocean access and beach impact, and land use planning. Following numerous meetings involving the state Coastal Conservancy, county of Orange, state and county consultants, Signal Landmark, and city staff, there have emerged several points of agreement. In addition, the city has been able to spell out and better identify its concerns as they relate to specific proposals of the county and the Coastal Conservancy. Attached is a "Draft Proposal Language of Points of Agreement Between City and County Staff on Major Circulation Issues." It is believed that this draft will be acceptable to both city and county. In addition, the following seven points spell out the major aspects of traf- fic and circulation which are felt to be necessary to effectively integrate the Bolsa Chica traffic circulation plan with existing city plans. 1. Realign Edwards and connect with P.C.H. within the Bolsa Chica planned area. 2. Drop down the cross-gap connector so it will not have a negative impact on the exist- ing residential units. 3. Talbert connecting to cross-gap connector. 4. Realign Warner Avenue to allow for sufficient grade for a minimum twenty-five (25) foot bridge. 5. A connector between the cross-gap connector and Warner Avenue to provide conven- ient circulation to the proposed commercial uses. . : . •• -2- 6. Existing local street system to be accommodated by providing for similar adjoining land uses and for adequate neighborhood circulation. 7. Provide for Bolsa Chica Street connection to Garfield Avenue. It should be pointed out that the principal function of Pacific Coast Highway is a re- gional transportation link and also serves as an important scenic highway and coastal access. Service Delivery ' The Bolsa Chica is virtually completely surrounded by the city of Huntington Beach and is within the city's sphere of influence. Spheres of influence are designed because of the city's ability to serve the area with sewerage, water supply, police and fire services, and street and other public works services. In this regard, it is important that the planned circulation for the area maintain access for the Warner Avenue Fire Station, or provide for an alternate site if such access is not feasible or desirable. Second, due consideration should be given to service of the proposed development with water supply and sanitation facilities in order to minimize costs and on-going maintenance requirements. Due regard for cost-benefit ratios are fundamental to the development. Land Use Planning Of critical importance in this respect is that all land uses, as to type and density, should be compatible with existing land uses within the city. Ocean Access There are three primary city concerns about any proposed ocean access. They are: (1) Safety; (2) Preservation of the beach, and; (3) On-going maintenance costs. There are innumerable ways in which a plan can be formulated for the Bolsa Chica. It is the staff recommendation that whatever plan be proposed, the issues identified above should be adequately and satisfactorily addressed. Respectfu submitted, es W. Thompson, City Administrator CWT:pj Attachment •DRAFT PROPOSED LANGUAGE • OF POINTS OF AGREEMENT BETWEEN CITY AND COUNTY STAFF ON MAJOR CIRCULATION ISSUES BOLSA CHICA 1. WARNER AVENUE City and county staffs agree that Bolsa Chica development on the Bolsa Chica Mesa should be developed in a way that results in minimal direct access. 2. PCH REROUTE If the plan that emerges from the Coastal Conservancy HCP includes a PCH reroute, then city and county staffs share a number of concerns that would need to be recognized and addressed including, but necessarily limited to: (1) High projected daily traffic volumes on PCH, particularly between Bolsa Chica Street and Garfield Avenue. (2) High projected intersection traffic volumes at PCH/Bolsa Chica Street and PCH/Garfield Avenue. (3) VMT, safety, and level of service impacts on rerouted PCH through traffic - PCH functions as a regional highway. 1. (4) Penetration of through traffic into existing city arterial system. City and county staffs generally agree that (1) and (2) above would need to be mitigated for the plan to function effectively, subject to the level of land use eventually approved. City and county staffs also agree that (3 and (4) above would probably include some un- avoidable adverse impacts which could not be mitigated. 3. ACCESS LINK TO PCH ON OR NEAR THE HUNTINGTON BEACH MESA (IF PCH IS NOT REROUTED) City and county staffs agree that there is a projected need for one access route parallel to the Huntington Beach Mesa bluff line within the Bolsa Chica planned area. There are a number of possible alignments for accomplishing this. As long as one such route is provided, the plan will function effectively. .J; '� • Zs" z„ CITY OF HUNTINGTON BEACH 4? A INTER-DEPARTMENT COMMUNICATION HUNTINGT(NJ IIIACH / vD To Charles W. Thompson, �m James W. Palin, Director City Administrator Development Services Subject ORANGE COUNTY BOLSA CHICA Date December 11, 1981 LOCAL COASTAL PLAN As per City Council directive given at the City Council meeting (December 6, 1981) , City staff has prepared the following comments which City Council may wish to communicate to the Board of Super- visors at their December 16th hearing on the Bolsa Chica LCP. Recognizing that Orange County is the lead agency in the preparation of the Bolsa Chica LCP, the City' s involvement has consisted primarily of commenting on the various products submitted for public review by the County. Because planning has been at the General Plan level and therefore conceptual in nature, Huntington Beach' s participation in the planning process has been limited. However, as Phase III Specific Planning processes begin, the City wishes to increase its participation in the planning effort for the Bolsa Chica. The Bolsa Chica is completely within the City' s sphere of influence, therefore, final planning for this area is of unique concern to the City. In the past, information concerning the Bolsa Chica has not been received in a timely fashion, therefore limiting the scope of the City' s comments. i As .an example, this lack of communication has resulted in inconsis- tencies between the County LCP and the City' s Circulation Element. The traffic generation rate and directional splits used by County staff differs substantially from City calculations and understates the projected traffic volumes on some arterial highways such as Springdale and Garfield. The City proposed Bolsa Chica Street as the major route for north/south traffic through the Bolsa Chica area; however, the proposed County alignment of streets may shift the north/south emphasis to Springdale. In addition, the proposed crossgap highway from Garfield to the new highbridge will be ineffective in the stated goal of relieving traf- fic on Pacific Coast Highway. This connector will require additional bridges and will isolate the Warner Avenue fire station at the end of a cul-de-sac. Until such time as additional information is available justifying these changes, we feel that the existing County master plan of highways showing the extension of Bolsa Chica Street southerly across the Bolsa Chica property and connecting with Pacific Coast Highway northerly of the bluffs to be a more effective system than the crossgap highway and extension of Springdale Street to Pacific Coast Highway. , ?age 2 Another problem is the diagram in the L.C.P. which reflects land uses inconsistent with land uses in our Land Use Element (e.g. , property at Bolsa Chica and Los Patos) . The County ' s plan also is not taking into consideration our current plan ing effort on a specific plan for. the Goldenwest/Ellis estate area.VWe would like to take this opportunity to urge the Board of Supervisors to take a position, prior to approval of the LUP, on whether the residents of Huntington Harbour will be . required to participate in a special assessment district to cover any projected costs to the Huntington Harbour Association relating to the use of the ocean entrance. This is an issue of particular concern to the residents of the City. The County' s preparation of the Specific Plan will involve considera- tions which will have significant impacts on the City of Huntington Beach. They will include precise location of the ocean access, as well as impacts associated with design and layout of wetlands and compatibil- ity with proposed surrounding uses . Similarly, public facilities and financing agreements as developed in the Specific Plan will also affect the levels of service required of the City and may ultimately influence potential annexation into the City. ;*4 The City of Huntington Beach is looking forward to taking an active role in assisting the County in the formulation of future planning documents. We feel an active role by the City will prove to be mutually beneficial to both the County and the City of Huntington Beach. JWP:FW:df i ,;l • CITY OF HUNTINGTON BEACH �!? INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Charles W. Thompson James W. Palin, Director To City Administrator From Development Services Subject BOLSA CHICA UPDATE Date December 7, 1981 The following provides a brief history and status report on Orange County's plans for the Bolsa Chica. Currently, the County is processing three related documents on the Bolsa Chica: the Local Coastal Program (LCP)/Land Use Element (LUE), a General Plan Amendment (GPA) and an Environmental Impact Report (EIR 81-250). Although planning studies for the Bolsa Chica area have been on-going for the past ten years, work on the Local Coastal Program did not get underway until late 1980. Between November 15, 1980 and January 22, 1981, the County Environmental Management Agency (EMA) conducted six community workshops designed to exchange information on the study area and to receive comments or suggestions for the LCP. During this period, eight alternative land use plans were developed by Signal Landmark with interested groups and EMA staff. The alternatives ranged from preservation of almost the entire site to intensive urban and recreational development on the majority of the site. With the assistance of consultants, EMA staff prepared separate environmental analyses for each of these alternatives. Draft EIR 81-250 was the result of these analyses. While this document did not focus on any one land use concept, it provided extensive background material for decision makers. The City of Huntington Beach was invited to comment on the Draft EIR and a copy of our comments is attached. On January 27, 1981 the Orange County Planning Commission began reviewing the eight alternatives. Two Planning Commission hearings were held in February to select one of the alternatives. No consensus was reached favoring any of the original eight planning options; thus, EMA staff submitted a new alternative (Alt. Nine) which the Commission approved and recommended to the Board of Supervisors. On April 8, 19819 this land use concept was selected by the Board as the development concept for the Local Coastal Program Land Use Element. Alternative Nine (See Figure 1 ) consists of a mixed land use design including the following: Approximately 5,700 residential dwelling units of medium, high, and heavy densities to be located on the Bolsa Chica mesa and portions of the lowlands. The residential units in the lowland will generally be water-oriented in character and will be served by a centrally-located neighborhood commercial center. next page, please . . . . LEGEND a'�+ + .4EM"DENSITY PE SOX NTIAL �^Nib+DENSITY PESOENTIAI HEAVY DENSITY PES"IRIAL -•r 1 I . wC + ro4joP••Doo COE..rt PC+AL ( OPEN SPACE PECPEATION ACCESS LJ 4 � .w.0�o•o-«c. wo.r �, dry., 'i ..�-�`-`r ,` •( NlPOV-'TOM IW6Q11 •' J `-(�`� (. '�' _ a �� . .��' ' / �'^\(.•'ate//l u_ .�. r _- - Ptr•.r A•N••rlyUE �_ r.Ua.�.• �w�.. � `�(i.a-OCi AQ SA C>•C•STAR PEACH a\. �\ TOOOIMt�wr�rru� BOLSA CHICA -OCEAN E.THAN,;E 1 r � • BOLSA CHICA UPDATE -2- December 7, 1981 - A 600 acre (minimum) salt marsh system has been set aside as a planning objective by the Board of Supervisors; however, the size of the marsh will be subject to economic feasibility studies to be prepared concurrent with the Specific Plan (Phase III LCP). - In conjunction with the marsh restoration program, public marina basins and a navigable ocean entrance and waterways will be located in the lowland. - A navigable channel through Outer Bolsa Bay is also planned, to provide a second ocean access for recreational boating in the Sunset Bay/Huntington Harbour. - The public marina basins will be integrated with a visitor-serving complex including tourist recreation/commercial uses, restaurant, lodging and retail shops, as well as marina-related services. - The Bolsa Chica Linear Regional Park will be located along the southeastern portion of the site (Huntington Beach Mesa) and will connect Huntington Beach Central Park with Bolsa Chica State Beach and the restored marsh area. - The East Garden Grove-Wintersburg Flood Control Channel within the study area will be upgraded to 100-year capacity Incorporating a sedimentation basin and a channel design, portions of which may be covered to provide parking or access along its alignment. Following the adoption of the land use concept, Signal Landmark filed a General Plan Amendment (GPA 81-1) to amend the County's General Plan to conform with the land uses proposed in Alternative Nine. In conjunction with the GPA a supplemental EIR 81-250 was prepared to specifically focus on impacts associated with Alternative Nine and the GPA. The EIR was circulated for public comment during September. The City's comments on this document are included as attachment 2. Concurrent with the review and comment period for the EIR, the County prepared the Local Coastal Program Land Use Plan and submitted it for public review in early November. Two Planning Commission hearings were held in November to review all three documents, the LUP/LUE, GPA and EIR. (Summaries of these hearings are included as attachment 3.) Extensive testimony was received at the Planning Commission hearings, the majority of it centering on environmental issues related to the wetlands. The California Department of Fish and Game along with the Amigos de Bolsa Chica expressed concern over the intensity of proposed development. Fish and Game claims that the development plan is not consistent with the Coastal Act because wetlands have not been adequately mapped. The State Department of Parks and Recreation commented on another major issue, the ocean cut across Bolsa. Chica Beach. The proposed 700 foot cut will remove public beach area and may have significant impacts on transportation, emergency services and debris deposition. The Army Corps of Engineers is responsible for the engineering and design of the ocean cut; however, due to budget limitations no work has been done on the project at . `. this time. The Corps estimates the report will take approximately two years to complete. next page, please . . . . SY, t BOLSA CHICA UPDATE -3- December 7, 1981 Other comments concerned coordination of jurisdictional agencies within the Bolsa Chica on issues such as public services, transportation, water, sewerage, linear park, oil consolidation and many other aspects of the development. On November 24th the Planning Commission unanimously voted to recommend that the Board of Supervisors approve the LCP and GPA and certify the EIR. The Board of Supervisor's hearing on the project is scheduled for December 16th at 9:30 a.m. If the project is approved by the Board, EMA staff will submit it to the Coastal Commission before the end of this year. The projected schedule for a Coastal Commission hearing is March 1982. Along with the processing of the planning documents, the County Board of Supervisors directed EMA staff to prepare several other reports as part of Phase III of the Local Coastal Program. Two of these reports, particularly, will require extensive coordination with the City. The first is the "Public Facilities Management and Financing Plan" which will include the following: identification of all facilities, services and land areas involved in the implementation of the projects including all non-marina public projects and marina-associated capital projects; costs associated with each of these; and determination of funding mechanisms and responsibilities. The second is the "Special Area Management Plan" (SAMP) which is a concept for making collaborative planning decisions. The SAMP is intended to be the mechanism for bringing together the many local state and federal agencies that may be involved in this area to develop a common areawide management plan. As was stated earlier, these documents will require continued coordination with the City. City staff has been continually monitoring the County planning efforts and will continue to do so as these plans are considered by the Board of Supervisors and Coastal Commission. Staff will provide regular reports to you on these Bolsa Chica planning efforts. JWP:dp Attachment (7 _ ATTACHMENT 1 ' JA CITY &F HUNTINGTAM BEACH P.O. BOX 190 DEPARTMENT OF DEVELOPMENT SERVICES CALIFORNIA92648 BUILDING DIVISION(714)536-5241 PLANNING DIVISION(7141 536-5271 January 26, 1981 '''• Robert G. Fisher, Director Advance Planning Environmental Management Agency P.O. Box 4048 Santa Ana, California 92702 Dear Mr. Fisher : The City of Huntington Beach has completed its review of the Bolsa Chica Draft EIR (EIR 81-250) , The Development Services Department staff would like to take this opportunity to complement EMA and the consultant on a well prepared document. Copies of the draft EIR were routed to several City departments for review. Comments received by the departments are listed below: Development Services Department Comments: 2. 3 PROJECT DESCRIPTION: Alternative One The Land Use Element (Exhibit 2.9) designates the Bolsa Chica Mesa and east project boundary for medium and high density resi- dential uses, however, the land use concept (Exhibit 2. 10) indi- cates two heavy density areas along Los Patos Avenue. Are these areas consistent with the proposed LUE? The Land Use Concept also designates proposed heavy and medium density areas for land located in Huntington Beach (south of Los Patos on either side of Bolsa Chica Street) . These proposed uses are inconsistent with the City' s Coastal Element Land Use Plan, which designates the two small areas for low density residential and recreational open spare, respectively. The Grace property is designated high density on the LUE, but appears as medium density on the concept plan. The assumption that the entire restored marsh area will be acquired by the public and restorcv] and maintained by the Department of Fish and Game should be discussed in more detail as to actual feasibility. Information on page 3-101 indicates that only two of 15 isolated oil pools would economidally warrant well consolidation. Restoration of an 1105 acre marsh area would appear to require extensive (rather than "some" p. 3-104) alteration of existing oil operations (dikes, access roads, pipelines, etc. ) which would take either a long period of time or considerable expense, and possibly both. Assuming the cost of acquisition, restoration, and maintenance will be borne by Robert G. Fisher, Dirsor • Advance Planning Environmental Management Agency Page Two the State without identifying possible funding sources mitigates against serious consideration of this alternative during the active life of the oil field. The proposed extension of Bolsa Chica Street into Ellis Avenue does not adequately address the need to provide north-south movement to Pacific Coast Highway needed to relieve Goldenwest Street. Warner Avenue, Edwards Street, and 38th Street should be indicated on all alternatives. Alternative Two As with the first alternative, the Alternative Two Land Use Concept diagram (Exhibit 2. 12) varies from the Land Use Element (Exhibit 2.11) . While the LUE indicates areas of high density on the Bolsa Chica Mesa, the concept map is confusing as to whether the two areas south of Los Patos Avenue are intended to be high density (as indicated by the dot pattern) or heavy density (per #3 code and previous alternative) . Residential densities in the Gap are inconsistent in the vicinity of the Bolsa Chica/Ellis intersection, opposite the terminus of Talbert Avenue, and just west of Springdale between Ellis and Bolsa Chica. The area generally southeast of the Bolsa Chica/Springdale intersection is also inconsistent between maps. The TRC locations do not seem to be well located so as to take advantage of channel orientation and view potential into and across the Gap. • The high and heavy density residential clusters appear to be located directly over or in very close proximity to the North Branch Newport Inglewood Fault. Many existing oil wells are located in the area proposed for a sailing lake. Does the construction of a sailing basin include navigable passages under the complex road network? Would motorized boats be allowed in this basin? Unless motorized boats are pro- hibited or navigable ocean access provided to the waterfront resi- dential community, impacts on water quality and the restored marsh would be significant and detrimental. Alternative Three The costs and 'adverse impacts of realigning Pacific Coast Highway are not discussed in nearly enough detail. Negative impacts include: 1. Increased travel time due to increased road distance and five intersections where there now is one, 2. Loss of access to Bolsa Chica State Beach from southbound traffic, and general loss of public access to shoreline, Robert G. Fisher, Dior • Advance Planning Environmental Management Agency Page Three 3. Necessity of two to four navigable bridges and related expense, 4. Increased noise impacts to residential areas, 5. Closure of Warner Avenue, removal of newly reconstructed bridge, increased response time from Warner Fire Station, 6. Loss of ocean and marsh views from highway, 7. Disruption of oil and gas extraction operations. 8 ., Relocation of the roadway over fault traces and peat deposits. The extension of Ellis Avenue parallel to Pacific Coast Highway is unnecessary and the combined noise impacts of both highways pre- cludes an acceptable environment for medium density areas between the two. The closure of Warner Avenue should be clearly shown on the exhibits for Alternative Three. 3.1 LANDFORM/TOPOGRAPHY Exhibit 3 .1 does not show the existing dike abutting the single family homes along the eastern project boundary. Diked oil access roads are not clearly shown. Areas covered by water (Bolsa Bay, Reserve) are not shown. Continual grading of the landform as proposed development occurs may have long term impacts on runoff, sedimentation, and turbidity as they affect the marsh restoration. 3.2 GEOLOGY/SOILS While individual geologic and seismic hazards may be mitigated to some extent during implementation and construction stages, the com- bined hazard potential should be assessed prior to designating land uses in this highly sensitive area (Geotechnical Inputs, Leighton-Yen and Associates, February, 1974, Geotechnical Land Use Capability Map, Figure 4-1) . Page 3-14 indicates five geologic factors that cause subsidence, all of which may occur at various locations throughout the study area. Subsidence may be arrested by water injection, however, information on page 3-100 indicates that wells in the north Bolsa field have not responded well to secondary recovery techniques. The combined potential of petroleum withdrawal without reinjection, groundwater withdrawal, compaction from grading, and fault activity to cause subsidence in the north- east portion of the study area could pose special problems for roadways and water-oriented residential uses proposed in the project alternatives. Robert G. Fisher, Dior • Advance Planning Environmental Management Agency Page Four 3.3 HYDROLOGY It is indicated that development of the Seacliff IV project is anticipated to increase the amount of total runoff entering the Bolsa Chica Gap. A condition of approval adopted by both the City of Huntington Beach and the Coastal Commission on the Seacliff IV project required a drainage system which includes three water retention basins designed to dispose of all excess surface waters originating from the project area. According to the State Department of Fish and Game, this drainage system will provide adequate protection to the coastal marsh environ- ment and marsh restoration facilities within the Bosa Chica Ecological Reserve. 3.4 BIOLOGICAL RESOURCES The first mitigation measure listed under Marina/Lagoons on page 3-88 is not consistent with the type of residential marina shown in the conceptual plans. Once development takes place, it seems unlikely that in-water boat storage would be prohibited or that non-motorized or electric boats would predominate. Stricter mitigation measures reflecting realistic conditions should be included. 3.6 EXISTING LAND USE WITHIN THE STUDY AREA The statement that approximately 620 dwelling units have been approved in Seacliff IV with an additional 400 currently proposed is in error. The California Coastal Commission conditionally approved the Seacliff IV planned residential development in December 1979. The project known as "Phase IV" involves construction of 531 resi- dential units on approximately 112 acres located northwest of Goldenwest Street and Palm Avenue. The site is proposed to be developed with three individual "Product" areas for single-family and townhouse units with an average density of six units per acre. Among the conditions imposed by the Coastal Commission on the Seacliff IV project was the requirement that affordable housing for low and moderate income persons be provided. The Commission authorized development of up to 450 residences in addition to the original Seacliff IV proposal on a 21 acre-site directly west of the Seacliff IV site. This 21 acre development is now commenly referred to as the "West Palm Avenue Residential Development. " The Coastal Commission stipulated in their conditions that 20 percent of the aggregate units developed within Seacliff IV and the West Palm Avenue Residential Development shall be available to low and moderate income persons at affordable costs. I Robert G. Fisher, Dior • Advance Planning Environmental Management Agency Page Five Development plans for the West Palm Avenue Residential Development have yet to be finalized. The proposed residences will likely be a mixture of condominiums and apartments, including both market rate and "affordable" units. 3.7 EXISTING AND PLANNED LAND USES SURROUNDING THE STUDY AREA Bolsa Chica State Beach - The limited use of Bolsa Chica State Beach is not due entirely to lack of adequate parking. Approxi- mately 2, 200 parking spaces are provided in a State-operated lot for a fee, and substantial free on-street parking, restricted in certain locations, is also available. Beach use is more than likely limited by the current lack of concessions, restrooms, and related support facilities. Linear Regional Park - Depending on the extent of human intrusion allowed into the restored marsh area as proposed in Alternative 1, the linear park could have either positive or negative impacts. Provisions for buffers or access points between the linear park and the marsh should be considered. The alignment of Edwards Street shown on Exhibit 3.17 is actually the City' s alignment. The true alignment of 38th Street has been established by the Coastal Commission as a result of the approved Seacliff IV development. At the present time, three alternative proposals for 38th Street connections are possible - to Garfield Avenue, to the proposed extension of Bolsa Chica Street, or to Edwards Street. Regarding coastal access, it should be noted in Alternative 3 that service levels on Pacific Coast Highway would be affected by the addition of traffic signals at intersecting arterials. Limiting beach access to one or two points would cause extreme congestion on Pacific Coast Highway during summer afternoons. In Alternatives2 & 3, Garfield Avenue should be used as the principal east-west traffic route, not Ellis Avenue. Upgrading Ellis to a major arterial as recommended on Page 3-106 is not acceptable due to its alignment through predominantly open space lands and lower density residential areas, alignment as a secondary arterial east of Gothard Street, and intersection constraints at Beach Boulevard. The comparative 1995 traffic volume exhibits are not realistic. For example, all 3 alternatives show lower average volumes on Springdale and Graham Streets than if no new development occurred. The connection of Graham, Springdale, and Talbert to a crossgap roadway would suggest additional traffic on these streets. The realignment of Pacific Coast Highway in Alternative 3 will increase congestion in residential areas that are relatively uncongested at present. The alignment of a parallel route does not seem to relieve much of this congestion and poses problems on Robert G. Fisher, Direor • Advance Planning Environmental Management Agency Page Six Ellis Avenue to the east. The land area located between Pacific Coast Highway and the parallel route would be seriously affected by congestion and noise, detracting from the proposed residential area. 3.15 PUBLIC SERVICES AND UTILITIES: The provision of adequate water, wastewater, and drainage facilities ,I for a project of this scale required detailed cost and feasibility analysis prior to selecting a preferred land use alternative. Deferring more detailed planning for sizing and phasing of facilities until after a land use alternative has been selected is not recommended, as desalinization and wastewater treatment facilities may be necessary onsite, and should be properly located and designed. The impacts of developing such major facilities onsite is not adequately discussed. DEPARTMENT OF PUBLIC WORKS COMMENTS: 1. The EIR should include an analysis of added costs to the City for operation and maintenance of storm drains, sewage and water facilities? 2. The EIR does not address additional traffic impacts and required special facilities (i.e. boat ramps, cranes and fuel stations) or recreational boating. 3. The EIR does not adequately discuss increased costs of City/County maintenance programs. 4. Re. Alternative 43 . Why have an interim roadway, parallel to P.C.14. , between Bolsa Chica and Springdale Streets. 5. Re. page 3-26 (paragraph 2) . Consideration should be given to omit- ting reference to the deteriorated condition of the Warner Avenue Bridge as the structure is currently being replaced? 6. Traffic, The Circulation Plans for the three alternatives are based on a very generalized level of project definition and there- fore should be considered in light of the same assumptions. It appears that each of the Circulation Plans can be improved sub- stantially to better serve the anticipated traffic demands. The following comments are intended as suggestions to improve the highway system. A. Comments regarding Alternative 41: (1) There should be a direct connection between Pacific Coast Highway and Bolsa Chica Street. A direct linking of these roadways would serve to alleviate anticipated in- creasesin north-south traffic trips. Robert G. Fisher Dir*or • Advance Planning Environmental Management Agency Page Seven (2) Extending Bolsa Chica Street to Ellis Avenue, rather than to Garfield Avenue, is not a viable alignment be- cause it would create an additional roadway through the Central-Linear Park region and put additional traffic burdens on the intersection of Ellis Street and Main Street. (3) The 1995 projected traffic volumes appear to be signifi- cantly low when compared to volumes generated by the H.B. Transportation Demand Modal (based on no development in the Bolsa Chica) . B. Comments regarding Alternative 42: (1) Projected traffic volumes based on the City' s Demand Modal and Exhibit 3. 21 of the EIR do not support two north-south connections to Pacific Coast Highway. By linking Garfield Avenue to Springdale Street, the southerly connection could be deleted. (2) Linking Bolsa Chica Street to Ellis Avenue is at best questionable when compared to a connection of Bolsa Chica at Garfield Avenue. Again, why not avoid two routes through a park region and an additional major intersection on Edwards Street. C. Comments regarding Alternative #3: (1) The impacts of rerouting Pacific Coast Highway and termi- nating Warner Avenue near Pacific Coast Highway are grossly understaded. A detailed economic study of this Circulation Plan should be included in the EIR. (2) It should be noted that this alternative does not include a navigable bridge near the navigable ocean entrance. By moving the ocean entrance closer to the existing intersection of Pacific Coast Highway at Warner Avenue, a freeway-type interchange structure could be utilized in linking Pacific Coast Highway to Warner Avenue. Such a technique could resolve several major design problems. (3) The linking of Bolsa Chica Street to Ellis Avenue would not be as advantageous as a connection to Garfield Avenue. 7. Exhibit 3.18 showing the City' s current approved Circulation Element is incorrect. It does not show 38 th St. and its proposed con- nection with Edwards Street. 8. Comments on proposed Land Use patterns. Robert G. Fisher, Director Advance Planning Environmental Management Agency Page Eight Alt. No. 1. Placing high density residential adjacent to existing low density R-1 development does not seem to be a compatible Land Use pattern. Alt. No. 3. The medium density designation between 2 proposed high volume arterial highways is not very good planning, especially with long narrow parcels (traffic access problems, noise and other problems) . 9.1 There is very little discussion on grading required to provide buildable sites in order to protect structures from flooding. Any roadways would most likely be elevated. What impacts would this have, especially on existing residential developments. � 10. Current storm flows from the seacliff area drain into the Bolsa Chica. In otder to protect existing oil production facilities, it is now necessary to pump storm flow into existing channels. How will the proposed alternatives address this issue? The City of Huntington Beach appreciates the opportunity to participate in the review of this report. Should any questions arise regarding our comments, please do not hesitate to contact our office. Sincerely, ames R. Barnes Associate Planner JRB:gc ATTACHMENT 2 CITY OF HUNTINGTON BEACH P.O. BOX190 DEPARTMENT OF DEVELOPMENT SERVICES CALIFORNIA92648 BUILDING DIVISION 4714)536-5241 PLANNING DIVISION(7141 536.5271 �• November 2, 1981 Kenneth E. Smith, Manager Environmental Analysis Division County of Orange, EMA 811 North- Broadway Santa Ana, California 92701 Dear Mr. Smith: The Huntington Beach Coastal Element, adopted by the City Council in January, 1981, establishes the City's official policy for all devel- opment within its coastal boundary and sphere of influence. The proposed Bolsa Chica General Plan Amendment and Draft EIR 81-1 sup- plement have been evaluated using the policies set forth in the City ' s Coastal Element. In keeping with the California Coastal Act, the City has established policies to protect environmentally sensitive habitats from the detri- mental impacts of any new development proposed adjacent to these areas. The following policies deal specifically with the Bolsa Chica, which is located within the City' s sphere of influence : Approve only that development adjacent to wetlands that does not adversely impact habitat values. Require new development contiguous to wetland areas to include buffers which will consist of one or more of the following : . One hundred foot setback from the edge of the wetland except along Pacific Coast Highway. 40 . A visually attractive barrier that limits physical, but not visual, access. . Difference in elevation sufficient to deter access. Develop specifications for buffers around wetland areas . While it is recognized that specific development plans have not yet been submitted for this area, these policies should be incorporated into future development plans for the site. The proposed General Plan Amendment calls for the creation of a navig- able ocean channel through Bolsa Chica State Beach. This channel will • IR. Smith, EMA • • November 3, 1981 Page 2 have a significant effect on both wave patterns and sand transport. Discussion of the'ocean channel is cursory; however, it does suggest a groin system or sand bypass system as potential mitigation measures for impacts to littoral transport. The City' s Coastal Element clearly prohibits groins, cliff retaining walls, pipelines, outfalls, and other such construction that may alter the natural shoreline processes. Therefore, the proposed mitigations would be in direct conflict with existing policy. The Coastal Element outlines numerous policies regarding access to coastal resources, preservation of visual resources and recreational facilities. Most of these policies will apply to the actual project design; however, a summary of these has been included, as they should be incorporated into future planning for the site : Recreation and Shoreline Access : . Support development of the Bolsa Chica linear park. . Establish an implementation plan for the Bolsa Chica linear park in cooperation with the County of Orange. . Site all uses to preserve views of the Bolsa Chica. . Encourage the provision of public boating support facilities compatible with surrounding land uses and water quality. . Encourage privately owned recreation facilities to be open to the public. . Establish responsibility for maintenance prior to approval of a marina or other major recreational facility. . Promote public access to coastal wetlands for limited nature study, passive recreation, and other low intensity uses compatible with these areas. Visual Resources: Preserve and enhance visual resources within the coastal zone. Ensure that new development wit;iin the coastal zone includes the features listed below and establish review procedures for imple- mentation of these measures: • Preservation of public views to and from bluffs, to the shore- line and ocean, and to wetlands. . Conservation• of energy and facilitation of public transit through design and siting. . Provision of adequate landscaping and vegetation. . Evaluation of project design regarding visual impact. • Prohibition of development along the bluffs rising up to the Bolsa Chica mesa (within the City' s jurisdiction) which will alter the natural landform or threaten the stability of the bluffs . . ,K. Smith,. EMA • November 3, 1981 Page 3 Water and Marine Resources : Promote measures to mitigate the adverse impacts of human activi- ties on marine organisms and the marine environment: . Require that development plans include mitigation measures to prevent the degradation of water quality of groundwater basins, wetlands, or surface water. . Require containment curtains around waterfront construction projects on inland waterways to control drift of turbid waters. . Prior to approval of any new or expanded outfalls, encourage the provision of mitigation measures to minimize damage to marine organisms in accordance with State and federal law. . Prior to approval of any new or expanded seawater pumping facilities, encourage the provision of maximum feasible miti- gation measures to minimize damage to marine organisms due to entrainment in accordance with State and federal law. . Limit diking, dredging, and filling of coastal waters, wet- lands, and estuaries to the specific activities outlined in Section 30233 of the Coastal Act and to those activities re- quired for the restoration, maintenance, and/or repair of the Municipal Pier; conduct any diking, dredging and filling activities in a manner that is consistent with Section 30233 of the Coastal Act. . Assess the adequacy of the existing water quality monitoring and, if found inadequate, establish a more effective program. . Require that new development employ catch basins and storm drains with baffled compartments where uncontrolled drainage could damage sensitive areas. Require that agencies involved in the enhancement of wetlands : . Site and design culverts to ensure against the risk of flood damage to adjacent property. . Develop a contingency plan to protect environmentally sensi- tive habitats in the event of spills of toxic and other harmful substances into the flood control channels . We appreciate the opportunity of participating in the review of these documents. If you have any questions regarding our comments, please contact Claudette Dupuy at 536-5251. Ja ' ncerely, mes R. Barnes sociate Planner JRB:df ATTACHMENT 3 CITY OF HUNTINGTON BEACH fi!`d INTER-DEPARTMENT COMMUNICATION HUNTINGTON 1EACH To Mike Multari From Claudette Dupu Subject ORANGE COUNTY PLANNING Date November 18, 1981 COMMISSION HEARING, BOLSA CHICA LCP On Tuesday November 17, 1981 I attended the Orange Councy Planning Com- mission hearing on the Local Coastal Program Land Use Plan (LCP/LUP) and the concurrent General Plan Amendment (GPA) for the Bolsa Chica. An illustration of the proposed land use plan is attached. The proposed Plan consists of a mixed use concept and includes the following: - Approximately 5, 700 residential dwelling units of medium, high, and heavy densities to be located on the Bolsa Chica mesa and portions of the lowlands. The residential units in the lowland will generally be water oriented in' character and will be served by a centrally located neighborhood commercial center. - A 600 acre (minimum) salt marsh system has been set aside as a planning objective by the Board -of Supervisors; however, the size of the marsh will be subject to economic feasibility studies to be prepared concurrent with the Specific Plan (Phase III LCP) . - In conjunction with the marsh restoration program, public marina basins and a navigable ocean entrance and waterways will be located in the lowland. A navigable channel through Outer Bolsa Bay is also planned, to provide a second ocean access far recreational boating in the Sunset Bay/Huntington Harbour. The public marina basins will be integrated with a visitor-serving complex including tourist recreation/commercial uses, restaurant, lodging and retail shops, as well as marina-related services . The Bolsa Chica Linear Regional Park will be located along the southeastern portion of the site (Huntington Beach Mesa) and will connect Huntington Beach Central Park with Bolsa Chica State Beach and the restored marsh area. The East Garden Grove-Wintersburg Flood Control Channel within the study area will be upgraded to 100-year capacity incorporating a sedimentation basin and a channel design, portions of which may be covered to provide parking or access along its alignment. � j Bolsa Chica +� • 14ovembe r 18 , 1981 1!; Page 2 The hearing was primarily for the purpose of receiving public comment on the LCP, as the EIR; responses to comments on the EIR and the General Plan Amendment will be discussed at a second hearing on Novem- ber 24th. Public comments centered on the major issues associated with the project. Numerous representatives of the Amigos de Bolsa Chica testified in favor or preservation of the lowland areas, citing state funds available for the restoration of the 600 acres. Additionally, this organization ,J expressed concern with compatibility of proposed high density residential ` � and marina-related uses and *..the. existing wildlife in the area. Addi- tional testimony in favor of preserving the wetlands was given by representatives of the following: Huntington Beach Environmental Board, E1 Dorado Audubon Society, and other private individuals. A representative of the California Department of Fish and Game commented that the full extent of wetlands in the area has not been properly identified and that land uses proposed in the LCP do not comply with those specified in the California Coastal Act. The Department feels that there has been a lack of coordination with other public agencies on this plan. Similar testimony was given by the Metropolitan Water District, which owns 80 acres of the proposed development area. Representatives of the MWD indicated that they have not been consulted in the planning effort and that their property will be inundated by the current proposal. MWD officials also requested coordination with Orange County EMA staff . A representative of the State Parks and Recreation Department spoke, requesting that the Army Corps of Engineers ' study on the ocean cut across Bolsa Chica Beach be completed before any further planning is done. The ocean cut will require the removal of 700 feet of public beach, as well as having extensive impacts on transportation, emergency services, and cfebris deposition. Also, no cost analysis has been done on the proposed ocean cut. Testimony in support of the development came from the Santa Ana City Council, who were also representing the cities of Costa Mesa, La Palma, Orange, and Tustin. A representative from Paul Carpenter ' s office spoke in favor of the development, as well as representatives from various boating and recreational groups. r Planning Commissioner Coen expressed interest in the City of Huntington Beach's position on the proposed development and also spoke regarding potential problems with consolidating existing oil uses, as have been expressed by Aminoil•. CD:df Attachment r r ATTACHMENT 3 (cont. ) �� CITY OF HUNTINGTON BEACH , N INTER-DEPARTMENT COMMUNICATION HUNTINGTON{EACH To Mike Multari From Claudette Dupu Subject ORANGE COUNTY PLANNING Date November 25, 1981 COMMISSION HEARING, BOLSA CHICA On Tuesday, November 24th, the Orange County Planning Commission held the second hearing on the Bolsa Chica LCP, General Plan Amend- ment and accompanying Environmental Impact Report and documents. County EMA staff and CAO' s office presented additional information in response to comments made at the November 17th hearing, An errata sheet of comments and responses was prepared and I have in- cluded a copy in our file. Planning Commissioners held a brief discussion of the project and a motion was made to recommend that the Board of Supervisors 1) approve the LCP, 2) approve the General Plan Amendment and 3) certify the environmental documents. The vote was unanimous, to approve the projects. The Board of Super- visors ' hearing on this project has been scheduled for December 16th. CD:j lm TO: Honorable Mayor and City Council FROM: Charles W. Thompson, City Administrator PREPARED BY: James W. Palin, Director, Development Services • •o DATE: December 9, 1981 SUBJECT: BOLSA CHICA REPORT SERIES - #1 1.0 INTRODUCTION On June 4 and September 2, 1981, staff submitted separate communications to Council regarding planning efforts for the Balsa Chica. The June 4 communication reviewed a department head meeting which was held to discuss the Balsa Chica annexation issue and identified items to be addressed in pending annexation reports to the City Council. The September 2 communication served as an introduction to a series of reports on Balsa Chica annexation by bringing Council up-to-date on Balsa Chica LCP/LUP planning efforts. This report is intended to provide detailed information on important Balsa Chica issues related to annexation and addresses the following items: - Brief update on Balsa Chica LCP/LUP status. - Review of the Balsa Chica Public Facilities Management and Finance Plan. - Review of annexation procedures. - Recommendation for City input in future Balsa Chica planning efforts. 2.0 BOLSA CHICA LCP/LUP STATUS In April, 1981, the Orange County Board of Supervisors adopted the Alternative 9 land use concept incorporating residential, commercial, public marina and marsh restoration components for inclusion in the Balsa Chica LCP/LUP. Following adoption of the land use concept, Signal Landmark filed a General Plan Amendment (81-1) to amend the County's General Plan to conform with the land uses proposed in the LCP/LUP. In conjunction with the amendment, a supplemental EIR 81-250 was prepared. Concurrent with the review and comment period for the EIR, the County prepared the LCP Land Use Plan and submitted it for public review in November 1981. At the November 24, 1981 Orange County Planning Commission meeting, the Commission unanimously voted to recommend that the Board of Supervisors approve the LCP and GPA and certify the EIR. The Board of Supervisors hearing on the project is scheduled for December 16, 1981. If the project is approved by the Board, EMA staff will submit it to the Coastal Commission around Janaury, 1982. EMA staff will also begin preparation of the LCP/Phase III Specific Plan. Being prepared with the Specific Plan will be other related reports such as the Special Area Management Plan and the Balsa Chica Public Facilities Management and Finance Plan. This last report will be of special interest to the City and is detailed in the following section. 3.0 PUBLIC FACILITIES MANAGEMENT AND FINANCE PLAN Development of the Balsa Chica as proposed in the LCP land use plan will require expenditure of a great deal of funds for public facility construction and maintenance. While Signal Landmark is expected to pay the majority of capital costs associated with residential development, the proposed public marina and related ocean cuts will require other significant funding sources. In recognition of the special management and financing problems which will be involved, the Orange County Board of Supervisors placed a number of requirements on the LCP in the conceptual land use plan adopting Resolution 81-479. The following fiscal requirements were adopted: 1. No general County tax dollars shall be allocated to the cost of construction of any infrastructure improvements on the Balsa Chica property other than those funds now budgeted for the Balsa Chica Linear Regional Park. The developer shall be responsible for construction of bridges, roadways, channels, flood control channels, and other infrastructure, not otherwise financed by State or Federal funds, or special assessment funds. 2. Land, improvements, operation and maintenance of the proposed linear regional park, new navigable connection between Huntington Harbour and the ocean, marina, bridges and expanded State Ecological Reserve can be secured by a combination of contributions by the developer, assessments of property in the area, budgeted County monies, existing or potential State and Federal funds and taxes and other revenue generated on the site, such combination to be determined as part of the LCP Phase III and Specific Plan preparation. 3. Visitor-serving commercial areas adjacent to the proposed marina shall be included in a special assessment district to provide payback on marina capital costs and to provide for ongoing operation and maintenance of the marina complex at no net public expense. If the County Administrative Office's fiscal analysis team cannot assure this Board that the above requirement will be • met, the project will not proceed. 4. The road system improvements and other infrastructure necessary to support the development including operation and maintenance of the private development project elements will not result in costs to the general taxpayer. Also adopted in Resolution 81-479 was the requirement that a Balsa Chica Public Facilities Management and Financing Plan (MFP) be prepared and presented to the Planning Commission and Board of Supervisors in phases concurrently with the LCP. The MFP is intended to serve as a comprehensive policy framework during LCP Phase III/Specific Plan preparation for determining short and long-term financing and management responsibilities related to development of various components within the adopted Balsa Chica LCP Phase II land use plan. 3.1 Phase I MFP On November 24, 1981, the Orange County Planning Commission reviewed and approved Phase I of the Public Facilities Management and Finance Plan. The Phase I MFP is a detailed outline of potential costs, management responsibilities and funding options for public facilities in the Balsa Chica. The report, prepared by the firm of Williams - Kuebelbeck and Associates, Inc. has tentatively identified public facilities capital and operating costs for non-marina associated items, marina associated items and items associated with a navigable Huntington Harbour access channel. Also, tentatively identified are some existing and potential funding sources and amounts. Tables 1 through 4 provide a.summary of the projected costs and funds. Table 1 indicates that non-marina associated public facilities costs will be approximately $78.7 million, while existing capital funding for those items is only $4.6 million. A net cost of $74.1 million will remain to be funded through other sources. Table 2 indicates that marina associated public facilities costs will total approximately $83.1 million with potential capital funding of $36.9 million. $46.2 million remain to be funded for this portion of the project. Table 3 estimates annual public facility costs and funding associated with the marina at full development. A total annual cost of $1.7 million is projected with annual funding of $0.5 million and a resulting deficit of $1.2 million. Pacific Coast Highway bridge maintenance costs and CALTRANS funding, are not estimable at this stage of the planning process, however, and are identified on the table only to indicate their existence as related costs and funds. Table 4 indicates costs associated with construction of a navigable Huntington Harbour ocean access facility. A total cost of $17.8 million is estimated with no existing funding sources Identified. Together, Tables 1, 2 and 4 indicate that total capital costs for public facilities in the Boise Chica may be approximately $179.6 million in 1981 dollars. A total of only $41.2 million from existing and potential funding sources may be available. The Phase I MFP, therefore, indicates that an additional $138.4 million will need to be acquired from other sources in order to finance public works projects in the Bolsa Chica which would be necessitated by implementation of the approved land use plan. Because the Board of Supervisors Resolution 81-479 specifically excludes general county tax dollars as a funding source, the Management and Finance Plan must propose alternative sources for each identified cost. The plan identifies a number of capital funding concepts, including tax exempt leasehold equity bonds, revenue bonds, industrial development bonds, public facilities non-profit corporations, property owners associations, special assessment bonds, "special tax" bonds and potential developer dedications. The Phase I Plan, however does not detail how or to what extent the funding concepts will be utilized. Rather, it merely identifies costs and possible funding sources which will be negotiated at a later date. Such negotiations and final determinations are the subject of the forthcoming Phase II Management and Finance Plan. 3.2 Phase II MFP The Phase II Management and Finance Plan will be prepared concurrently with the LCP Phase III/Specific Plan. Pursuant to Board of Supervisors Resolution 81-479, the Phase II Plan will include a detailed analysis of the following items: TABLE 1 NON-MARINA PUBLIC PROJECT COSTS AND EXISTING CAPITAL FUNDING SOURCES (In Thousands of 1981 Dollars) Capital Costs Land Acquistion Regional Linear Park $ 9,730 Restored Salt Marsh System 20,000 Subtotal 299730 Improvements Arterial Roads $10,950 Arterial Road Bridges 139920 Salt Marsh Restoration 6,795 Oil Well Consolidation 109580 Regional Linear Park Improvements 29120 East Garden Grove-Wintersburg Flood Control Channel 4,630 Subtotal 48,995 Total Capital Costs $780725 Existing Capital Funding State Lands Commission $ 39600 County of Orange Harbors, Beaches and Parks District A.C.O. Fund 1,000 Total Capital Funding 49600 Net Capital Costs $74,125 Source: Moffat and Nichol; Williams-Kuebelbeck and Associates, Inc. � TABLE 2 MARINA ASSOCIATED CAPITAL COSTS AND POTENTIAL CAPITAL FUNDING SOURCES (In Thousands of 1981 Dollars) Capital Costs Navigable Ocean Entrance $34,830 Public Deepwater Channel 5,950 State Beach Improvements 1,000 Turning Basin 680 Pacific Coast Highway Bridge 11,590 Marina Earthwork and Bulkheading 129130 Harbor Patrol 400 Marina Slips and Landside Improvements 16,500 Total $83,080 Potential Capital Funding U.S. Army Corps of Engineers $20p390 Private Marina Lessees 16,500 Total $369890 Net Capital Costs $46,190 Source: Moffat and Nichol; Williams-Kuebelbeck and Associates, Inc. TABLE 3 MARINA ASSOCIATED ANNUAL COSTS AND POTENTIAL ANNUAL FUNDING SOURCES AT FULL MARINA DEVELOPMENT (In Thousands of 1981 Dollars) Annual Costs Navigable Ocean Entrance Channel Maintenance $ 960 Marina Harbor Operations 272 Harbor Patrol 447 Pacific Coast Highway Bridge Maintenance -- Total $1,679 Potential Annual Funding U. S. Army Corps of Engineers $ 480 CALTRANS -- Net Annual Costs $1,199 Source: William-Kuebelbeck and Associates, Inc. TABLE 4 NAVIGABLE HUNTINGTON HARBOUR OCEAN ACCESS COSTS Capital Costs Navigable Ocean Entrance $ 3,540 Pacific Coast Highway Bridge 2,960 Huntington Harbour Connection Channel 1,530 Huntington Harbour Connection Channel Bridge 69740 Warner Avenue Realignment 1,760 Turning Basin 250 Flow Control Jetties 1,040 Total $17,820 Source: Moffat and Nichol; Williams-Kuebelbeck and Associates, Inc. 1. Identification of all facilities, services and land area involved, to include all other public project and marina capital projects as outlined in the Phase I MFP and other similar projects, If any. 2. Identification of all agencies, private ownerships and associations responsible for management of the above facilities, services and land. 3. The costs associated with each of the above facilities, services and land. 4. Preliminary funding mechanisms for all of the above facilities and land. 5. A plan for funding the $138 million net cost Identified in the Phase I Management and Finance plan, Including identifying specific sources, methods and reasonable possibilities of securing such amounts. The actual content (combination of potential capital funding sources) of the Phase II Management and Finance Plan, however, will be evolved through a series of negotiations among the affected parties. The Phase I MFP identified the following likely participants: Orange County Environmental Management Agency; Orange County Administrative Office; Orange County Flood Control District; Metropolitan Water District; U.S. Army Corps of Engineers; State of California State Lands Commission; State of California Department of Fish and Game; State of California Department of Transportation (Cal Trans); State of California Department of Boating and Waterways; Signal Landmark, Inc. (including legal, planning, engineering, environmental and economic consultants) and others. Work on the Phase II MFP will begin immediately upon adoption of the Bolas Chica LCP/LUP and the Phase I MFP by the Board of Supervisors. It will be developed concurrently with the LCP Phase III/Specific Plan and is expected to take one to two years to complete. 3.3 Phase III MFP Prior to approval of any land division or development of the Bolas Chica, a Phase III Bolas Chica Public Facilities Management and Financing Plan must be submitted for adoption by the Board of Supervisors. The Phase III MFP will contain contractual arrangements for the phasing, funding, construction, operation and maintenance of facilities Identified within the Phase II Management and Financing Plan. 4.0 ANNEXATION 4.1 Bolsa Chica Annexation Effort History Because the Bolas Chica falls within the City of Huntington Beach's sphere of Influence, it has been the subject of City planning and annexation efforts since 1972. The following is a brief history of the City's efforts to annex various portions of the Bolas Chica. The Signal Balsa Corporation first submitted requests for annexation of the Balsa Chica Mesa to the City In 1973 and again in 1975. During the years between 1973 and 1975, a Balsa Chica Annexation Study Committee was formed to work with the State and Signal Balsa Corporation to formulate a recommendation to the City Council. The Committee completed its study in 1976 and the City Council directed total annexation of Balsa Chica with a target date of January 1, 1977. Anticipated tax revenues generated to the City were intended to provide funding for preparation of a comprehensive general plan for the Balsa Chica. Because of contradictions with the City's adopted General Plan regarding annexation prior to pre-planning the January 1,1977 annexation date began to look unreasonable. A new target date of July 1977 was then established. In February 1977, Assembly Bill 643 was introduced to the legislature with the intent of providing the State Lands Commissions with funds necessary to acquire a large portion of the Balsa Chica for wetland preservation and ecological preserve expansion. The City at that time postponed annexation proceedings to avoid hindering State acquisition efforts by inflating land values in the area. The California Coastal Act of 1976 also affected annexation efforts for the Balsa Chica. Faced with the prospect of losing local control over planning the Balsa Chica, the City in July 1977, again considered a number of alternatives for annexation and in August 1977 directed staff to proceed with partial annexation of the Balsa Chica Mesa. In December 1977, annexation plans were dropped again when it was announced that the County had been named the lead agency in preparing the LCP for the Balsa Chica. With the passage of Proposition 13 in June 1978, the City Council again considered annexing the Balsa Chica. On July 3,1978 a motion to annex failed by a 3-4 vote. Both the City and County continued to work on their respective LCP's. In April 1979, staff reported to the City Council on the impact of preparing a comprehensive Balsa Chica plan prior to prezoning. • A motion to proceed immediately with prezoning and annexation failed. The last attempt at annexation occured in June 1979 when a motion to annex the Balsa Chica with 1,315 acres prezoned ROS and 235 acres LU also failed. Since June 1979, there have been no additional attempts to annex the Balsa Chica by the City. The county has reaffirmed its role as the lead agency in planning for the Balsa Chica and the City has been limited to reviewing and commenting on County documents pertaining to the Balsa Chica. 4.2 Annexation Procedures Now that a conceptual land use plan for the Balsa Chica has been adopted by the Board of Supervisors and the Phase II LCP/LUP has been approved by the county Planning Commission, the nature of future development in the Balsa Chica is becoming more predictable. Also, through development of the Public Facilities Management and Finance Plan, the fiscal impacts of the recommended land use plan are becoming evident. Since final planning (LCP Phase III Specific Plan preparation) may soon be underway, the City will have an opportunity to provide significant input to the county regarding services and other responsibilities the City may have in development and maintenance of operations In the Bolsa Chica. With that input and the increased knowledge of the nature of future development, the City may wish to renew consideration of Bolsa Chica annexation. The purpose of the following section is to explain the procedures the City would be required to follow should annexation be seriously considered. 4.2.1 LAFCO Requirements The California Municipal Organization Act of 1977 established revised procedures for annexation of unincorporated territory and continued the responsibility of the Local Agency Formation Commission (LAFCO) to oversee such requests. The stated purpose of LAFCO is to encourage the orderly formation and development of local governmental agencies based upon local conditions and circumstances. The Local Agency Formation Commission follows a detailed set of guidelines for annexation which vary depending upon the size of the area to be annexed and whether or not it is inhabited. The following procedures apply: 1. The first step in annexation is preparation by the City of a resolution of application. When the City adopts such a resolution, it must also submit a plan for providing services to the area to be annexed. 2. The application is then filed with the Executive Officer of LAFCO. The application must include: a. Resolution of application. b. Reproducible map and legal description. C. Completed "justification of proposal" questionnaire. d. Completed "initial environmental information" questionnaire. e. Appropriate filing and processing fee. 3. The Executive Officer reviews the application. if the application is deficient, the City is given opportunity to correct the deficiencies. If it is adequate, a Certificate of Filing will be mailed to the City. 4A. After the Certificate of Filing is issued, the Executive Officer will set a proposal for a LAFCO hearing and, if necessary, publish a legal notice in the newspaper. The notice and hearing can be waived if the application is accompanied by written consent of all landowners in the area to be annexed and if the territory Is uninhabited. 4B. The Executive Officer will request advisory reports from the Director of EMA, the County Assessor, the Planning Commission, the Airport Land Use Commission, the County Sheriff and any other agencies or individuals deemed appropriate. 5. After the individual advisory reports are received, the Executive Officer will prepare a report and recommendation on the annexation proposal. The period of time between when the City's application is filed with the Executive Officer and when the Executive Officer's report is released may be 30 to 90 days. 6. If required, the public hearing is held. LAFCO must approve or disapprove the proposal by resolution within 35 days of the public hearing. If the proposal is disapproved, further consideration is precluded for a period of one year. If the proposal is approved, LAFCO designates the conducting agency (City Council or Board of Supervisors) and transmits thereto a copy of the resolution. LAFCO may authorize the conducting agency to proceed without notice and hearing or election of all of the affected property owners consent to such in writing. 7. LAFCO adopts the resolution within 105 days of the public hearing. 8. The conducting agency must initiate proceedings within 35 days after LAFCO approves the proposal and must hold a public hearing within 45 days of initiating proceedings. The public hearing may be waived, however, if the proposal is for annexation of uninhabited territory and if all affected property owners consent to the proposal. 9. Within 30 days of the public hearing, the conducting agency must take one of the following actions: If the case of an uninhabited annexation, the conducting agency could: - Order the annexation if landowners who own less than 50 percent of the assessed value of land and improvements protest; or - terminate proceedings if landowners owning more than 50 percent of the assessed value of land and improvements protest. In the case of an inhabited annexation, the conducting agency could: - order the annexation without an election if less than 25 percent of the voters and less than 25 percent of the landowners owning less than 25 percent of the assessed value of land protest; or - order the annexation subject to an election if more than 25 percent of the voters or more than 25 percent of landowners owning more than 25 percent of the assessed value protest; or - terminate proceedings if more than 50 percent of the registered voters protest. 9A. If an election is required for annexation of inhabited territory as described above, it would be determined by voters living in the affected area. 10. The conducting agency adopts a resolution of annexation. The period of time between when the conducting agency sets the public hearing and when it adopts a resolution of annexation may be 45 to 135 days depending on whether or not an election is required. 11. The Clerk of the conducting agency must transmit a certified copy of the conducting agency's resolution* with applicable State Board of Equalization fees to the Executive Officer of LAFCO. 12. The Executive Officer examines the resolution and determines whether it is in compliance with boundaries, modifications and conditions specified by LAFCO in its resolution. If the resolution is not in compliance, the Executive Officer will return it to the conducting agency, specifying points of non-compliance. If the resolution is in compliance, the Executive Officer will issue a Certificate of Completion. 13. The Executive Officer will record a certified copy of Certificate of Completion with the County Recorder and file copies of recorded documents with the County Surveyor and the City Clerk. The effective date is the date of recordation with the County Recorder. 14. The Executive Officer will file a Statement of Boundary Change and submit appropriate filing fees with the State Board of Equalization. The period of time between the final action and step 11 may be 30 to 60 days. Outlined above are the basic annexation procedures required under the Municipal Organization Act of 1977. Total time between when the initial application of resolution is filed with the Executive Officer and when the procedures are completed may be 175 to 415 days depending on the nature of the area to be annexed, the actions of those affected by the proposal and the resultant steps which must be followed. 4.2.2 State Lands Commission Requirements Apart from the procedures just discussed, however, the unusual nature of the Balsa Chica may require that additional steps be taken for annexation. Section 35009 of the Government Code contains a separate set of procedures for annexation of tidelands or submerged lands owned by the State. This is significant because the State currently owns approximately 300 acres of tidelands in the Balsa Chica. If the City wishes to annex the entire 1,600 acres of the Balsa Chica, the following procedures will also apply: 1. Section 35009 prohibits annexation of State owned tidelands except as approved by the State Lands Commission. If any such lands are to be included within territory proposed to be annexed by a City, a description of the boundaries along with a map must be filed by the proponent with the State Lands Commission. This filing must be made prior to filing the Resolution of Application with the Local Agency Formation Commission. 2. Within 45 days of receiving the boundary description and map, the State Lands Commission must make a determination regarding the proposed boundaries. The determination will be final and conclusive. If no determination is made within 45 days, the proposed boundaries will be considered to be approved. 3. The State Lands Commission will report its determination to the Executive Officer of LAFCO as well as the annexation proponent. After this has occurred, the City may file its Resolution of Application with LAFCO. 4.2.3 Property Tax Transfer Agreement While the procedures outlined above constitute the major steps the City must follow in order to annex the Bolsa Chica, there are still some additional steps required. In association with the annexation procedures, the City must also negotiate with the County to reach agreement on a property tax revenue allocation formula for the Bolsa Chica. In October, 1980 the City Council entered into an agreement (called the Master Property Tax Transfer Agreement) with the County which provides for property tax exchange in areas annexed by the City. Under the terms of the agreement, the property proposed for annexation must first be determined to be either "developed/substantially developed", or "undeveloped". The Bolsa Chica, however, does not fall into either category as defined in the agreement. As a result, the City Administrator would have to file a written request to the County Administrative Officer to jointly determine the area's status. The City and County would have 30 days to reach agreement or the Executive Officer of LAFCO would make the determination. The determination must be made prior to filing the Resolution of Application for annexation. If the Bolsa Chica were found to be "undeveloped" as is likely in its present state, then the Master Property Tax Transfer Agreement would result in the following formula: The County would receive 100 percent of the general fund tax revenue in the first fiscal year following annexation. All tax increments in subsequent years would be distributed to the City until the City-County historical tax ratio was reached. The master agreement sets the historical ratio at 56 percent for the City and 44 percent for the County. It would take a number of years to reach this ratio. If the Bolsa Chica were found to be "developed/substantially developed", however, as is likely if the City were to wait until development occurred before annexing, then the provisions of the master agreement as outlined above would not apply. Rather, a separate City-County agreement would have to be negotiated. The County Administrator's Office has indicated that if substantial sales tax or other revenue generating uses were existing In the Bolsa Chica at the time of filing for annexation, the County would likely negotiate for a larger proportion of the property tax revenue. The negotiations would occur concurrent with processing of the City's application for annexation. 4.2A Fiscal Impact Analysis A fourth City responsibility prior to annexation of the Bolsa Chica relates back to the Board of Supervisors' Resolution 81-479. Among the other items included in the resolution was the following: "In the event of application for City annexation of all or part of the Bolsa Chica area, a Fiscal Impact Report shall be prepared by the petitioners to assess the cost/revenue impact of such annexation on the County and the special districts serving the property to be annexed." The fiscal impact report would be the City's responsibility and would be in addition to any similar studies the County may do in conjunction with the Management and Finance Plan. The report would be submitted at the time of filing the Resolution s of Application for annexation and would be analyzed in County advisory reports to LAFCO as part of the annexation process. It is likely that such a study would be beneficial to the City as well as the County in determining the benefits and costs of annexation. 5.0 CONCLUSION AND RECOMMENDATION The City Council has given staff direction to keep them up to date on planning efforts for the Balsa Chico and to provide clarification on annexation procedures and issues. This report has, therefore, been intended to be informational in nature rather than to focus on specific recommendations. Throughout the initial Balsa Chico planning process (LCP Phases I and II), staff has continually monitored and commented on County efforts and periodically informed the City Council of significant issues and events. Because the County is the lead agency in the project, the City's role has necessarily been limited to such observation and occasional commentary. The Balsa Chico planning process is approaching a point, however, where City input will become much more crucial, both to the City and the County. Preparation of the specific plan will involve many important decisions which will affect Huntington Beach much more directly than the relatively vague concepts which have been prepared thus far. As discussed in this report, the Phase II Management and Finance Plan which will be prepared concurrently with the specific plan will involve negotiations which ultimately may determine which jurisdiction, the City or the County, the Balsa Chico will eventually exist under. If the City wishes to continue to consider eventual annexation of the Balsa Chico, then it is important that an effort be made to become involved in the final planning process in order to ensure favorable service and revenue responsibilities and opportunities. The most logical forum for such input would be the County's preparation of the Phase II Management and Finance Plan. Preparation of this plan will begin shortly and it will be important that the City make the County aware of its intention to provide significant input. This is especially true because the City was not included in the Phase I MFP listing of entities expected to participate in preparation of the Phase II plan. _.IFORNIA COASTAL COMMISSL "I Howard Street,Son Francisco 94105—(415) 343-SAI NTING TON BEACH November 199 1984 DEVELOPMENT SERVICES TO:, Commissioners and Interested Persons NOV 2 6 1984 FROM: Michael L. Fischer, Executive Director P.O. Box 190 Tom Crandall , South Coast District Director Huntington Beach, CA 92648 Jack Liebster, Project Planner Jim•McGrath. Coastal Analyst SUBJECT: BOLSA CHICA HABITAT CONSERVATION PLAN, SUBSTANTIAL ISSUE DETERMINATION (For Public Hearing and Possible Action November 29, 1984. Holiday Inn, LAX, as indicated in the enclosed meeting notice) I. STAFF-RECOMMENDATION - The staff recommends that the Commission find that the Bolsa Chica Habitat Conservation Plan raises substantial issues with regard to Wetlands and Other Environmentally Sensitive Habitat Areas; Public Works; and Recreation; and that the effect of these substantial issues are not limited to certain geographical areas. In order to implement this recommendation,' the staff recommends;a NO vote to the following motion: I move that the Commission determine. that -the Bolsa Chica Habitat Conservation Plan as submitted by the State Coastal Conservancy and the Department of Fish and Game raises no substantial issue as to conformity with the policies of Chapter 3 of the Coastal Act. A majority of Commissioners present is required to pass the motion. STAFF-NOTE The effect of the recommended action is to enable the Commission to "consider the modifications to the HCP suggested by the Conservancy, the Department of Fish and Game and others, as explained in the staff report. Key concepts arising from the HCP process are incorporated in the recommended Suggested Modifications to the Orange County Bolsa Chica LUP. II. BACKGROUND-AND-PROCEDURES Background Senate Bill 429 in 1983 amended into the Coastal Act Section 30237 to establish the Habitat Conservation Plan (HCP) process. The HCP was to be prepared by the Coastal Conservancy and the Department of Fish and Game in consultation with Orange County and the major landowner, .Signal Landmark, Inc. The Conservancy was to be the lead agency for the purposes of identifying land use alternatives, while the Department would be the lead for wetland identification purposes. The HCP process has been extremely valuable in examining alternatives that held promise for bringing the diverse interests closer to agreement on a Plan. The legislative deadline of July 20, 1984 did not allow resolution of 1 all issues in the HCP. However key concepts were developed in the HCP process, including a fundamental compromise that 915 acres will be restored to high quality wetland on site at Bolsa Chica. Summary of-HCP The plan as adopted and submitted to the Commission is included in Enclosure C. The Plan Map is attached as Exhibit 1. Features of this plan include: • the rerouting of Pacific Coast Highway (PCH) around the site, • about 484 acres of private residential development including land available for waterfront housing with private boat slips, • 915 acres of restored wetlands located in the existing Ecological Reserve, a large area of adjacent oil producing lands, a "riparian wetland" excavated on the Bolsa Mesa, and a proposed new flood control sediment/mixing basin and channel , • a new navigable ocean entrance, • a 1300 slip public marina with an associated 17 acres of marina commercial and boat launching facility on Bolsa Chica State Beach, and • a linear park along Huntington Mesa providing pedestrian and equestrian access between central Huntington Beach and the coast, and accommodating the proposed relocation of non-wetland _ Environmentally Sensitive Habitat Areas (ESHAs). In adopting this plan, the Conservancy Board recognized that many issues had not been resolved in the HCP. In its resolution of adoption and transmittal (Enclosure C) it specified that certain additional work be done. Prior to HCP approval it provided that the Conservancy: (a) determine an appropriate location for the rerouted- . PCH in the downcoast (i.e. wetland) portion of the study area; and the specific location of all secondary roads in the HCP area. (b) resolve the issue ofi required wetland and ESHA buffer areas within the HCP; and (c) develop specific criteria, location and acreage for the design of the wetlands and ESHA The Conservancy was also to continue to: - (a) work with concerned parties and interests to further define acceptable mitigation between the proposed rerouted PCH and the existing ' residential development, • -3- (b) consult further with the various landowners, including MWO and the Fieldstone Company (agents for W.R. Grace), regarding the impacts of the plan on their respective parcels, and (c)-address any other issues identified by the Coastal Commission staff in order to in- corporate the Habitat Conservation Plan into LUP and The Conservancy Resolution also provided that the final Local Coastal Plan (LCP) incorporate a detailed Wetland and ESHA Restoration Plan, and a Project Agreement. The Restoration Plan was to specifically address the phasing of the restoration, the financing of restoration work, and the utilization of agreed upon standards addressing the quality of the restored wetlands. The project aggreemwsnt was to provide specific -assurance s on the implementation of the wetland, ESHAs, other public facilities, and private development. Finally, the Conservancy provided for the option of a navigable Huntington Harbour connection subject to additional detailed studies prior to the finalization of the HCP. Pursuant to this Resolution, the Conservancy held a hearing October 18 1984 in Bodega Say and subsequently transmitted an information supplement to the Commission (Enclosure D). r Standard of Review PRC Section 30237 establishes unique procedural requirements for the Commission's action on the HCP. It provides: Upon completion of the habitat conservation plan and on or before July 20, 1984, the Department of Fish and' Game and the State Coastal Conservancy shall jointly forward it to the commission for approval. The comsmission shall approve the plan if it finds it raises no substantial issue as to the conformity with the planning and management policies of this chapter. If the plan is approved by the Commission, it may be incorporated into the county's local coastal program. Four points need to be raised to clarify the procedural issues. (1) The Habitat Conservation Plan under consideration by the Commission is the Plan submitted on July 20 1984 and depicted in Exhibit 1. .(2) The HCP is not equivalent to a Land Use Plan under the Act and is not obligated to meet the re- quiremients for specificity described.in PRC Section 30108.5. (3) The Commission may either approve or take substantial issue with the HCP as submitted. If the HCP is approved, . the County of Orange potentially may be able to in- corporate it into the County's LCP irrespective of any - - action of the Commission on the LUP. On the other hand, if the Commission finds substantial issue with HCP, the Commission is nevertheless free to include any-concepts or provisions of the HCP it deems appropriate in any modifications the Commission may suggest to the County's LUP. (4) While the information supplement (Enclosure D) is not part of the HCP before the Commission for action, the Commission may similarly utilize its concepts and infor- mation in its action on the County LUP. III. ANALYSIS•OF• PROVISIONS THAT RAISE SUBSTANTIAL- ISSUE The Commission finds that the HCP raises substantial issue as to conformity with the planning and management policies of the Coastal Act; including the issues described below: A. Wetlands•and Other. Environmentally.Sensitive-Habitat.Areas The HCP raises substantial issue because it fails to adequately protect environmentally sensitive habitat areas as required by PRC Section 30240, does not provide for the least environmentally damaging feasible alternative required by Section 30233, and does not assure restoration and maintenance of the wetland to sufficient biological productivity as required by Sections 30411 and 30233. Section.30240 provides: (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) 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 such areas, and shall be compatible with the continuance of such habitat areas. Section 30233 provides in part: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities... (3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and . any necessary support service facilities, shall not exceed 25 - percent of the degraded wetland... (c) In addition to the other provisions of this section, diking,filling, or dredging in existing estuaries and wetlands shall. maintain or enhance the functional capacity of the wetland or estuary... Section•30411 provides in part: ...(b) The- Department of Fish and Game, in consultation with the commission and the Department of Boating and Waterways, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) Section 30233. Any such study shall include consideration of all the following: (1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological. productivity with out major restoration activities. (2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can -be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. (3) Whether restoration of the wetland's natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve such values. The Department of Fish and Game has identified the wetlands and Environmentally Sensitive Habitats Area in two reports, Environmental] .Sensitive-Nabitat-Areas•at Balsa -Chi ca (Since 1982) and Determination. of the. Status, •o • -1361sa.ChIca. Wetan hereby incorporated y reference In this report. It has a so determined that the Balsa Chica wetlands constitute severely degraded wetland system in need of major restoration. The Coastal Act permits boating facilities to be located in a degraded wetland (Section 30233 (a) (3)) identified by the Department of Fish and Game (Section 30411(b)) if a substantial portion (75 percent) of the degraded wetland is restored 'and maintained as a biologically productive wetland. The Commission may also permit uses other than those listed under Section 30233(a) if those uses provide less environmentally damaging feasible alternatives to wetland restoration than are provided by boating facilities. Procedures and standards for this latter approach are set out in the Commission's Statewide Interpretive Guidelines. -6- The Department of Fish and Game found in the HCP (Enclosure C, Appendix A) that "a total of 913.5 acres of severely degraded wetland system must be restored in the Bolsa Chica area in order to allow development to proceed in accordance with Section 30411 of the Coastal Act. The principle parties to the SB 429 effort agreed to a total of 915 wetland acres. In addition, 86.5 acres of Environmen- tally Sensitive Habitat must also be protected within the study area... The Department was also pursuaded to agree to this revised acreage by several compelling commitments [including that]: . ...There will be at least 852 acres of good, viably functioning wetland habitat retained- throughout the various phases of development with full restoration of 915 acres of top quality wetlands occurring con- cident to the final phase of development..." The agreement to restoring 915 acres to "top quality wetlands" is the essence of the HCP. The full restoration of the wetland to the hi h level of biological productivity required by Sections 30411(a)(1) and 30233(a3(3), howdver would be frustrated by several provisions of the HCP, warranting a finding of substantial issue. As depicted in Exhibit 1, the HCP would locate a substantial portion of a rerouted Pacific Coast Highway through the area to be restored as wetlands. The Department of Fish and Game has repeatedly expressed concerns that such a routing would create management constraints and divide up the restored wetland in a way that would impair its full functioning. The HCP does not provide that the reroute would be elevated on pilings to insure the maximum flow of water, movement of mammals and avian species and clearance to permit periodic maintenance. The Commission has previously found, in its Ballona findings (CCC, April 25, 1984 p. 23, 64) that precisely such measures are necessary to comply with section 30233(a). Absent such feasible mitigation measures, the HCP raises substantial issue. Sections 30233 and 30411 set forth six tests that must be met by uses other than those permitted by Section 30233, such as a road, and residential and commercial development proposed by the HCP. These are: -- There is no feasible less environmentally damaging alternative...(Section 30233(a)) -- Feasible mitigation measures are provided to minimize adverse effects...(Section 30233(a)) -- The size of the wetland used for boating shall not be greater than 25 percent of the total wetland to be restored...(Section 30233(a)) i • • -- The wetland must be identified by OFS as degraded in need of major restoration...(Section 30233(a) (3) and 30411 (b) (1)) -- Diking, dredging or filling shall retain or enhance the functional capacity of the wetlands...(Section 30233(c)) No less than 75 percent of the raded wetland shall be restored...(Section 30411 (b) (21 The Commission finds that the HCP raises substantial issue because there is a feasible less environmentally damaging alternative to the HCP as submitted. In effect, the HCP parties have articulated one alternative. Alternative 9, in the supplemental information (Exhibit 2). The alternatives described in the suggested Modifications the the Bolsa Chica LUP accompanying this report also represent such alternatives. All of these alternatives avoid the extensive routing of roads through the wetland. Several other policies of the HCP raise issues of whether the areas identified for restoration could be restored and maintained at a "high level of biological productivity" as required by Sections 302411 and 30233. Policies 6 and 7, for example address the compatibility of wetlands and continued oil operations. This question is critical since the area to be restored for wetlands is crisscrossed with roads, fill pads, dikes and other non-wetland areas (totalling approximately 188 acres) associated with continued oil production. i Policies 6 and 7 imply that the needs of thisroil production would have precedence over the needs of wetland restoration and maintenance. Policy 7, for example, designates the area as "petroleum reserve" and raises the specter of oil spills, with only a vague reference to existing rules and regulations to protect against them. The policy also limits the water level in the cells to -1.5 feet mean sea level , which may limit the ability to fully restore wetlands, contrary to the requirements of PRC 30233. These restrictions have apparently been included to respond to the expressed concerns of the current oil field operator, Aminoil, that the designation of an area for wetland restoration not preclude or limit use of that area for continued oil and gas operations. Aminoil's position is understandable, since the establishment of new sensitive areas amidst its operations offers the company no direct benefit, while exposing Aminoil to liability for spills and other damage to the wetlands. However- if these wetlands are to fulfill the obligation for wetland restoration under PRC 30233 and 30411, the needs of the wetlands must take precedence, and policies must be included in the Plan to establish the precedence. Measures which could compensate Aminoil for inconvenience or limitations could be an element of a restoration plan funded by the parties who stand to benefit from the development of Bolsa Chica. But in the absence of a demonstration that these limitations on wetland restoration are compatible with highly productive wetlands, these policies raise substantial issue. Policy 10 raises substantial issue with Section 30233 which requires that any development in wetlands maintain the functional capacity of such wetlands. The Department of Fish and Game has found that there are 852 acres of viably functioning wetlands in Bolsa Chica. Policy 10 would allow development to proceed in a manner that would permit that area of wetlands to be diminished by an unspecified and unlimited amount for an indeterminate time. This provision -fails to assure that such reductions would not diminish the functional capacity of the wetland as required by PRC 30233, and thus raises substantial issue. -$- Moreover, the policy merely requires that "restoration...be phased concurrent with development grading". This policy is imprecise. It would imply that restoration need only be begun before grading could commence. This policy would permit existing wetlands to be eliminated before their replacement is - assured. Furthermore,- while the process of wetland and establishment restoration is still largely an art under the best of circumstances, the HCP sets out an even more difficult task. It proposes to establish wetlands under less than ideal conditions: most of the acreage placed right in the middle of a working oil and gas field; 37 acres in an artificially created "Riparian Corridor" canyon perched at an elevation restricted to the upper range of tidal fluctation; 11 acres on an alluvial delta; and 53 acres in an active flood control sedimentation/mixing basin and channel. The policies for Environmentally Sensitive Habitat Areas (ESHAs) are referenced to the wetland policies, and thus suffer the same deficiencies with regard to assurance of performance. In view of these uncertainties, the HCP raises the substantial issue of whether wetlands will be successfully restored in a sufficient and timely manner to meet the requirements of PRC 30233 and 30411. Policies 11 and 12 describes "edge treatments" which presumably are to be considered buffers for the newly restored wetland areas. These buffers fall far short of the standards established by the Coastal Act and raise substantial issue. Where PRC 30233 and 30411 set the requirements for establishing and maintaining highly productive wetlands, PRC Section 30240(b) sets the standards for buffers. It requires that development in areas adjacent to environmentally sensitive habitat areas (including wetlands) be sited and designed to prevent Impacts which would significantly degrade the sensitive area, and that such development be compatible with the continuance of the habitat area. The Commission has generally required that such buffers be a minimum of 100 feet, as specified in the Wetland Guidelines. HCP Policy 12 implies that a ditch (which itself would be counted as wetland) combined with a 3 foot high berm, topped by a low fence and vegetation would be an adequate buffer. The plan specifies no width for the buffer. The plan contains no evidence that such a buffer would adequately function to protect the full functioning of the wetland it was intended to protect. In similar situations, such as the Agua Hedionda and Chula Vista Land Use Plans the Commission has required buffers of 100 feet or more in width. In one atypical case, the Los Cerritos wetlands, the Commission did approve a buffer of a minimum of 30 feet. This compromise was based upon consultations that suggested that Beldings Savannah Sparrows, the expected resident species in the portions of the wetland near developed areas, might not be as sensitive to disturbance as had been thought. The compromise, however, was based upon judgement and the desire to gain agreement on the project, not on experimental evidence. Recent field studies at the Tijuana Estuary conducted by Abby White of the San Diego State Graduate Biology Department provide new data that call this judgement into question. In these field studies Belding's Savannah Sparrows, an endangered marsh species, were observed to flush and fly away from a single approaching observer at distances ranging from 30 feet to over 300 feet, with the average flushing at about 90 feet. The study did not indicate the potentially greater distances at which the birdt' behavior, including feeding or reproduction, would be interrupted. This data indicates that Los Cerritos may best be left as the exception that proves the rule that buffers of at least 100 feet are necessary to assure that the wetlands they are intended to protect will be able to maintain their full functional capacity. The Commission's recent Ballona LUP decision provides an example much more comparable to Bolsa Chica. There the Commission required buffers of 100 feet from the wetland, with an additional 50 foot structural setback above and beyond that. In any event, the minimal buffer proposed in the MCP is inconsistent with any of the Commission's decisions. Provision of an adequate buffer is all the more important when considering, that the compromise at 915 acres of wetland is only slightly more than the absolute minimum 913.5 acres that could conceivably be found approvable at Bolsa Chica. The Department of Fish and Game made this condition explicit in its memorandum agreeing to the 915. figure. It specified that it was critical that the wetlands restored be ".top quality" to justify the compromise. A design which forces wildlife to flee from the edge to the deeper recesses of the wetland clearly fails to meet the criterion of "top quality% It in fact means that the functional wetland is actually much less than 915 acres. This situation is made even more serious by the selection- of the configuration which entails a lengthy edge with the wetland. While such .a design may be more economically attractive to a developer, the wetland should not be diminished to accomplish it. For these reasons, the Commission finds that the wetlands and environmentally sensitive habitat area policies of the HCP raise substantial issue with the Coastal Act. Ocean Entrance The HCP proposes policies to guide the selection of an ocean entrance from among the many potential entrance designs. It discusses three of these possibilities, but acknowledges that the HCP policies "arre based on a general recognition that the entrance proposed in the LUP is the most likely to be utilized% In addition, policy 17(a) provides that "the entrance shall be navigable". This policy precludes consideration of a non-navigable entrance, which may be shown to be the least environmentally damaging feasible alternative when the full consequences of a navigable entrance are revealed. The findings for denial of the Bolsa Chica LUP describe why the premature commitment to a navigable entrance is inconsistent with Recreation, Marine Environment, Diking, Dredging and Filling and other policies of the Coastal Act. Those findings are fully incorporated here by reference; and are the basis for the Commission finding substantial issue with the HCP Ocean Entrance policies. . a �,'••' �•�►rl•.(' '�•aalk4 "AAA` i Yf -' �%, UST OF PARUWAM& fTATE COASTAL CONEERVAhICt n{.i M9,w {� DWARTWNT OF nW A®GAMt a:;i� r %�. .• F t k�< �i t y� k•� s< 1 910WLA/DMAMW ii =Lii �;�.1.��• `�- '• i, i ji ; .a 11�1 I f I' �C�1 � �"" *.ti t.�'ri�J,���k�'t I?:I•�`,�z, ►*'L�'S�4 .�. f 1 ��'!� I� ' i .Iltt� l` F r k'•;{ � i("� l i-"' ��1 tP��M'If LN } !l14rT♦9'��♦ va. I. � ��,r . I I I .1 1 .•1 :I� 1 /. ��pa.,�•t.< �'�'l��'`ii �.y�1i't s��Y {{�� } f �>. rtG�I ,.�+,I'i1•�,I� , _] I •, .I ( r. , ��htiR�^"\ M Rs� +. ! i�i,�y �(�7r� 114,5 . •• '�I'I�11 I fIII I"`1' ( .1 '{ _r-. {C' �- ! i �1Y�f+Fi T, Yilr ItjawY� I,� f��V ti{' ;f II IMIT '�'�` in Y• •' r ' i. ." I! ��i f: � i� r,i .•� t k a"- . 5 "t H '} d! 4 f • r ( iii.l "qj .t'� • •-� ` � is �'" ti t� ;$ �# t #�.,�r v 94,t ,+ �i %",� � I 1 ,...wiq.�t1.� r eti.�F'x�"f',�.,5.. ���+jl"51i7+• ilt�S lr^�t;�� rr sr frJ i+t I 1' FWAMM ■R`lC y, /a' .R ;.1� �" � �,d;;'�f•il" �.: 1 �1. �� II� 'l*# i yFF'�kF''r „ .}"t �"t• ,�`:_ ti �, ,...5'f,`� �.t'L�,�t'`k,� u.�l'� ,r LCF S1W AF"OOUMM r•� il_"I�I_�I :";ICI IICi %i /' /. i f 1 , 1' ' t: 2 •;r�yyF'". ^ y ih.�x * r._ �T ir;;.� 11`j ' 5�h y.i.� J 3 ii i ii% i ,,, i it ? a1 Tr.,rA�� r �y#a���si ��'a r`'�; " ��`+ e�'S+t.��•', � •�f i��� � +~. , �t »• c ^t �- t i xi "r a . ! y u�i SNt a '.i� 1 'if ^ :a r"F b. �+ �rh4KI � tiS l..�C� ` F � �'t`�'•`,�r`� "�;tr "- ��^! "-1` � i'. . Yi P'!.; +1` rH " .r t r R b to ,'u.+•` a� �� '�' ; BOL$A CHCA STAYS BEACN1.;�.:... .,._:.�f - - -', tsAtTx .lulr�a ttae HABITAT CONSERVATION P - � � EXHIBIT' NO.1� � Jay STATE COASTAL CONSERVANCY ' HABITAT CONGM0,T04 PLAK slie 4 �'=`: • ..fit .,. 14 S A �aM��E♦�y�,��, y °4?v �w ..ow 1 �*T°� 1 •; `, ii �'• r i � g ,y'ti `�• b^� :+ 'i�Hnrw .►� '`�•i t t.'ty.7w+r � •�/• � ,w A, Is IL ar �6.�r. O:c - t . F� � r {s�j ��- • •'•.. .s � '..mot.+ J� • .t•i• ',', :�� .,� . WSA MS SA It C IT ,may- I f •'% •�. � '• '". �, �;��'•• � • OUTER BOLSA BAY �► II rna cdMsr i►r F, i T term,rreri�wua , BOLSA CHICA-,-�.� » FIGURE 9 EXHIBIT No. [ IHGP SVpPI.E (E L ' - ItJ�oRMAiI� I • "'fit Ef ER'1«sp i ' • ts__ I�r�Iwe�ir P�rJJ f•uwd�JM- - HUNTINQTON BEACH • DEVELOPMENT SERVICESCALIFORNIA COASTAL COMMISSION 631 Howard S~,San Francisco 9410S—(41 S)543-855S NOV 2 6 04 November 1% 1984 To: PO Box � migs�ssiionners and Interested Persons B84COM h�f . Fischer, Executive Director; James Burns, Deputy Director for Land Use; Tom Crandall , District Director; Jack Liebster, Project Planner; James McGrath, Coastal Analyst; Eric Metz, Wetland Coordinator; Jon Van Coops, Coastal Analyst Re: STAFF RECOMMENDATION: CERTIFICATION WITH'SUGGESTED MODIFICATIONS, ORANGE COUNTY BOLSA CHICA SEGMENT LAND USE PLAN (LUP), (Public Hearing and Possible Commission Action; for the meeting of November 27-30, 1984, as described in the enclosed meeting notice) KEY STAFF.RECOMMENDATION Background The Commission, on April 22, 1982, found Substantial Issue with the Bolsa Chica , Land Use Plan (LUP) as submitted, and opened a public hearing on the LUP. However, after further hearings and Commission discussion, the County withdrew the Plan. In December 1983 the County .resubmitted the Plan along with a Supplementary Information document (see Enclosure B). SB 429 was later passed amending section 30237 into the Coastal Act to provide for the •devel'opment of a Habitat Conservation Plan. In accompanying- reports staff recommends the Commission (1) deny the LUP as submitteO, (2) certify the LUP subject to suggested modifications, and (3) find substantial issue with the HCP. The suggested modifications to the LUP incorporate elements of both the HCP process and the County's Supplementary Information where consistent with the Coastal Act. Key Staff- Recommendation Staff recommends that the Commission, after 'denying certification of the Bolsa Chica Land Use Plan as Submitted by the County of Orange, adopt the resolutions and findings contained in this report, certifying the plan subject to suggested modifications. In order to implement this recommendation, the staff recommends a YES vote to the following motion and the adoption of the Resolution III (page 4) and findings. An affirmative vote by a majority of the appointed Commissioners' is needed to pass the resolution. I move that the Commission -certify the Bolsa Chica Segment of the Land Use Plan of the County of Orange if it is modified in cgnfornity with the suggested modifications contained in the staff report on this matter. NOTE: Due to the size of the staff report, members of the public on mailing lists will receive the public notice only. For a complete staff report or executive summary, please contact Jack Liebster at the Commission's San Francisco Office at (415) 543-8555 or tlie'South Coast District Office at (213) 590-5071. Staff reports are also available' at local libraries, as indicated in the hearing notice. -2- TABLE-OF CONTENTS PAGE INTRODUCTION 3 STAFF RECOMMENDATIONN I. Resolution III: Certification with Modifications 4 II. Suggested Modifications for Certification 5 III. Findings A. Land Use Plan 17 B. Wetlands and Other Environmentally Sensitive 23 Habitat Areas C. Public Access 24 D. Recreation and Visitor-Serving Facilities and 26 Recreation Boating E. Hazards 26 F. Scenic and Visual Resources 27 G. Public Works 28 H. Energy 30 I. Archaeological Resources 31 IV. Exhibits • -3- • INTRODUCTION The history of planning for Bolsa Chica has been long, complex and controversial. These suggested modifications are a sincere attempt to help bring that process to a productive resolution. They draw upon the results"'of the additional work completed by the County since the LUP was last before the Commission and upon the Habitat Conservation Plan (HCP) process resulting from addition of section 30237 to the Coastal Act (SB9, 1983). c These months of effort have yielded valuable results: Perhaps foremost among these is the milestone agreement among the County, the Department of Fish and Game, Signal Landmark and the Coastal Conservancy that at least 915 acres of top quality wetlands will be restored at Bolsa Chica as part of its development. That agreement is reflected in the suggested modifications. Another useful concept to come out of the yrotess was the idea of substituting.:. the "mini-reroute" of Pacific Coast Highway for the proposed bridge over a navigable ocean entrance, should one be built. However other key controversies, including the question of the ocean entrance, the diverse objectives of the different landowners, and the uncertanties about feasibility of various proposals for Bolsa Chica, have were not been fully resolved to date. The suggested modifications take the basic Land Use Plan concept developed through the County's work and the HCP process, identify possible adverse impacts of such development, and establish policiee' to assure these impacts will be avoided or fully mitigated as required by, the Coastal Act. In some cases, however, the uncertainty is so great that additional information must be developed before a determination can be made on whether a plan as suggested in these modifications is consistent with the Coastal Act. Any LUP for Bolsa Chica must meet three basic tests: 1. It must be specific, 2. It must meet all policies of Chapter 3 of the Coastal Act, and 3. It must be the least environmentally damaging feasible alternative. For reasons discussed more thoroughly in the LUP Denial and HCP Substantial Issue reports and the Findings below, the Commission cannot yet conclude that the Land Use Plan concept embodying a navigable ocean entrance meets these tests. Both the County's LUP and the HCP defer the major ocean entrance feasibility analysis to the Corps of Engineers. The Corps study may well provide the Commission useful information with which ,to determine the least environmentally damaging alternative. Howev th t study has not yet been done. The ability to successfully replace and wetlands and environmentally sensitive habitat areas (ESHAs) that lie in the path of development is another key concern. Restoration 1s a necessary quid pro quo for development. Under the plan contemplated herep this restoration would occur in a presently active oil field. Such a plan may well prove workable, but additional information on its feasibility is needed to make the required findings on the Land Use Plan. Under a strict interpretation of the Act, the Commission co t approve a . plan subject to such fundamental uncertainties as these. Howe er�th County and landowners have consistently sought approval of a Land Use in order to • -4- • justify the investment in further specific studies. The suggested modifications propose a compromise: approving two alternative Land Use Plans (see Exhibit 0, one with a navigable ocean entrance, one with a non-navigable entrance. The Commission can certify the alternative plans now only because the modifications would create- a review step between the LUP approval and the LCP certification, at which time the choice of the least environmentally damaging alternative will be confirmed. This review -- "the LUP'Confirmation" - would occur after sufficient studies are done to fully support a least environemermtally damaging feasible alternative determination. Similarly, a Restoration Plan for the wetlands is to be completed and reviewed by the Commission at this stage. The proposed modifications also contain policies with which to evaluate the ocean entran4e and Restoration Plan. The LUP Confirmation process will be separ*te from and occur prior to the.:: implementation phase. The LUP Confirmation process will include a public hearing, subject to the Commission's usual LOP notice and hearing procedures. As more fully elaborated in the proposed suggested modifications and findings, the navigable entrance alternative (Alternative 1) will be reviewed fPor consistenSy with criteria cified in the suggested modifications. If 1t Is found fully consistent by vote o a ea ty of appoint issionera. Alternative 1 be confirmed as the certified �UP and the non-navigable entracte alternative (Alternative 2) will no longerlbe a component of the LUP. :.If Alternative 1 is not found consistent, it will no longer be deemed certified, and Alternative 2 will become. the certified- LUP. I. STAFF RECOMMENDATION j Staff recommends that the Commission adopt the following resolution. The appropriate motion to adopt the resolutions It: I move that the Commission certify the Bolsa Chica Segment of the Land Use Plan of the County of Orange if it is modified in conformity with the suggested modifications contained in the staff report on this matter. Staff recommends a YES vote. The emotion requires an affirmative vote of 7 Commissioners (maJoriTY—of appointed membership) for approval. RESOLUTION III: CERTIFICATION.WITN MODIFICATIONS The Commission hereby ceMyPsubject t Land Use Plan .for the Bolsa Chica Segment of Orange� to the following modifications and ado ts-the.findin s stated-belOw on the grounds that, it modified as suggested be lows the Land Use Plan will meet the requirements of and conform with the policies of Chapter S (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the Land Use Plan will contain. a specific access component as required by Section 30500(a), of the Coastal Act; the Land Use Plan will be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of•the-Land Use Plan will meet the requirements of Section 21080.5(d)(i) of the Environmental Quality Act, as there would be no further feasible - - mitigation measures or feasible alternatives which could-substantially lessen significant adverse impacts on the environment. The suggested modifications to the submittal are necessary to achieve the basic state goals set forth in Section 30001.5 of the Coastal Act. The Commission further directs that if the County of Orange adopts and transmits its revisions to the Land Use Plan.-in conformity with the suggested modifications, then the Executive Director shall so notify the Commission. II. MODIFICATIONS FOR CERTIFICATION Certification of the Land Use Plan is subject to the following modifications: A. LAND USE- PLAN AND MAP (Section III, Part 1) 1. Modify Section III, Part 1, The Land Use Plan, Exhibit 6, and all text and exhibits derived therefrom to incorporate Alternatives I and 2 as shown in Exhibit 1, as the Land Use Plan. 2. Add to Section III: A."Land Use Pldn Confirmation" review shall-be conducted by the Coastal Commission on the Plan Alternatives prior to the County's submittal of the Phase III •LCP Implementation Program. Alternative 1 shall be the adopted Land Use Plan provided that the Commission by majority vote of the appointed membership finds at the time of this review that: (a) a navigable ocean entrance would have no significant adverse effects and would conform with Public Works Policy 10; (b) The Restoration Plan can be accomplished as provided in the modified LUP; and (c) The navigable ocean entrance is--consistent with all other policies of the modified LUP and the Coastal Act. If the Commission does not find that each of these standards is satisfied, Alternative 1 shall no longer be the adopted and certified Land Use Plan and Alternative 2, providing for a non-navigable ocean entrance shall be the Land Use Plan adopted by the County and deemed certified by the Commission. 3. Add to policy-2: The policies contained in the suggested modifications of the Coastal Commission shall take precedence over any other conflicting policies of the Plan. 4. Add the following Policy (p III-4): _ Land Allocation: The land Use Plan shall provide for the following uses in the specified amounts within the Planning Area and the Linear Park: • -6- (a) Restored wetland at least 915 acres. (b) Restored Environmentally Sensitive Habitat Area (ESHA): (a) Eucalyptus grove at least 21 acres, (b) Coastal dunes at least 28 acres (c) -Coastal scrub/shrub at least 37 acres (c) Linear Park (not exclusive of restored ESHA) at least 57 acres (d) Marina 75 acres (including •at least the following public uses): (1) Dry Storage 6.5 acres (2) Launching Ramps 5 acres (3) Boat Repair 2 acres (4) Boat Sales/Rental 1 acre (5) Chandlery and Fuel Dock Facilities 1.5 acres (e) Huntington Harbor Connection"Channel up to 17 acres (subject to Public Works Policy 10 (3)) j B. WETLANDS AND ENVIRONMENTALLY SENSITIVE HABITAT AREA RESTORATION Modify Biological Resources/Habitat Management policies, Section III, Part 2 as follows. Conform all other LUP Maps, Text and Figures to these modifications. 1. Modify Policy. 2. (p III-20).to. read:_ At least 915 acres of wetlands snail e restored, enhanced and maintained as high quality, fully functioning wetlands within the Bolsa Chica Planning Area as shown in Exhibit 1, Alternatives 1 and 2. 2. Substitute for- Policy 3•and 4 (p. III-20)-the following: Restoration.Plan: The owners of, Or agents for private lands within e Bolsa Chica Planning Area shall fund the preparation of a detailed Restoration Plan for enhancement and restoration of all the wetlAnds and Environmentally Sensitive Habitat Areas (ESHAs) required by the LUP. The plan shall be prepared by the Department of Fish and Game or a contractor to . the Department. selected jointly by the Coastal Commission, the County and the Department of Fish and Game. The Restoration Plan shall be completed and submitted to the Commission for review and approval as part of the "Land Usa Plan confirmation" prior to Phase III LCP Local Implementation Programs. The Restoration Plan shall meet the following criteria: a) Development of at least 915 acres of fully functioning, top quality wetlands providing high biological productivity and habitat diversity; specifically, the creation of a mix of tidal muted tidal and nontidal (brackish, fresh and hypersaline) wetlands; b) Restoration of 86 acres of Environmentally Sensitive Habitat 'Area as specified in the Land Allocation policy. c) Low capital and operation costs; d) Whenever possible, consistent with restoration and resource protection needs, mutual compatibility with public and private development, including present and future oil operations; ' e) High predictability of success; , f) Protection and/or restoration of endangered species habitat; g) Assurance of quality water of sufficient quality to provide for maximum productivity .in the wetlands; and h) Protection of the wetlandk*' from •any impacts emanating from the marina, commercial„#nd residential areas. (2) The Linear Park, which includes a variety of ESHAs, shall be designed to maximize wildlife values while still meeting public access needs. (3) The Plan shall provide for: a) Adequate legal and institutional arrangements and a financing plan for the successful establishment, operation, maintenance and protection of all wetlands, ESHAs, and necessary water supplies. b) The funding of all operation and maintenance costs. c) Specific criteria, in terms of species composition, diversity and population density, with which to determine the completion and success of ESHA and wetland restoration. d) A monitoring program to assure that all Restoration Plan provisions are complied with. e) Specifications for the buffers necessary on lands adjacent to the restored wetlands consistent with the LUP Buffer policies. f) The design of the wetlands to maximize aesthetic appeal to developed areas consistent with resource protection. g) Specific measures to ensure that high quality, fully functional restored wetlands can be established in a manner compatible with continued oil operations. 3. Add-the-following policy_.(p• III-20): The Restoration Plan shall be , enffre y consistent with and adequate to carry out* the Phasing policies of the LUP. 4. Add the f��oll�oow►inn�apo��licy- (p•III-20): The owners of, or agents for, private lands within the Bolsa Chica Planning Area shall fund the wetland and Environmentally Sensitive Habitat restoration activities set forth in the Commission approved Restoration Plan. Upon completion of enhancement and restoration activities, these partieO shall transfer sufficient funds to as endowment or other mechanism tO assure the management and protection of the wetland anO Environmentally , Sensitive Habitat = Areas. The fund amount anti.:. financing mechanisms shall be specified in the Restoration Plan. Contributions may also be made by the public, by government agencies and by other parties interested In restoration, preservation and interpretation of these natural resources. PH_ S. Add the following policy to.Section.,III,•Part.2: Phasing Program: A detailed Phasing Program shall be prepared prior to submission of the Implementation Program. The Phasing Program shall include a precise description of the kinds, locations and intensities of uses at ea0h phase of development, and a schedule of the restoration and mitigation actions prerequisite to each element of development. The Program shall be consistent with the LUP's Phasing policies below. 6. Modify.Policy•6• (p III-21)•to•read: Phasing Policies. (a) . There shall be no net loss of wetland or Environmentally Sensitive Habitat (ESH) at any time. Specifically, the area of functioning wetlands- and ESH in the Planning Area shall at no time be permitted to be less than 852 acres and 86 acres respectively, as specified in the Land Allocation Policy. (b) No portion of the habitat of any endangered species, including the Belding Savannah Spa rrow, ;shall be disturbed for development until an equivalent area of fully functioning replacement habitat has been established and its maintenance assured. ' (c) New development shall be permitted in the Planning area only after the Restoration Plan has been reviewed and approved by the Commission and all other applicable Plan policies have been met. (d) Development grading in the lowlands shall be permitted only after a proportionate amount of high quality wetlands akid Eviron- *mentally Sensitive Habitat Area has been restored, found to •be _ fully functioning by the Diepartment of Fish and Game, and' conveyed to the management agency identified in the Restoration Plan. The proportion of restored wetland to proposed development shall be one and a half acres to one until 852 acres of wetland are restored, and thereafter one to one until all 915 icres of wetlands are restored. (e) Where wetland acreage above 852 acres is to be restored but land within the designated wetland area is unavailable, due to oil operations for example, interim on- or off-site restoration may be accomplished with the former being of higher priority. If interim off-site restoration is chosen, it shall be completed only if: $1 i l 2 acres shall be restored for each acre lost; ii) at the earliest feasible opportunity, but in no case later than the final phase of development, the restoration shall be completed on-site, afid '- iii) the area off-site shall be permanently protected as , wetlands. (f) The eucalyptus grove, Warner Avenue Pond and other sensitive habitats of the Bolsa Mesa shall be recreated within the Planning Area and/or the Linear Park and shall be fully functibning prior to new development on the Mesa, (g) Title to all lands designated. for wetlands or Environmentally Sensitive Habitat Area in the lowlands shall be conveyed to an agency or organization acceptable to the Executive Director of the Commission prior to any new development in the Planning Area. BUFFERS 7. Modify Po11cy• 10 (p• III-21) as follows: (a) Buffer areas shall be established to protect wildlife habitat. The buffers in the Central Wetland shall be a minimum of 100 feet in width measured from the edge of the wetland or environmentally sensitive habitat to any adjacent development. The buffer area shall be fenced and heavily vegetated. The buffers adjacent to the "Edwards Thumb" area, the Mixing Basin and Flood Control Channel , the Riparian Canyon, and the Outer Bolsa Bay wetlands, may be varied from this standard if the Restoration Plan approved by the Coastal Commission demonstrates.,- based on experimental evidence, that lesser or greater widths are necessary to establish fully functional buffers. (b) Buffer Study: The buffer study may be completed as part of the Rsto'r-a' on Plan. A work plan for the study shall be submitted to the Executive Director of the Commission for review and approval in consultation with the County and the Department of Fish and Game. The Study shall be performed to meet the . "Criteria for Establishing Buffer Areas" of the Wetlands Guidelines as shown in Exhibit 3. -10- All wetland and ESHA areas shall be designed to prevent physical intrusion, except where access designed consistent with resource protection needs is provided in the Restoration Plan for the fo-1]owing: a) to provide visitor proximity to the wetlands and ESHA; and b) to accommodate oil-related activities. C. PUBLIC ACCESS Modify.Orange.County LUP.Policies: Coastel-Access.- P III-31 1. Modify Policy. i-*(p. III-31) as.follows: Access shall be provided: a) to and along all shorelines between the restored wetlands and now residential and commercial development. b) to and along the entire marina, except in areas posing health and safety risks, and c) to and between recreation and access nodes within the residential and commercial area. A specific access plan consistent with Exhibit 2 shall be included with the Implementation grogram for Commission review and approval. 2. Delete Policy 20-and substitute: The maximum public recreation and access,including opportunities for public waterway viewing, fishing, small boat launching and passive recreation such as picnicking, shall be established within areas of new residential and commercial development consistent with the Public Access Area Concepts, Exhibits B3 through B 13, Bolsa Chica LCP Lard! ma Use Plan.Supplementary- infortion. (Dec. 1983). . 3. Policy•4 (p. III-32): Delete 4. Policy 5 (P III-321: Delete S. Add the-followirg.p2licy. (e.11I-33): Any new alignment of Pacific Ma -Hri way snall proviae pedestrian and cyclist corridors in both directions of travel. 6. Add the following..to.Policy 10: Access to provide viewing and educational opportunities shall be provided on the perimeter of the :wetland as specified in the wet- and Restoration Plan. Access shall be designed with DF6 and con sis ent with resource protection. 7. Policy 16 (p•III-33): Delete. Orange County LUP-Policies:• .Transportation. Policies,.pp. III-27 S. Add the following policies: PCH and the Cross Gap Connector Policies: a) Exhibit 1 shows the recommended location of the PCH reroute under. Alternative 1. Exhibit 1 also shows a corridor for the location of the cross-gap arterial road and connections thereto. b) A detailed plan for the alignment of PCH and the cross gap connection that is. the feasible. least environmentally damaging alternative shall be prepared in cooperation with the HCP parties in consultation with the C1 of Huntington Beach and local .:. neighborhood groups, and inc uded for Commission review and approval in the Implementation Program. c) Talbert and Graham shall be kept as cul-de-sacs unless more detailed planning and traffic engineering studies indicate that their connection with the cross-gap road is essential. d) With only Pacific Coast Highway (PCH) rerouting, -the former PCH Right of Way shall be avallablq for use in expanding and restoring beach recreation and coastal dune and wetland habitat. Any relocation or change to PCH shall not cause a net reduction in the area of useable beach, environmentally sensitive habitats or the 915 acres of wetland to be restored. 9. Polic 6. --III-27 : Delete reference to Pacific Coast Highway widening" n this policy and elsewhere that it appears. 10. The Coastal Access Concept Plan, Exhibit 35, and all exhibits derived therefrom shall be modified to reflect the access modifications. D. RECREATION AND•VISITOR-SERVING.FACILITIES•AND.RECREATIONAL.BOATING Orange• County. LUP Recreation•Policies,.Sertioa.iII,•Part•5. (p• III-35) 1. Add to Policy.8 (p•III-37)•as follows Any marina shall provide land sufficient to accommodate storage for at least 400 dry stored boats, 10 lanes of launching rams, and related necessary facilities including hoists, stacking and staging areas to provide for maximum public access to and use of coastal waters. 2. • Delete. Policy.13 (P- III-37) and.substitute: Any ocean entrance plan shall provide for no net loss of sand at Bolsa Chica State Beach. -12- E. HAZARDS 1. Modify County Geology Policy 1,. (p. III-15) .to.add: Fault zones and areas of soil liquefication potential and ground subsidence, as indicated in the "Preliminary Evaluations" of the Bolsa Chica Local Coastal Program (Jan. 1984) prepared by Woodward Clyde consultants and concurred in by the State Division of Mines and Geology shall be delineated on the LUP map. 2. Add the following to Policy 3 (p. III-15): Habitable structures shall be set back at least 50 feet from active fault zones. Navigation channels and structures for human occupancy shall be.:. located outside of areas of liquefiable soils unless specific mitigation measures to avoid liquefaction hazards are approved by the Division of Mines and Geology and are submitted for Commission review and approval with the Implementation Program. Unless the Division of Mines and Geology specifies alternative standards, mitigation measures such as soil densification shall be sufficient to withstand a repeatable bedrock acceleration of 0.65g. 3.—Add the following to•Groundwater. Po.-licy. l,. (p• III-17): Specific measures to minimize the potential for groundwater intrusion shall be approved by the Department of Water Resources and submitted for Commission review and approval with the Implementation Program. F. SCENIC AND VISUAL RESOURCES Orange County LCP Policies: - .Landform, pp. III-14 1. Modify. Policy 1 (p III-14)as follows: Revegetation and landscaping treatments shall be included in all development to maintain and enhance the vegetated character of the Bolsa Chica and Huntington Mesa bluffs. Any reroute of, or new bridge along PCH shall be designed to enhance the scenic character of the Bolsa Mesa and the coastline. The existing Department of Fish and Game scenic and interpretive overlook on the Bolsa Mesa shall be replaced in new development. G. PUBLIC-WORKS Orange County. LCP.Policies: • . Public-Works, pp.- III-40 1. Modify Policy. l. (p- III-40).to- read: (a) A specific plan shall be prepared designating locations of utilities for all new development proposed in the Land Use Plan. This utility plan shall be submitted for review and approval of the Commission as part of the Implementation Program. (b) Utilities shall be located outside of the wetland and Environmentally Sensitive Habitat Areas unless there is no other • • -13- • feasible less environmentally damaging alternative. Mitigation measures shall be provided to minimize adverse environmental effects of any utilities located in these areas, including utilities directly related to petroleum production, marsh restoration and maintenance, flood and water quality control and coastal dependent industrial uses. (c) Consistent with sound engineering and design practices, utilities shall generally be located in road system rights-of-way or, where necessary or feasible, in open space areas not directly related to wildlife habitat. Ocean Entrance 2. Policy 10- (p III-41).Revise-as follows: (a) Any ocean entrance to Bolsa Chica, including any related structures such as groins, breakwaters or channels shall be permitted only if the Commission reviews such entrance and finds that it is the least environmentally damaging feasible alternative; that it will have no significant adverse impact on sand supply, beach profile or recreation values of any of the beaches in the area; and that an effective program of institutional and financing arrangements adequate to mitigate or eliminate any anticipated or unanticipated impacts has been established and funded. (b) A detailed analysis of the alternative plans for an ocean entrance and channel system, including both non-navigable and navigable options, shall be submitted for the Commission's review and approval at the Land Use Plan Confirmation stage prior to submission of Implementation Program. The analysis shall address all alternatives to determine the least damaging feasible alternative. The analysis shall detail the environmental and recreation impacts of all alternatives; describe the proposed mitigation measures; and detail the costs and financing for construction maintenance, and operation of each alternative and its associated mitigation measures. Land Use Plan Alternatives 1 and 2 as described herein shall be included as explicit alternative plans in the Corps of Engineers Sunset Harbor Study to receive complete analysis and review equal to any other alternative considered. •• (c) Ocean Entrance Policies: Any plan for an ocean entrance shall meet at least the following criteria: (1) The entrance plan shall protect and maintain •the area's beaches and shall not increase downcoast or upcoast erosion; _ specifically, the plan shall provide for no net loss of sandy beach available for recreational use from the Anaheim Bay Breakwater to the Huntington Beach pier. -14- ` . (2) The plan shall. specifically identify the area of existing beach required for sand by-pass operations, and the means to provide useable replacement recreational beach. (3) The plan shall fully protect existing swimming, surfing and beach enjoyment opportunities. The plan shall not require the installation of a groin field to stabilize Vie beaches .upcoast or downcoast of the proposed entrance. (4) The plan shall avoid the risk of seawater intrusion into the fresh water aquifer landward of the Newport-Inglewood fault zone. (5) Any ocean entrance and channels to Huntington Harbor and the visitor-serving marina rooplex shown in the Land Use Plan (see Exhibit 1) shall bo subject to detailed hydrologic - . - analysis according to U.S. Army Corps of Engineers (COE) methodology. , (6) Any entrance shall minimize operation and maintenance costs and maximize capital cost-effectiveness; and (7) Any entrance design shall mitigate adverse effects, if any, on the wetlands. , (8) Any navigable entrance shall be at least 8 feet deep at mean low water, with the width dependent on proposed boat use (between•400 and 600 feet at the surface); (9) Any navigable entrance shall be designed so as to allow an operator to accept responsibility within accepted liability parameters. (d) Huntington Harbor connection. A navigable Huntington Harbor connection may be both technically and economically feasible and should be considered for inclusion in the LCP, provided that: (1) prior to the LUP confirmation, the Coastal Commission approves a complete financing program and a mitigation plan, prepared by the proponents of the connection, for any wetland-associated impacts of the connection. (2) if a navigable connection is to be built, it must be the • least environmentally danging channel feasible. 3. Revise•Policy•11:'. 0- 1II-41) as.fo]_ A financing, operation and maintenance plan for any ocean entrance and navigation channels shall be established in the Public Facilities Management and Financing Plan, and submitted for Commission review and approval with the Implementation Program. The Plan shall: (a) Detail the costs of the ocean entrance alternatives and all mitigation measures. (b) Provide for monitoring of the beaches for the life of the project after completion of any ocean entrance and related structures-to identify any beach impacts. (c) Specify an impact mitigation program establishing financial and institutional arrangements that will assure adequate funding to eliminate any impacts that may arise during the life of the project. 4. Add to• Policy•11 (p. 111-41) as follows: Prior to the certification of the LCP, the Conservancy, the County and the Metropolitan Water District (MWD) should work together with other affected parties to identify appropriate locations for a potential alternative development site to meet MWD's goals and, through the project implementation agreement, described in Policy 22 below, incorporate the necessary land financing measures to ensure an equitable development. 5. Policy 22 (p III-42a) Revise as follows: 22. Prior to approval .of any land division and/or any development of the subject property, a Phase III Bolsa Chica Public Facilities Management and Financing 'flan .(M&FP) providing finalized, contractural detail for Items 11 and 15 (a through e), above, shall be submitted for the approval of the Planning Commission, and the Board of Supervisors and the Coastal Commission. The Phase III MVP shall contain contractural arrangements for the phasing, funding, construction operation and maintenance for all facilities as identified in Items 11 a` (a), above. Orange County LCP. policies:. .Tidal Wydrology,.pp. III-17 6. Add- to-the be inning-of.Policy. 2. (p• III-17): "consistent with wetland restoraTlon nee s... 7. Delete Policy-3 (p• III-17) 8. Revise the first line of-Folic 4 III-17 to read: " nnr ocean entrance channel sys em s a e ... H. ENERGY " Orange County LCP Policies: Energy Facilities, pp- III-45 1. Modify Policy 1 (p III-45) to read: The oil field operator shall operate the field consistent with PRC section 30232 and shall consolidate operations. consistent with PRC section 30262. • -16- A detailed Energy Facilities Plan shall be submitted for review and approval as part of the Implementation Plan indicating both a short-term plan for immediate wetland restoration and a long-term plan compatible with the ultimate phase out of energy production facilities. The short-term plan shall indicate: o11 and gas wells proposed for secondary or tertiary recovery requiring new injection wells and new roads or pads necessary for such activities; and costs and phasing to remove obsolete well facilities and roads and to install facilities necessary tb implemedt the Restoration Plan. 2. Modify Policy 10 (p III-46)•to dead: As oil production is phas8d outhe operator s a remove oil facilities, roads and pads in ;a manner which promotes and is ' consistent with the Restoration Plan, I. ARCHAEOLOGY Orange County- LCP Policies:. Cultural.Regources, pp. III-25 1. Add to-Policy 1 (p 111-26)•the :following: Appropriate mitigation measure$ for archaeological site Ora-83 as specified in Coastal Permit 5-83-984, including possitFle preservation of all or part of the site, shall be Incorporated into the LCP. For other sites, if archaeological 'resources are disclosed during any construction phase of the project, all activity which could damage or destroy these resources shall be temporarily suspended until the site has been examir*d by a qualified archaeologist and mitigation measures have been developed to address the impacts-of the project on archaeological resources. Such mitigation measures shall be reviewed by - the State Office of Histo�he ic Preservation and approved by the Executive Director of Commission. • FINDINGS RELEVANT.-COASTAL-ACT-POLICIES Section 30108.5 of the Coastal Act provides that Land Use Plans must be suffi- ciently detailed to indicate the kinds, location and intensity of land uses, the applicable resource protection -,and development policies and, where necessary, a listing of implementing actions. - Section 30231 of the Coastal Act provides that the biological productivity and the quality of wetlands appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and where feasible, restored through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water--flow encouraging waste water reclamation and maintaining natural vegetation buffer.:. areas that protect riparian habitats. - Section 30233(a) of the Coastal Act provides that the diking, filling, or , - dredging of wetlands shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative. I Section 30411(b) of the Coastal Act provides that the Department of Fish and Game may study degraded wetlands and identlf those which can most feasibly be restored in conjunction with a boating facil4Y. Section 30260 of the Coastal Act provides that ' coastal-dependent industrial facilities such as seawater desalting facilities and oil and gas field op- erations shall be encouraged to locate within existing sites such as that currently owned by the Metropolitan Water District (MWD), and that operated by Aminoil, providing that adverse environmental effects are mitigated to the maximum extent feasible. The Findings for denial of the LUP are hereby incorporated in full into these findings. A. LAND USE PLAN-AND-MAP The suggested modifications take the basic approach of accepting the concepts for a Land Use Plan developed by the County and the HCP process, and specifying policies that would prevent or fully mitigate any impacts such a Plan might have. In effect, the modifications thus - attempt to create the least environmentally damaging feasible alternative plan. In some cases, however, the uncertainty about such impacts and the feasibilty of their mitigation is so great that additional information must be developed before a final- determination can be made on whether the policies of the Act have been met. One of the principal areas of uncertainty is whether a navigable ocean entrance could be constructed, financed, and maintained in a way that it would not have impacts unacceptable under the Coastal Act. The policies suggested this report are intended to prevent or fully mitigate such impacts. By fully complying with these policies a navigable ocean entrance could be considered the least environmentally damaging alternative. But the studies which would allow the Commission to determine whether such an alternative is feasible have not been completed. -18- • Therefore the Commission is taking the unusual approach of adopting a Land Use Plan with two alternatives for an ocean entrance - one navigable,'one not. At a later point, the "Land Use Confirmation" stage, when the results of the ocean entrance feasibility analysis and the intrinsically related Restoration Plan called for fn the modifications are available, the Commission would determine whether the ocean entrance plan met the policies of the Land Use Plan and the Coastal Act. Alternative- Procedures Considered.by.the•Commission In recommending modifications which would estoblish a new two-step LUP review and approval process, the Commission has considered several options including (1) full certification as submitted; (2) certification with provisions foe withdrawal of the LUP . at the Phase III Impleoentation stage if the navigabl entrance cannot be shown to feasibly meet LUP Oolicies; and (3) withholding LUP approval until more infoMtion is available. t4 make the determinations required,. under the Act. (1) Full Certification. This option would require the Commission to find that Alternative , an specifically the navigable ocean entrance, is the least environmentally damaging feasible alternative. This option is generally favored by Signal Landmark. However throughout both the Land Use Plan and the Habitat Conservation Plan processes, the determination of the environmental bffects and feasibility -of- the navigable ocean entrance; alternative was deferred to the Corps of Engineers process. Both the LUP and the' HCP rely on the forthcoming Corps of Engineers feasibility study to proyide . the information to make the determination of the best alternative. But that study has yet to be completed, and subjected to the public hearing process. The Commission has a specific charge to make the finding that the LUP incorporates the least environmentally damaging alternative, and it cannot make that finding without a thorough analysis of alternatives. The Corps' 1983 Progress Report indicates that a navigable alternative is possible, but the report specifically declines to conclude that that alternative is the least environmentally damaging feasible alternative. In fact, as noted in the denial findings, the Corps concludes: Considerin the relative impacts of.the six concept plans [included in the report, it is not possible to identify with certainty any plan which is environmentally superior at this time. Further studies are necessary in order to weight various environmental -factors and to determine the nature of impacts on these factors. The Commission requires sufficient data to make the least damaging feasible determination. The Commission can agree with County's choice of the Corps to'do this work. But until this work is done in s manner sufficient to support the required analysis, the Commission cannot make its determination as to the least damaging alternative, and therefore cannot fully certify the Plan as submitted. (2) Certification with .Possible Withdrawal In the staff discussion on the proposed'mDdifications, the County has ormally suggested language as a substitute for specifying alternatives in the Land Use Plan: If the letter and intent of these standards cannot be fully satisfied via designs and feasible mitigation -19- • measures identified and developed during the LCP Phase .III/ Specific Plan and the Corps of Engineers Sunset Harbor - Study (e.g. , Technical Studies, EIS/EIR), the County shall withdraw its plan from the Coastal Commission. Any Plan - resubmitted by the County must be entirely consistent with the above-referenced standards in order to be deemed certifiable by the Commission. Adopting this.. option would have many of the failings discussed in connection with the first option. As a practical consideration it would tend to focus attention on the navigable alternative. and could lead to insufficient effort to evaluate other alternatives which. with adequate study, could prove less environmentally damaging. Specifying at least one alternative which appears to entail less environmental risk is one way the Commission can be sure the Corps study or any similar evaluation will yield the information necessary to make the .determination required by PRC 30233.... Having such an alternative would provide the Commission a clear way out of the dilemma that might ensue if the feasibility study of the design and financing of the navigable entrance were to reveal that the mitigations necessary to meet the policies of the modified LUP were too technically difficult, too expensive, and/or too difficult to finance. Also this option would make it more likely that the Commission would be faced with arguments that it must accept somewhat less than full' compliance with the LUP alternatives because there Was nonviable alternative. Finally. under this option, if the studies resulted in withdrawal of the LUP,, the costly and time-consuming process of-'LUP preparation and approval would have to be begun again. (3) Withholding. LUP . Modifications. This approach would eliminate the ' possibility of certification unTil substantially more information is available. Given the inadequacy of available information, this approach would certainly be consistent with a conservative -interpretation of the Act. However, simply denying the LUP might do little to give the County guidance about what kind of Plan would be certifiable. To avoid this predicament the Commission might give the County some form of concept approval that would avoid the legal requirements of an- LUP approval. However, both the County and the major landowners have expressed their keen desire to see some form of Commission commitment to a Land Use Plan sufficient to warrant their further investment in the studies necessary to finalize the LCP. LUP Confirmation.Process. The-Commission has considered each of the above options and determined that each has unacceptable shortcomings. Instead, the Commission adopts a new procedure for approval of this LUP, as set forth in the suggested modifications. This process is designed to be responsive to the unusual environmental and planning constraints of the Bolsa Chica Subarea as well as the Coastal Act's procedural and substantive requirements for LUP certification. Information now before the Commission indicates that an LUP involving a non-navigable ocean entrance to a Bolsa Chica marina (Alternative 2) would be approvable as consistent with Sections 30233, 30240. and 30411 of the coastal • -20- Act. However, the County has submitted a plan with a navigable ocean entrance (Alternative 1). The county and major landowners contend that this alternative also can be carried out consistent with the Coastal Act. As they acknowledge, --- however, costly and lengthy studies will be needed to demonstrate whether And how-it can be done. , In order to provide impetus for these studies, the County and landowners look to the Commission for commitment to Alternative 1, should it.be proven consistent with the Coastal Act. The Commission, on the other hand, is concerned that id the forthcoming study process, attention be given to identification of the environmentally best " means of imiplementid.g Alternative 1, should it be the ultimate choice. If it is not the choice, the Commission prefers to minimize the need for renewed planning and review efforts at the County and State levels. Thus the Commission adopts suggested 0041fications which, if -incorporated.:: into the LUP, would result in certifi tion of a plan containing bosh -. - Alternatives 1 and 2. By adopting these suggested -modifications, the County will agree to participate after certification in an LUP confirmation review by the Commission. At that time ' the Corps study, the Restoration Plan, and other relevant information wi)l be submitted. to the Commission and form the basis of a new evaluation of Alternative 1 in light of standards stated in the suggested modifications. The certification of Alternative 1 will be confirmed (and' alternative 2 no lodger deemed certified) only if it fully.satisfies all of the following criteria.- (a) a navigable ocean entrance would have no significant adverse effects and would conform with Public Works Policy 10; (b) The Restoration Plan can be accomplished as provided 1n the modified LUP; and M The navigable ocean entrance 1;s consistent with all other policies of the modified LUP and with the Coastal Act. If it does not satisfy all of these criteria, Alternative 1 will no longer be deemed certified and Alternative 2 will be the certified LUP. The LUP confirmation process is separate from the Phase III Implementation, . including any specific plan to- be adopted by the County. The Commission expects that it will not be possible develop certain provisions of the LCP Implementation until the choice be�een Alternatives 1 and 2 is firsal. Therefore, the LUP confirmation review .must be conducted separate from the Implementation Ordinance review and sufficiently prior to it to allow accommodation of the Implementation provisions to the final LUP choice. . Because the confirmation of one alternative to the exclusion of the other involves identification of kinds, locdtion, and intensity of land uses, this LUP confirmation process is an extension of the LUP review prowess established by the Coastal Act. Thus the LUP confirmation will be carried out consistent with the procedural provisions of Section 30512(c) of the Coastal Act and Article it of the Commission's regulations .(Title 14, Administrative Code). This will include preparation and circulation of a staff report and recommendation, public • -21- • -hearing, and vote by the Commission on whether Alternative 1- fully satisfies the specified criteria. Affirmation must be by a majority of appointed Commissioners. Land Use Plan Map The Land Use Plan provides for the following features: ° 915 acres-of restored wetlands within the 1,292 acre historic wetland delineated in the DFG wetland determination. The precise mix of habitats to be created in this area would be defined in the Restoration Plan recommended by modification. ° 86 acres of specified Environmentally Sensitive Habitat area, exclusive of the restored wetland, to replace kind for kind the areas that would be eliminated by the development,permitted under the plan. The :.. location of these areas would also be specified in the Restoration Plan. . A Linear Park on the Huntington Beach Mesa, 57 acres of which is within the Planning Area. ° A 75 acre Marina with associated commercial. In Alternative I the marina would be located approximately at the seaward, terminus of the present Warner-Garfield Flood Channel (Exhibit 1(a). In Alternative 2 it would be located in the low lying portion of the Bolsa Chica Mesa as shown in Exhibit 1 (b). Th6 modifications speCify certain key public boating and visitor serving facilities that the marina complex would have to include. The land allocation to these uses is consistent with the Analysis of Demand found in the County's Supplementary Information (Enclosures B. pg. C-5). ° A navigable connection to Huntington Harbor. The allocation of land to this connection is sufficient to provide a workable channel as described in the supplementary information provided by the Conservancy. ° The balance of the area would be taken up in residential uses of varying density, the necessary buffers for the wetlands and ESH areas, roads and other public facilities. The principal difference between Alternative 1 of the modified Land Use Plan and Alternative 2 is that the ocean entrance in Alternative 1 is navigable, whereas the entrance in Alternative 2 is not. Alternative 2 would also provide for the designation of a portion of the Metropolitan Water District Lands as Coastal Dependent Industry/wetland. • -22- • Modification A 3 -is necessary because the policies suggested in these modifications, operate in an integrated and interdependent fashion. The LUP contains a myriad of policies subject to various interpretations. Rather than belabor each of these, and each of its possible interpretations, the modifications are established as controlling. It also should be noted that the Denial of the Land Use Plan denied the entire policy sections rather than individual policies. The Denial Findings are hereby incorporated in full. Modification •A (4): .Land.Allocation•Policy As indicated in the Commission's findings of Substantial Issue (April 8, 1982), and Denial (Nov. 15 1984) the Department of Fish and Game has completed wetland studies of Bolsa Chica. In its April 16, 1982 submittal to the Commission the Department found that there are 686 acres of degraded, but viably functioning wetland and 384 acres of restorable historic wetland in the Bolsa Chica study area as defined in that report:...:_ Excluding the area contained in the StatO Ecological Reserve these figurers -. - are 616 and 384 respectively. The Depalrtment further found pursuant to Section 30411 that while the 616 acres of existing wetlands are not severely degraded, if one considers the degraded wetland ecosystem as a whole, including the 384 acres of restorable former wetlands, that this comprises a 1,000 acre severely degraded ietland system which is in need of major restoration. The Commission notes that portions of the Department's study area are located outside of the jurisdiction of the County of Orango, and therefore the acreage figures within the Bolsa Chica LUP area diffor slightly from the above. However, in its substantial issue determination, the Commission found that Of Bolsa, Chica Area required action as an integrated unit. Consequently the Planning Area discussed herein includes the entire wetland system identified by the Department. Exhibit 4 summarizes the Department's findings on the breakdown of the lands within the lowlands. Generally, only those uses specified in Section 30233 of the Coastal Act are allowed within a wetland. However, since Bolsa Chica constitutes a 1000 acre "severely degraded wetland system in need of major restoration", other uses can be considered pursuant to section 30411. The table prepared by the Department of Fish and Game (Exhibit 5) illustrates that were it not for this finding little to no urban development would be allowed. Section 30411 specifically allows construction of a boating facility on 25% of a severely degraded wetland if the remaining 75% is restored. SectioO* 30411 (b)(3) also requires that consideration be Ivan to "whether there4re other feasible ways to achieve such [restoration values In Section VIII. D. of the wetland guidelines, the Commission interpreted this language to allow consideration of uses other than boating facilities if such uses are "other, more feasible ways to achieve such values". , It appears that residential development on remedial fill would be one such 'other feasible way tg achieve such Values", and may be allowed under Section 30233 and 30411 if such development could also be found to be the least environmentally damaging alternative. The Commission finds that a Land Use Plan and accompanying policies to protect resources as set out in these suggested modifications in their entirety meets these requirements. The obligation of such development under the Act is to assure that the wetlands in fact are restored as a result. The modifications deal with this obligation in two regards; the amount of wetlands, and the adequacy of their restoration. • -23- • i- The debate over how much wetland should be restored at Bolsa Chica has been Intense. As noted above the Department of Fish and Same has determined the area to be a wetland system. During the Habitat Conservation Plan process, the Department of Fish and Game re-examined their determination of the amount of wetland that is required to be restored pursuant to PRC 30411. In the 'Department of Fish and Game Statement on State Coastal Conservancy Habitat Conservation Plan (HCP) for Bolsa Chica' (see Enclosure C, Appendix A), the Department states: We...have determined that all of the 268 acres of wetlands in the state-owned Ecological Reserve may be considered as part of the severely degraded wetland system of Bolsa Chica in conjunction with the other areas of the system. Also, we have elected to delete 50 acres of feasibily restorable wetlands from the wetland acreage computation because these acres were also found to be Environmentally Sensitive Habitat (ESH) in accordance with Section 30240. Therefore, these acres must be included for protection pursuant to this section of the Coastal Act. Thus, in accordance with these amended provisions, the Department finds that a total of 913.5 acres of the severely degraded wetland system must be restored in the Bolsa Chica area in order to allow development to proceed in accordance with Section 30411 of the Coastal Act. The principle parities to the SB 429 effort agreed to' a total of 915 wetland acres. In.addition, 866 of Environmentally Sensitive Habitat must also be protected within the study area. This determination represents a compromise to a long standing dispute. The Commission concurs in this compromise. B. WETLANDS.AND• ENVIRONMENTALLY•SENSITIVE-HABITAT-RESTORATION The modifications for wetland and ESH restoration provide for the development of a specific Restoration Plan for the design, construction, operation and maintenance of the enhancement of habitat as Bolsa. The Restoration Plan is especially necessary because of the difficult site conditions of the areas designated for restoration (in the midst of an active oil field, in the flood control channel and mixing basin, and in an artificially created canyon perched at the upper ends of tidal influence). Since urban development in the wetland system is only permitted because it is the means of restoring the wetland, those who propose development are required by the modifications to pay for all costs associated with restoration. The acreage of wetland to be restored would ultimately be 915 acres as discussed above and in the Denial Findings. Additionally the modifications require that 86 acres of other environmentally sensitive habitat areas also be recreated and/or restored in site. In order to assure full functioning of the wetlands and other habitats, adequate buffers are required to protect these sensitive areas from the impacts of the intense urban uses planned adjacent to them. County Policies 3 and 4, (p III-20 and 21) provide that a marsh restoration, operation and maintenance plan shall be designed by- a , Technical Advisory Committee and developed in accordance with the Bolsa Chica Public Facilities Management and Finance Plan, Phase II. Policy 6. -24- (p III-21) provides for the project to be phased so that marsh restoration proceeds along with other project developments in the lowland. Section 30231 of the Coastal Act provides that the biological productivity and quality of wetlands be maintained and where feasible, restored. Section 30233 provides that diking and filling in wetlands shall maintain or enhance the functional capacity of the wetland. It is necessary to modify the County's policy in order to insure that allowable' fill and development on- the fill does not occur without the restoration required under Section 30411. The suggested modifications provide that there be no loss in wetland or environmentally sensitive habitat at any time. This modification insures that no fill may be placed prior to the restoration of acreage which would offset or mitigate the lost wetland acreage and, as noted in the findings for denial , achieves consistency with Sections 30231 and 30233 regarding maintenance of biological productivity and functional wetland capacity. Modification 7: Polio 10 (p. III-21) provides that buffer areas shall be established to protect wi dlife habitat. Section 30231 of the Coastal Act provides for the maintenance of natural vegetation buffer areas to protect riparian habitats while Section 30240(6) provides for development in areas adjacent to environmentally sensitive habitat ares to be sited and designed to prevent impacts which would significantly degrade such areas. As noted in the findings for denial , (Commission Permit Historyi Exhibit B, in Appeal No. 349-79, Huntington Beach Co., Seacliff IV) , a residential project on the Huntington Beach bluffs was conditioned to provide a continuous buffer area in excess of 100 meters between the project and the Bolsa Chica wetland. In the Ballona LUP, a comparable situation to Bolsa, the Commission provided for; 100 foot buffers with an additional 50 foot structural setback.This was necessary in order to find the project consistent with Sections 30231 and 30240 of the Coastal Act. In addition, the scenic and visual qualities of the marsh should not be walled off from public enjoyment by residential development. Section 30251 of the Act provides that such qualities be protected as a public resource and that development shall be sited to protect views to and along scenic coastal areas, (Catalina Island is immediately adjacent to Bolsa Chica and is often visible). Given the- above constraints, the placement of a 100' buffer next to the wetland, separated by -a fence, with a continuous heavily vegetated lateral pedestrian path and bike path paralleling the shoreline will afford the necessary resource protection since intrusion from noise and lights would be minimized by the vegetation. Residential development would be placed outside the buffer zone, thus achieving consistency with Sections 30231 and 30240 of the Act. C. PUBLIC ACCESS Section 30210 of the Coastal Act provides that maximum access shall be provided for all the people consistent with public safety . needs and the need to protect public rights, rights of property owners and natural resource areas from overuse. Section 30211- of the Coastal Act requires that new development not inter- fere with the public's right of access to the sea. Section 30212(a) provides that public access from the nearest public roadway to the shore- line and along the coast shall be provided in new development projects except where it is (1) inconsistent with public safety or the protection of fragile coastal resources or (2) adequate access -exists nearby. Section 30252 of the Coastal Act -provides for the provision of transit with pew development. - Modifications 1 and 2 call for access along through the develo It all along the marsh MR. the ocean shoreline and the marina except where there are valid safety concerns due to dangerous machinery). In the inland waterway system, access would be provided along the immediate waterfront in the high density areas, and at recreation and access nodes placed throughout the developed area. The nodes in the low and medium density areas would be linked by a continuous trail system along the roads behind the waterfront homes. A Linear Park corridor along any cross-gap connector would link the whole system to Regional Park. The Commission finds this access system.,.- consistent with section 30212(a). (See Exhibit 2) This policy modification must also be delineated on the Coastal Access Concept Plan, Exhibit 35, and all exhibits derived therefrom in order to demonstrate consistency with LCP Regulation 00042, Public Access Component which calls for the delineation of specific geographic areas proposed for direct physical access to coastal water areas. Policy 14 (p III-27), provides that alternative forms of transportation with an emphasis on public forms, shall be encouraged. The Commission is not modifying this policy with understanding that new development will maintain and enhance access to the coast by providing adequate parking facilities or providing a substitute means of serving the development with public transportation. Modification G. 1.(c)(1) to LUP Policy 10 (Ocean Entrance) provides that the ocean entrance plan fully protect existing swimming, surfing and beach enjoyment opportunities. This modification requires that any beach parking that might be eliminated by an ocean entrance will be replaced or mitigated by public transportation such as park-and-ride shuttles to the beach area. Testimony by the State Department of Parks and Recreation at the June 18, 1982 public hearing indicated that the Bolsa Chica State Beach currently serves over 3,000,000 people annually with the beach operating at approximately 25% under capacity due to lack of adequate parking. Modification 8: PCH- Reroute and Cross Gap This modification provides policies to control the location of PCH and the cross gap connector. This issue was the subject of intense debate through the HCP process. The "mini-reroute" solution for the location of PCH with Alternative 1 was one of the more creative ideas to emerge from this process. The modification and Land Use Plan map provide for a corridor in which the cross gap connector would be located. This corridor, as shown in Exhibit 1 extends from 200 feet to 950 feet away from the property line of the nearest houses. The Commission leaves the decision of where precisely to locate the cross gap road and any connection to the marina, in local hands. The proposal modification are consistent with the resol4tion on the subject submitted by the City of Huntington Beach, which has Bolsa Chica . within its sphere of influence (Exhibit 6). • -26- • D. RECREATION.AND•VISITOR-SERVING-FACILITIES.AND-RECREATIONAL-BOATING Section 30213 requires provision of lower cost visitor-serving facilities. - - Section 30222 lends priority to visitor-serving commercial recreation on suitable. private lands while Section 30223 provides for the reservation of upland recreational support areas. Section 30224 provides, in part, that recreational boating shall be encouraged by developing dry storage areas increasing public launching facilities and providing for neM boating facilities in areas dredged from dry land. Modification 1: The supplementary information submitted by the County confl rms MeMrket demand for 550 overnight units and visitor serving boating facilities. This modification addresses the needs confirmed in those studies. Modification D-2: provides that there be no net loss of beach area as a.,. result of the ocean entrance. As the findings for denial indicate, the three-mile long Bolsa Chica State Beach serves approximately 2,000.000 visitors per year. Testimony by the State Department of Parks anod Recreation at the June 18, 1982 public hearing increased this estimate to 3,000,000 visitors and indicated that the Beach is . operating at approximately 25 percent under capacity .due to lack of adequate parking. As the findings for denial further indicate. Section 30211 of the Coastal Act provides that development shall not 'interfere with the public's right of access to the sea where acquirod through use or legislatilte, authorization which are both applicable 46 this case. A non-navigable, rip-rapped ocean entrance could much more easily meet the intent of Section 30211 than. a navigable entrance since the channel would be much narrower, and would be shallow enough to encourage wading and swimming during much of the year. Indeed, the shallow water and offshore bar might well enhance the recreational value of the beach for children "d swimmers. The Modification. G-2 for the Ocean Entrance more thorough y addresses this issue. F. HAZARDS Section 30108.5 of the Coastal.Act defin¢s land use plan to mean the relevant portion of a local goveinnent's;General Plan which is sufficiently detailed to indicate the kids, location, and intensity of land uses, the applicable development policies and, where necessary, a list of implementing actions. Section 30253 of the Coastal Act provides that new development shall minimize risk to life and property in areas of high geologic hazard. The County has completed additional geotechnical studies on the questions raised in the substantial issue determination. Those studies are currently being reviewed by the California Division of Mines and Geology. The modifications provide that the criteria established by the Division for mitigation of hazard be incorporalted in specific studies prior to Implementation. Both alternatives of the Plan generally avoid -placing structures in. the fault zone, allocating that area to boat channels -or wildlife habitat. -27- As noted in the findings for denial , the economic implications of geotechnical hazards are of great concern as well , not only because. substantial public investment or liability may be involved but also because the fundamental wetland restoration policy question in Bolsa Chica rests on the issue of feasibility. Under the Coastal Act, development•in wetlands is only allowed if there is no feasible. less environmentally damaging alternative (30233a). and where the remainder of the wetland is restored (30233(a)(3) and 30411). Although hazard mitigation nay be possible through such techniques as soil densification, addition of overburden, tying back bulkhead sheet pilingss unit foundation pilings, and mat foundations in addition to structural setbacks, the project's economic feasibility may also be severely undermined or altered. This potential dramatic change in the economic feasibility of the project is a risk the proponents of development have chosen to take. It cannot be permitted to affect the amount required of any development proposed in. the lowland wetland system or ESH areas. The lommission finds that the detailed.,. analysis of feasibility of hazard mitigation can be deferred only because -: - the Modification Sections A and B in their entirety provide adequate safeguards that the restoration required by the Act will be accomplished. F. SCENIC AND VISUAL•RESOURCES Section 30251 of the Coastal Act requires protection and enhancement of visual qualities to and along coastal areas and where feasible,, 'is visually degraded areas. Section 30253 provides =that new development shall minimize risk to life and property in areas of high geologic hazard and shall not require the construction of protective devices that would substantially alter the natural landforns along bluffs. Modification G (LUP Policy 1, p. III-14) provides that the character of e SolsaTfirca and Huntington Mesa bluffs shall be maintained and enhanced. This policy does not provide an adequate level of specificity to protect the panoramic view of coastal beaches, wetlands, and bluffs. As noted in the findings for denial . structural setbacks of 100 meters have been required for the Seacliff IV development on the Huntington Beach Mesa in prior Commission permit action. Structural setbacks varying from 25 to 100 feet depending on bluff heights (10 to 50 feet) are adequate for the Bolsa Chica Land Use Plan to provide•• protection given the relatively degraded state of the entire bluff system and the desirability of transferring as much development as possible out the lowland to the upland Bolsa Chica Mesa. The State Department of Fish and Game Scenic Overlook requires special preservation and enhancement due to its historically strategic viewing location. (the former "Gun Club" site) as does the inland side of Outer Bolsa Bay due to its immediate visdbl proximity to Pacific Coast Highway and the Bay itself. Thus, policies providing mechanisms such as structural setbacks and revegetation are suggested modifications necessary to achieve ,consistency with Sections 30251 and 30253 of the Coastal Act. Section 30251 also provides for protection of scenic and visual qualities to and along the ocean and scenic coastal areas. As noted in: %he findings for denial , the Bolsa Chica segment is one of the last portions of the. Orange County coastline which possesses a strong visual connection between -28- the ocean and wetland. environments. Any bridges constructed over a new navigable, non-navigable or other ocean entrance system must preserve that visual character as much as possible. G. PUBL IC NORKS Section 30108.5 of the Coastal Act provides that Land Use Plans must be sufficiently detailed to indicate the kinds, location and intensity of land uses, the applicable resource protection and development policies and, where necessary, 9 listing of implementing actions. Section 30231 of the Coastal Act provides that the biological productivity and the quality of wetlands appropriate to maintain optimum populations of marine organisms and .the the protection of human health shall be maintained and where feasible, restored. through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff,.=: preventing depletion of groundwater supplies and substantial interference with surface water flow encouraging waste water reclamation and maintaining natural vegetation buffer areas that protect riparian habitats. Section 30233(a) of the Coastal Act provides that the diking, filling, of dredging of wetlands shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmental- ly damaging alternatives. Section 30260 of the Coastal Act provides that coastal-dependent industrial facilities such as seawater desalting facilities shall be encouraged to locate within existing sites such as that currently owned by the Metropoli- tan Water District (MWD), prpviding that adverse environmental effects are mitigated to the maximum extent feasible. In the County plan as submitted, the Public Works policies are among the most important because they allow uses within wetlands that have been identified in the Commission's findings for denials as raising major and fundamental issues. The Section of policies in the County plan allows public utilities, navigable channels, flood control facilities, and a new navigable ocean entrance. Under the proposed policies, many decisions regarding the location of facilities would be deferred until later stages of planning. Finally, land owned by the Metropolitan Water District that , may be needed for public utility purposes has been designated for a marina, despite the objections of MWD. These problems have led to the specific modifications which are now analyzed. Modification G-1 provides that a specific plan for utilities shall be submitted for review as part of Phase III. As the .findings for denial indicate, neither plans nor specific policies for the size and location of major utility System reaches such as sewers are indicated in the LUP. Such a denial of fundamental decisions is inconsistent with Section 30108.5 of the Coastal Act. The modification to require a policy controlling the location of major utilities is therefore necessary to achieve consistency with Section 30108.5 of the Act. This policy must indicate that reaches shall not be planned through wetlands or other environmentally sensitive habitat areas. in order to achieve consistency with Section 30233(a) which permits such activities only where there is no feasible less • -29- environmentally damaging alternative. Since it is feasible .to place utili- ties, such as sewers, below proposed streets, no dredging or filling of wetlands beyond the allowable would appear necessary. Ocean Entrance Modification G-2 provides specific policies for the design of any ocean entrance an c annels to Huntington Harbor and the visitor-serving marina complex. A non-navigable entrance would significantly reduce the problems involved in dealing with sand transport and shoreline processes. The findings of consistency for an ocean entrance are extensively reviewed in Section 1 (Land Use) above and in the denial findings. Those findings are incorporated here. Huntington.Marbor Connection The question of a navigable connection with Huntington Harbor was another - - subject of great debate during the HCP process. Both alternatives of the Land Use Plan proposed in the modifications contain an enhanced water quality connection. Alternative 1 provides for a connection to the new navigable entrance. The land allocated to this connection is outside the existing outer Bolsa Bay wetland, except for a small portion directly at the entrance to Huntington Harbor, and is wide enough to accommodate a 120-foot channel and a buffer to protect the existing wetlandf of Outher Bolsa. The policy language of the modification is derived from the HCP supplemental information submitted by the Conservancy. It reflects their conclusion on financing that: ' no sin le mechanism for funding the connection (estimated at $18 million] was advanced (although a range were discussed in County financial documents (Draft Report on HCP issues, p 15 - see Enclosure D). It may in fact be concluded that when the costs, and financing impacts of such a connection are fully identified, the connection will appear less attractive. the Modification, however, keeps the door open to an appropriately designed connection. Modification 4-4 provides that the County of Orange cooperate with the ropo tan a er District of Southern California, to ensure compatibility between MWD's prospective transmission corridor uses and to find an alternative site. Section 30260 of the Coastal Act provides that coastal-dependent industrial facilities such as seawater desalting facilities shall be encouraged to locate within existing sites such as that currently owned by the The Metropolitan Water District of Southern California (MWD), providing that adverse environmental effects are mitigated to the maximum extend feasible. As noted in the findings for denial , MWD has indicated that its "Transmission Corridor" parcel of land within the Land Use Plan area may be utilized to connect seawater intake facilities located on an offshore Tidelands Grant to facilities located on its nearby "switchyai�," parcel of land (outside of the Land Use Plan area in the City of Huntington Beach). Because portions of the MWD "transmission corridor" parcel are wetlands or -30- environmentally sensitive habitat, adverse environmenta_1 impacts would have to be mitigated. If that is done, some uses on the MWDParcel would be compatible with resource protection and enhancement.. Alternative 2 limits MWD's options less than Alternative 1. MWD's wetlands obligation is met by locating-on its property a portion of a sedimentation/mixing basin designed to provide wetland habitat consistent with the Restoration Plan. Modification G-5 provides that prior to any land division a specific Public aci ities anagement and Financing Plan (MAFP) will be prepared to provide secure contracturAl arrangements for the phasing, funding, constructing, operation and maintenance for key project elements. These include the identification of all facilities, services and land area involved and all other public project and marina capital projects; costs and preliminary funding for all facilities, services, land and public project and marina capital projects; a plan for funding the costs identified in 'the Phase I MAFP, including identifying specific sources, methods and reasonable. : possibilities of securing such amounts. This Plan. essentially provides development agreement. In the absence of a demonstration of feasibility for the project elements at the Land Use Plan stage as required by sections 30108.5, 30233, and 30411 as discussed above, the specific agreements to phasing and assurances of implementation of plan policies at the implementation stage. Modifications G - 6, 7 and 8 are necessary for consistency 'with other modifications. H. ENERGY Section 30260 of the Coastal ;Act provides that where new or expanded energy facilities are proposed in wetlands, maximum feasible mitigation shall be provided to minimize adverse environmental effects. Section 30233 of the Act permits energy and coastal-dependent industrial facilities to be sited in wetlands only if this is the feasible, least environmentally damaging. alternative, where feasible mitigation measures such as consolidation of facilities and site restoration upon abandonment are provided to minimize adverse environmental effects and the functional capacity of the wetland is maintained or enhanced. Section 30231 of the Coastal Act provides that the biological productivity and the quality of wetlands appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and where feasible, restored through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging wastewater reclamation and maintaining natural vegetation, and buffer areas that protect riparian habitats. - Modifications H. -- Land 2 provide for planning to facilitate consolidation of facilities and site restoration upon abandonment. Given the extremely high cost of oil and gas well consolidation, the LUP as modified would provide for the less costly solution of berming and access road consolidation combined with redistribution of water sources via culverts. - -31- i The Restoration Plan proposed in these modifications woyld specify measures that would enable the coastal dependent industrial land use of. energy production to co-exist with the preservation, restoration and enhancement of the wetland use. It may in fact prove possible that the water levels in the cells between the roads could be limited to -1.5 feet MS1 consistent with restoration needs. However, as noted in the findings for substantial issue on the HCP, it is inappropriate to so limit the Restoration Plan at this time. Any adverse effects on the oil field operator could be, part of the negotiations between the proponents of development and Aminoil• during the development of the Restoration Plan. I. ARCHAEOLOGY Section 30244 of the ,Coastal Act establishes a mandate to protect archae ological resources as identified by the State Historic Preservation Officer and mitigate the impacts of development upon them. As noted in the find- ings for denial , the Commission adopted Archaeological Guidelines on , December 16, 1981 establishing priorities for mitigation measures and placed prohibition of development over such resources at the top of the order of preference. The Guidelines adopted also call for a Peer Review Statement including input from at least three qualified archaeologists and consultation with affected Native Americans. Section •30108.5 of the Coastal Act defines Land Use Plan to be an element sufficiently detailed to indicate the kinds, location, and intensity of land use, the applicable resource protection and development -policies and, where necessary, a listing of implementing actions. The proposed modifications incorporate the provisions of the Guidelines pertaining to discovery of any known sites, and the specific provisions of the Commission approved permit for work at ORA-83. During the joint County/Commission staff review of ORA-82 which was also noted in the denial findings, an error in the alignment of the Coastal Zone boundary as shown in the County Plan was noted. Since the Coastal Zone runs along the Huntington Beach Bluffs and not along Edwards Street as shown in the County's Plan, ORA-82 does not lie within the Coastal Zone and cannot be the subject of suggested modifications for this Land Use Plan. ALTERNATIVE LAND USE PLAN Bolsa Chica IhmlirMlan Beach CeMra!PasN ILLUSTRATION; i • Navigable Entrance A ^ ` V/ON fxttig . •= •�:�.. � .r wr wr r r COASTAL ZONE MY. LCP SEGMENT MYCor(ldo( •:;, -:� "_;,_.� _;`:,_ �•' v� • , Gap aped \ �.:.-:' •:'�•-w• 'j:- .#•w- •� m cross Riparian Area 7:A •� �L H llnulon Har\10 Seaclill.� - -- w r .�•..P}.!i:�:�,i^.w w, . • w _ ••� ;}. ,• A ntlnpton Harbour Connection -• Y. +- # _ ..r Piciflc Cois�i 1 1 A-- "4 . r: oisa g —— — Bolsa Chita State Park - - State Perk - Ct>fca - • - - golsa - ---- -,.. ....w..,...._..�....-- EXHIBIT N0. 1A LEGEND Wetland Connection LOW DENSITY RESIDENTIAL MARINA COMMERCIAL Channel .. 4' RED. DENSITY RESIDENTIAL �� ` MA MOPEN SPACE llIGR DENSITY RESIDENTIAL ' LINEAR PARK/OPEN SPA ALTERNATIVE LAND USE PLAN — Rolsa Chica Ilunlinplon Beech CeMrd Ihak ILLUStRAT10N 2 •Nf3�l-��1@ En#�'$pC8 _ ��,��� ARN 1;4• lb •r urr liw r COASTAL ZONE 8W. i j` a1 - - • - -- LCP SEGMENT am �. _ d COttldOf I Cross Gap po14 81 0k reiluff��-"hires:.:.- Hurittnglon Harbour ,.•. - ._ .... ,a w �,. w, -�.�': :' .' �A •• w '�. . ..� + �q-,: �, w - ••.^ y �- �....w .fir� .• L'-_w � � . .q i:'.►:�, + ,.�_ .'� _ - ,^_,�.....arw.':-+'•�. 'ii''� �-:? -��.;-i y/�t•''-. 'i;�- S 2'V'SeacN It IV � • •. �••�A. w .-•�`_w''• '� �-•.lam _�•.x fi_"� A, -� w.' •�. w_.•• �` ;� nt- - fey lag : ,-��. _A �. ..�=- `'' ^ s I'scllk Coi'si tli`Aw• - �.� ._ Boise Chica Slate Perk Bolsa cl>ica State Park EXHIBIT No. 18 LEGEND LOW DENSITY RESIDENTIAL IIAR111A C011fl[RCIAL MID. DENSITY RESIDENTIAL EIMARS11/0PEN SPACE /►fir. IIIGII DENSITY RESIDENTIAL am LINEAR PARK/OPEN SPACI ACCESS PLAN - Bolsa Chica llunllnolon Beach C•abd Perk • Ulke/Pedestrian Tral .• Equestrian TraH Linear Park /Cross Gap Corridor �a�j . �� "Edwards Thumb' ® Access Node (See full-size map for detain J� �o� use Jet y FM r ri w w� COASTAL ZONE SOY.. � ' '4:'•R. ;� ■ �C .- •�-•--�►- LCP MOMENT NOW MW f }s.� �_:.�,h6r.' � '"`,: ,.....,,.... • .: •.. a-'�'-;P•cifle•void'IN Irw• �.�.'. .... .•.�: s. . � �;if�'!t��� _ 46d .�•.:.� •-' �%it%NN�t1• ■�•■N>An�iiNiNNJA/NN■n/NNNwBNwNB• non r1+ Ji Perk a i�i " : n Boise Cilica State Park Boise (Mica State w • ............... EXHIBIT NO. LEGEND LOW DENSITY RESIDENTIAL MARINA C0111WRCIAL t'ED. DENSITY RESIDENTIAL ♦tom` MARSII/OPEN SPACE HIGH DENSITY RESIDENTIAL. MLINEAK PARWOPEN SPAO 3. Criteria for Establishinc Huffer Areas A buffer area provides essential open space between the development and the environmentally sensitive habitat area. 'rho existance of this open space ensures that the type and scale of development proposed will not significantly degrade the habitat area (as required by Sac-..ion 30240). Therefore, development allowed in a buffer area is limited to access paths, fences necessary to protect the habitat area, and s4-4 A uses which have either beneficial effects or at least no ai gm ficant adverse effects on the envirommentally sensitive habitat area. A buffer area is not itseL a par- of the eavironmenzaly sensitive habitat area, but a 'buffer' or "screen" that Protects the habitat area from adverse envrraraental i=pacts caused by the development. A bu.'ter area should be established for east development adjacent to environmentally sensitive 'habitat areas based on the standards enumerated below. The width of a '.offer area will vary dependinq'upon the analys:a. The buffer area should be a -:-;— of 100 feet for small projects on we-z-timg lots (such as one single family home or one ccr..aercial office buildisq) unless the app"cant can demonstrate that 100 feet is unnecessary to protect the resources of the habitat area. If the project involves substantial improvements or increased human impacts, such .as a subdivision, a aazch wider buffer area should be requlr-ed. For this reason the guideline does not recc—nd a uniform width. 'Me appropriate width will vary with the analysis raised upon the standards. For a wetland, the buffer area should be measur*d from the Landward edge of the wetland (Appendix D) . For a stream or river, •„he buffer area should be measured landward from the Landward edge of riparian vegetatlon or from .tie top edge of the bask (e.g. , in channal+ wed s~.seams) . :`Saps and supplemental i:forration say be ragu.ired to detaYriae these 5xumda— es. Standards for dete=4 nq the appropriate width of the buffer area are as follows: 1. Biolocical sieai.:icaace of adjacent lands. Lands adjacent to a wetland, strea3a, or riparian habitat area vary is the c'.eg+ee to whiff they are functionally related to these habitat areas. That is, functional relationships may wrist if species associated with such areas spend a significant portion of their Lie cyclo on adjacent lands. Tho degree of sign'�ficance would depend upon the habitat rem+_emaats of the species is the habitat a_--ea `eedisg, breeding or resting) . ♦.lis determination requires, the expertise of as ecologist, Wildlife biologist, orsithologisc or botanist who is familiar with the particular type o:' habitat involved. Where a sigmificimc functional. relationship eex sts, the land supporting this relarionshig should also be considered to bra part of the environmentally sensitive habitat area, and the bur=er area should be =assured fr'bt the edge or these lands and be- sufficiently wide to protect. these functional relationships. 54here no significant function-a' relatianships exist, the buffer should be extended rise theedge of the wetland, stream or ripariaa habitat ( for eYamgle) whit:% is ad jaceat .o the; promos d. development (as oaposed to the adjacent area which: is significantly :eLated em=11.ogica.11y). 2. sensitivitf of species to disturbance. The width of the; buffer area should be based, is part, on the distance necessary to ensure that the most sensitive species of plants and animals will liar be disturbed significantly by the pezmittted development. Such a dstsrmiaation should be based on the following: a. Nesting, feeding, breading, resting or other habitat requi smsnts of both resident and migratory fish and wildlife species. b. An assessment of the soart-ta= and long=ce= adaptibility of : various species to huUM disturbance.' 3. Susceptibility—of parcel to erosion. :he width of the buffer area should be based, im part, on an assessment of the slope, •soils, impervious sur:acs coverage, runoff characteristics, and vagscative cover of the parcel and to what degree the development Will change the potential for erosion. A sufficient butter to allo,s for the interception. of any additional material eraded as. a result of the proposed development should be provided. 4. Use of natural torn _aahic features to locate development. 8i1I3 and Lugs adjutant to env:roamenta _y sens,-Eve habitat areaa should be used, ehe-s feasible, to buffer habitat. areas. Where- otherwise pe=xitted, developmsat. should be locatqd on the sides of hills away from environmentally sensitive habitat'areas:' Siailarly, blur: faces should not be developed, but should. ber included in the: buffer azea.. S. Use. of am--stinjr cultural features to. locate buffer zones. Cultural :enures, (e.g., roads and arced snoulb be used, where feasible, to buffar habitat areas. Where feasible, development should bat located on the. s:.de of roads, dikes, ixrigation canals, rood: control channels, etc. , way !--= the save.-omeazally sensitive habits= area. b. Lot caa:icuration and location of existing development. where an existiaq subdivision or other development is largely built-out and the buildings a+-e a nnifozm distance frma a habitat area, at least that same distance will be required as a ba::er area for any now dsvelopmanz permitted. However, if that dis�.aace is less tijan 100 feet, additional mi tigstron msasu: es (s.g., plarm1=9 of native vegetation which grows locally) should be provided to ensure additional protection. Where development is proposed in an area which is largely undeveloped, the widest and most protective barer a--ei feasible should be required. 7. Tee and scale of develo=ent nr000sed. The type and stale of the proposed development will, to a large degree, detersine the s:xe of the buffer area necessary to protect the eavi_ y sensitive habitat area. Tor exa le, Cue to domestic pets, human use and vandalism, r+esiden..ial developments may aot be as compatibie as light iaftstrial developmeaa adjacent to wetlands, and may therefore require wider afar areas. However, such•evalrateons should be made on a case-by-case basis depeaLnq upon :he resources involved, and the type and densicy or do, lopment oa adjacent laads. TABU I (Ither Vacant Property Within Me Study A"a as Shovm on Class State Ecological Reserve— the Accoeman ink+-+ R Totel I. Historic Wetland 276 acres 1 ,016 acres 1 ,292 acres A. lion-degraded Wetland 166 acres 0 acres 166 acres B. Degraded but viably functioning 70 acres 616 acres 686 acres vretland - major restoration not required. =t =•�a= ►-}.—TV60ding documented high and 70 acres at leapt at least moderate habitat value to 480 acres 550 acres wetland-associated avifauna. 2. Providinq low value for wetland- 0 acres at most at most associated avifauna and areas nat 136 acres )36 acres yet thoroughly evaluated. C. Severely degraded historic wetlands no 40 acres 400 acres 4=0 acres longer viably functioning as wetlands, and major restoration required. 1. Below 5 ft contour 32 acres 384 acres 416 acres 2. Above 5 ft contour 8 acres 16 acres 24 acres II . Historic Upland 13 acres 19 acres 32 acres Ig MEMO ��►IAIIO ,•.p�'''�"':��•/•'�•f1,1 rr I:�.Y y..,•I• �./.� 1 ♦.1.� Fit, It I f 11104 SA%v w►n@M , ,;���,.`;,�i''i.:�'•.!. f'•'•:�;•+� 1 1 •i!�' I' / . `� t..J V L7 (IRACKMN YAR$M • ,• •.%!•!/::a�•i; f'.��I'.f. ,/r ,_r �'• •!�.:r�; 1 .,FAC5NWAt14 Y.Ilall .;�'••r• �' ,•a•••�� '�•. r •,r;�.•'`.• I �,��1 •, • t� fir. i TtoAl N t: sir �. ''.•,t,:'t•'•'.;� . c � .. r1(t)lt•� ; • r •�. IIOII,110AL wA/tA OOM$ : A�i; •'��. •�..:,.,'�; /.`i •.t • �' :•; 1• :1,/M'r�\ •• • • 1 •1�.0 s;•••,•,;j•I, j.r ,. h Y•.•r..:.• }i .t 1��1/ '!•:`, 1 A,-•. t T r1Csl[wttS T1.TS :s :•/r� \, , A go / .. / u11M1/[fiC/Atill/LATS � /••/f`1::� � - ..a•, •j.•Y ,.n�• ./i`�r/i •...•.•t., :,' .,. \'t•' .\•'►•�;/••�',� ♦. ��, .. •: �''�� •%� /•%.•I r.f•,'•: �.•• •1; S �:� '� �i�.tt4 ` ..-:� .�•,..: i[r /\��♦'„�'t\�r.��.r�./� t.l'�I f �Maf1H.AL0 �. It�; .L•• 't ` . ,•I t',•'''i%',•r,••It .1•.�•�•%.H�. J •.,i.`•'.'r•. �.t.��,. y• a' \�f/);.i. ,v �/^�/It f•`� •i! _j 1"-'__+� . .'�:. i::+ ,�./ •;.•./ �.: :: i.• /� - cir}, Ill rv/� 11 (, pit'•• �l .•,�•: .'f, .•:, .�� • ��,��'�•�. •.•r• .•J Y ,.,, - _•iL'�A�•j Y .• •n' t l p 1 r •1 t ._ �w� fie L L\�T < - '�. _. r �l� r • ti\q�r� �• is 'v , ... iJ. -•� -i _J I ���, •• . r ��'`♦ !�� '• ! r �. �•1 1., \ I f �• 1` .��"'�\ \ 1� v•'• ram, r • 1 •�r� �' `�� �/ � /•»-If••• +�'\ i /,:''I��.J �\ 1 1• `.: ♦� i ''_►1 �:� � •. %1 1,'f-� � �c• 1 I ���.ifif.. . I•� f . _:.Oros. `)v��\`�/�♦ /;tlt;•• �, / - .• .J�.�'r t [i !_ri'11 r`. 1�r y � i�•.�I � 1• '_�: �!• 1�,�'t.i\/i��Z��—�/ 1 � ��, [•�� . 1 ,-• R Al I I a A— '' �'`/ ' , 1 ( � :�.A�!/�� /• �\�� �. _�—"-�j--mil r ` !' ��l•�=+�' 1 •� _e Ice; :;00� . ,, .. — - _ '' ..... ' 1 `:.� � � ' I ! � _ •'pis•', '•�-ter' • L:.•'a:.:.•/: ..•fir .. •v%» •.• /•�•• �. ~'i • •, , T. •', Generalized Pi!sp •f 1rialer Habitat Types C OASTA'L D U N E 13OLSA CHICA R\a•i R hw r.,•••--••./.•••M-.•,. ,�t•M••V.•\ .•• •N• f'�•�,•� Lii.J 1 • r................•r.1•.,.»,•r..v....• s..•......na t\.�C �7 C:7 E1IM'�.T • :'ap r-ndi!!ed ifc"3 !oisa C4ica Surrle-enta2 L::R 31-:!7. 1 FIGURE i - w l. at. va acret2 e fi?ur or C:"I:lanu! r•(:stoL--1Li0n and development .t t_• :1:: 1•.11"1::�.`tl ir! tile tr,:)lu.; bu LOW: Table 1 - Tho Approach 1 HviLlz:nd ."Zor-toration A. Within tn2 • State-own_d Ecological Reserve 1 . Existing Iletland. . . . . . . . . 7,35 acres 2. Restorable :Jon-wetland . . . . . 32 acres 3 . Total %zetla nd poozible. . . . . . . 268 acre B. None-.citrate Land Outside Reserve 1 . Existing Wetland • . . . . . . . . . 616 acres 2 . Restorable Non-wetland • . 384 acres 3 . Total area of the wetland system. 1000 acres 4. Total to be restored-0. 75 x 1000 [From Coastal Act Section 30411 b( 2) and b( 3 ) _l . . . . . . . . . . . 750 acres C. Overall Wetland Acreage to be Pestored 1. Within Reserve . . . . . . . . . . 268 acres( i .e. 236 + 32 ) 2 . Outside Reserve . . . . . . . 750 acres( i .e. 1000 x 0 . 7 3 . Grand Total of wetland to be provided. . . . . . . . . . 1018 acres II Vi.•velopmenL Potential . . . . . . . 250 acres Table 11 - No SysLem Approach I rr:ctla.nd Festoration A. Within the State-owned Ecological Reserve 1 . Existing wetland . . . . . . . . 236 acres 2 . Restorable non-wetland . . . . . . . 32 acres 3 . Total to be restored . . . . . . . . 268 acres I') Non-state Lands Outside the Ecological Reserve 1 . Existing Wetland . . . . . . . . 616 acres 2. Restorable non-wetland with little, if any, development potential . . . . 334 acres 3 . Total area .. . . 1000 acres 4 . Tot-al which may be restored given no development within 1000 acre area . 0 acres* II Development . . . . . . . . . . . . . . . . . 0 acres* ATO adopt. at position other than a system approach consistent with Co:i:iLal Act Section 30.111 results in no requirement for restoration. :aLher, . simply protection of the 616 acres of wetland outside the Ecological Reserve would be required by the Coastal Act. �t.ldiLionally, because cf the fragmented and largely linear nature of rion-wetland areas ( i .e. roads and fill pads ) within the 1000 acre area :ictonLif ied , the pot:eritial for development is nil given the preclusion of f i11 (ivrc3if -ion wEr.hi,i erisL-inq areas. NOV i W J CALIFORNIA RESOLUTION NO. 5454 COASTAL COMMISSION A RESOLUTION OF THE CITY OF HL'NTINGTON BEACH ADOPTING CONDITIONS OF APPROVAL FOR THE BOLSA CHICA LAND USE PLAN WHEREAS, it has taken many years study to prepare a General Land Use Plan for the Balsa Chica; and Numerous parties, both public and private; have made contributions to said plan; and The city staff has diligently studied all alternatives so as to best serve the long term interests of the citizens of this area. NOW, THEREFORE, BE IT RESOLVED: j Balsa Chica Avenue shall be extended to Garfield Avenue at the minimum width necessary to safely and efficiently handle traffic, preferably 80 feet, and shall be designed to encourage southbound traffic to utilize Warner Avenue enroute to Pacific Coast Highway. The extension of Balsa Chia Avenue shall connect with a new connecting street to Pacific Coast Highway and such connecting street shall, in turn, be connected to Warner• Avenue. In a similar manner, Garfield Avenue shall have a connecting street via an extension of :Edwards and 38th Street with Pacific Coast Highway. The extension of Balsa Chica Street to Garfield Avenue shall allow the tie-in of Springdale, Talbert, and Graham. Sufficient distance shall be provided (a ',minimum" of 800. feet) between the Balsa Chica Street extension and existing residential properties in order to complete the local street systems through cul-de-sacs and, in addition, to allow for proper development of low density residential properties which would border the Balsa Chica -Street extension and be compatible with existing development . All street construction shall be performed under standard City of Huntington Beach development requirements, as depicted in Exhibit A. Any reroute of Pacific Coast Highway shall be limited to the "mini reroute" and shall provide for adequate - and satisfactory access for the city' s Warner Street Fire Station. The City of Huntington Beach shall have no financial obligation ' for any Pacific Coast Highway reroute. A navigable connection between Huntington Harbour and the Bolsa Chica Marina is favored to allow for needed improvement of water quality in Huntington Harbour and as an alternate boating outlet. This alternate outlet is needed due to possible limitations on the use of Anaheim Bay, which is primarily for the U.S. Navy Weaporis • Station. The City of Huntington Beach shall not have any significant financial obligations through general funds for such navigable connection. Any ocean cut of the Bolsa Chita State Beach should be done only after comprehensive modeling to determine the impacts on the sandy beach. Only under designs which predict no or minimal effects does the city favor such ocean cut. Ways and means should be required 'also ' to provide 'for the financing of any required sand replenishment program. The City of Huntington Beach shall have no financial obligation for any ocean cut or channel maintenance. All land uses within the Bolsa Chica shall be compatible with existing development and appropriate transitions of zones shall be provided adjacent to all - existing zones . Due regard shall be given to topographic* features and seismic conditions as well as for utility services. The City of Huntington Beach favors optimizing wetlands restoration and open-space development, but expresses concern with regard to the viability of some of the wetlands area shown in the extreme northeastern tip of the Bolsa Chica. Special attention should be directed toward this area so as not to ' create nuisances for existing residential development as the result of odors, insects, etc. All wetlands restoration shall be within the bounds of the project area. 2. PASSED AND ADOPTED by ' the City Council of' the City of Huntington Beach at a regular meeting thereof held on the day of ,. 1984. Mayor ATTEST: APPROVED AS TO FORM: City Clark City Attorney REVIEWED AND APPROVED: INIA TED�BND APPROVED: amity Administratoe Director of Public Works WNW 3 . 4 L � 1 _ / / 3 WM F�E.�117E-Nf1�L s '"'"" p�51D1'1JTIAL.. rie5IveNnAL J lot" CA. EXFII:RIT A