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HomeMy WebLinkAboutFile 1 of 2 - Holly Seacliff Specific Plan - Final Environme J REQUEST FOR CITY COUNCIL ACTION December 2, 1991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrato��. Prepared by: Michael Adams , Director of Community DevelOpm Subject: ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1; GENERAL PLAN AMENDMENT NO. 91-2; ZONE CHANGE NO. 90-10 AND CODE AMENDMENT NO. 90-10: HOLLY SEACLIFF SPECIFIC PLAN Consistent with Council Policy? Yes ( ] New Policy or Exception �� At G5 .3,:r Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE• Transmitted for City Council consideration is the proposed Holly-Seacliff Specific Plan which will establish general provisions and development standards for the Holly-Seacliff area . A minor general plan amendment and an Addendum to Final Environmental Impact Report No . 89-1 is being processed concurrently. In addition to an analysis of the comprehensive Holly-Seacliff Specific Plan, Community Systems Associates, on behalf of the Huntington Beach City School District, has filed an appeal to the Planning Commission' s approval on October 29 , 1991 of the proposed Holly-Seacliff Specific Plan, General Plan Amendment No. 91-2 and an Addendum to Final Environmental Impact Report No . 89-1 . RECOMMENDATION• Motion to : 1 . "Deny the appeal and sustain the Planning Commission' s action. " 2 . "Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Resolution No. (, 3 3tf- and" 3 . "Approve General Plan Amendment No. 91-2 by adopting Resolution No. 1, 3-:�_11; and" 4 . "Approve Zone Change No . 91-10 and Code Amendment No . 91-10 with modifications proposed by staff based on findings by adopting Ordinance No . 3 /.zg . " P10 5/85 Planning Commission action on October 29 , 1991: ON MOTION BY NEWMAN AND SECOND BY RICHARDSON, THE COMMISSION ACCEPTED AS ADEQUATE THE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 BY THE FOLLOWING VOTE: AYES: RICHARDSON, NEWMAN, SHOMAKER, KIRKLAND, DETTLOFF, BOURGUIGNON, LEIPZIG NOES: None ABSENT: None ABSTAIN: None MOTION PASSED ON MOTION BY BOURGUIGNON AND SECOND BY RICHARDSON, THE PLANNING COMMISSION APPROVED GENERAL PLAN AMENDMENT NO. 91-2 BY THE FOLLOWING VOTE: AYES: RICHARDSON, NEWMAN, SHOMAKER, KIRKLAND, DETTLOFF, BOURGUIGNON, LEIPZIG NOES: None ABSENT: None ABSTAIN: None MOTION PASSED ON MOTION BY BOURGUIGNON AND SECOND BY NEWMAN, THE PLANNING COMMISSION APPROVED ZONE CHANGE NO. 90-10 AND CODE AMENDMENT NO. 90-10 BY THE FOLLOWING VOTE: AYES: RICHARDSON, NEWMAN, SHOMAKER, KIRKLAND, DETTLOFF, BOURGUIGNON, LEIPZIG NOES: None ABSENT: None ABSTAIN: None MOTION PASSED GENERAL INFORMATION: On January 8, 1990, the City Council adopted the Holly-Seacliff Master Plan and certified Final Environmental Impact Report No. 89-1 for the Holly-Seacliff area. The Master Plan designates types of land uses and densities while Final Environmental Impact Report No. 89-1 addresses environmental impacts resulting from future development in the area. In order for development to occur, staff is recommending that a Specific Plan be adopted for a portion of the Holly-Seacliff Master Plan area in order to fully address the goals and policies in the Master Plan and to implement the mitigation measures in Final Environmental Impact Report No. 89-1. The City of Huntington Beach has initiated Zone Change No. 90-10 and Code Amendment No. 90-10 in order to establish the Holly-Seacliff Specific Plan for 569 acres in the Holly-Seacliff Master Plan area . RCA 12/2/91 -2- (1497d) Pacific Coast Homes has submitted General Plan Amendment No. 91-2 in order to shift seven (7) acres of commercial from the southeast intersection of Garfield Avenue and Edwards Street to the southwest intersection of Garfield Avenue and Goldenwest Street. Also, the applicant is requesting to shift residential densities near the intersection of Garfield Avenue and Main Street which will result in no additional units . The third request is to permit oil production/oil consolidation in the two (2) industrial land use areas . The requested amendments to the Holly-Seacliff Master Plan require the processing of a general plan amendment to the City' s Land Use Element. In order to process the amendment, staff has prepared an addendum to the original environmental impact report. Section 15164 of the California Environmental Quality Act states "The lead agency shall prepare an addendum to an environmental impact report if only minor technical changes or alterations are necessary to make the environmental impact report under consideration adequate under the California Environmental Quality Act and no new significant effects on the environment are raised. " ANALYSIS: The proposed Holly-Seacliff Specific Plan was thoroughly reviewed by the general public, City consultants, staff and the Planning Commission. The following is a schedule of workshops, study sessions and public hearings which were conducted in order to encourage public participation and input: March 11, 1991 - Community Workshop May 14, 1991 - Community Workshop July 2, 1991 - Planning Commission Study Session September 4, 1991 - Planning Commission Study Session/ Public Hearing September 17, 1991 - Planning commission Study Session/ Public Hearing October 29, 1991 - Planning Commission Study Session/ Public Hearing As a result of the numerous meetings with the general public, individuals and the Planning Commission, staff recommends that the City Council adopt the Holly-Seacliff Specific Plan with modifications . RCA 12/2/91 -3- (1497d) Issues : The following is a discussion of major topics of concern relating to the Holly-Seacliff Specific Plan: School District Concerns : In reaction to the Planning Commission' s approval of the proposed Holly-Seacliff Specific Plan, the consultant to the Huntington Beach City School District has filed an appeal . The reasons for the appeal and staff ' s response are addressed in a separate section on page 6 in this report. The Planning Commission, staff, the major landowner and the District contributed to the suggested language contained in the draft Specific Plan regarding future school sites . The Specific Plan contains language which permits future school sites and identifies the process to designate a school site. In addition, the language requires that the school site issue be resolved prior to the approval of any tentative tracts in the Specific Plan area. Gothard Street Deletion: The Planning Commission deleted the raised medians in Gothard Street between Ernest Street and Main Street. The medians were deleted in response to existing industrial business owners expressing major problems with the raised medians. Staff recommends that Gothard Street plans depict raised medians and postpone the construction of the medians until the industrial properties recycle into lighter industrial uses which would not be constrained by raised medians and restricted left-turns. Building Height Definition: The Planning Commission approved a new definition of building height which is outlined in the plan. Staff recommends the following language for a building height definition for the Holly-Seacliff Specific Plan: Height._ A vertical dimension measured from a datum established at top of curb or centerline of street (adjacent to the front property line at the mid-point of the lot) to the highest point of any roof feature, including mechancial equipment screening. RCA 12/2/91 -4- (1497d) Affordable Housing: The Planning Commission' s recommended affordable housing provisions are contained in the proposed Specific Plan. The Planning Commission expanded the affordable housing provisions to include the requirement of an Affordable Housing Program for each residential project located within the Specific Plan area. The Affordable Housing Program will address housing for households of low to moderate income levels and can be provided both on-site or off-site. Staff recommends that the City Council consider amending the language in several ways : a. Percentage of Affordable Housing 20% or 15%: Staff believes that it is appropriate to provide 20% of the units ultimately constructed in Holly-Seacliff for low and moderate income households . The City' s long term economic future is interdependent on creating a diversity of housing stock in the community affordable to families earning $50,000 - $65,000 a year. Further, the rules of the specific plan have been drafted to allow about 25%-30% more units than would be permitted under the City' s existing zoning regulations . These units should be used to balance the housing stock. Staff has consistently recommended 20% affordable housing within Holly-Seacliff in order to work toward meeting its long range housing goals . b. On-site or Off-site Construction: Staff believes that the opportunity exists to master plan the affordable housing units so they can co-exist within the Holly-Seacliff area. If the affordable housing to be constructed outside the Holly-Seacliff area, it will raise concerns within existing neighborhoods because of compatibility, density, and appropriateness . The City has a unique opportunity to plan a large vacant area as opposed to using high density infill projects to meet its affordable housing goals. c. In Lieu Fees : Staff believes that residential parcels of less than one (1) acre in size should have the ability to pay an in lieu fee into an affordable housing trust fund instead of providing on-site units. However, this would be contingent upon the staff developing a fee structure which is approved by the City Council . Development Standards: The Planning Commission increased lot sizes in Planning Area I to a minimum 7, 000 square feet in size; a minimum of 50% of the lots in Planning Area II to 6,000 square feet; and added to Planning Area II-1 a provision which requires future projects be designed as an inward oriented planned community (similar to the Beachwalk Community) . RCA 12/2/41 -5- (1497d) i The classifications for the low density residential areas were revised to identify Low Density Residential 1 (7,000 minimum square foot lots) , Low Density Residential 2 (minimum 5,000 square foot lots) ; and Low Density Residential 3 (minimum 3,300 square foot lots) . Staff recommends that the Low Density Residential 3 contain language which permits both attached and detached products. Transportation Corridor Setback: The Planning Commission and staff recommend that the proposed Specific Plan contain language which requires a ten (10) foot setback to habitable floor area adjacent to the five hundred (500) foot southerly portion of the corridor area where a mass transit station may be developed. Non-habitable floor area would be permitted to build to a zero (0) setback to the transportation corridor. Summary of Planning Issues : The Planning Commission addressed the above major topics during the October 29, 1991 Planning Commission meeting. The proposed Specific Plan implements the goals and policies of the Holly-Seacliff Masterplan and the mitigation measures contained in Final Environmental Impact Report No. 89-1. Staff and the Planning Commission both recommend approval of the proposed Holly-Seacliff Specific Plan with minor modifications as discussed. The Appeal : The following is a discussion of the appeal letter dated November 6, 1991 which was submitted by Community Systems Associates (CSA) . CSA has submitted the 78 page appeal letter on behalf of the Huntington Beach City School District. The appeal is based on the following assertions : 1. The City has failed to comply with the administrative procedures an requirements of the California Environmental Quality Act and the CEOA Guidelines . Staff has complied with the administrative procedures and requirements of the California Environmental Quality Act and the CEQA Guidelines. The proposed Specific Plan and associated general plan amendment are covered by an Addendum to Final Environmental Impact Report No. 89-1. The initial study, checklist and determinations have been included in the addendum which is included in this report . The addendum was prepared for the City of Huntington Beach by FORMA in order to fully address any potential impacts and to expedite the preparation of the document. The addendum was prepared and circulated for a 21 day comment period. Staff notified each agency who commented on Final Environmental Impact Report No. 89-1 in addition to interested parties . RCA 12/2/91 -6- (1497d) Staff received comments to the Addendum and a response was prepared for each comment. One comment from one adjacent city agreed with the processing of an Addendum in the context of the project. The Addendum and proposed Specific Plan were advertised properly and were approved by the Planning Commission on October 29, 1991. 2 . The applications are not in compliance with the Huntington Beach General Plan adopted December. 1976 and amended through July. 1990. All applications are in compliance with the General Plan as amended through July 1990. Staff hired a planning consultant (STA) to review and advise staff on the preparation of the environmental documents and the proposed Specific Plan. It was noted that three (3) minor land use revisions in the proposed Specific Plan required a general plan amendment. Pacific Coast Homes submitted a general plan amendment to: • Shift seven (7) acres of commercial from the southeast corner of Edwards Street/Garfield Avenue to the southwest corner of Goldenwest Street and Garfield Avenue; • relocate residential densities near Main Street and Garfield Avenue with no increase in units and • to permit all consolidation projects in the two industrial land use areas . The Planning Commission approved General Plan Amendment No. 91-2 and the Addendum prior to approving the proposed Specific Plan. Staff maintains that the proposed Holly-Seacliff Specific Plan is consistent with the City' s General Plan. 3 . The applications are not in compliance with the Holly-Seacliff Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes ("Developer" or "Applicant") and Garfield Partners The applications are in compliance with Development Agreement No. 90-1 based on the following discussion. Development Agreement No. 90-1 requires Pacific Coast Homes/Garfield Partners to perform the following: Section 2 .2 .8 of Development Agreement No. 90-1, approved by the City Council on November 5, 1990, reads as follows: i RCA 12/2/91 -7- (1497d) (a) Developer agrees to designate an area for a public school site as provided in the California Government Code, City Ordinances and other applicable laws . The City incourages the Developer and the school district to negotiate in good faith to reach a mutual agreement. Each required item in Development Agreement 90-1 has or will be implemented in the following manner: 1. The school site has been designated north of Garfield Avenue between Edwards Street and Goldenwest Street. The proposed Specific Plan contains language which permits a school site anywhere in the Specific Plan area. If the designated school site is deemed unacceptable, then the City will initiate a general plan amendment to designate a new school site. 2 . The District and major land owner in the Specific Plan area have been negotiating for the past six (6) months in order to finalize the discussion regarding the school site at the October 29, 1991 Planning Commission meeting. Language was drafted which seemed acceptable to both parties . Staff recommended that the revised language be incorporated into the Specific Plan. 4 . The applications are not in compliance with General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1; and the applications are in compliance with General Plan Amendment No. 89-1 and Final Environmental Impact Report No. 89-1. See discussion under item 2 . 5 . The Specific Plan does not comply with Section 65451 of the Government Code. The proposed Specific Plan is in compliance with Section 65451 of the Government Code. Section 65451 reads as follows : Content of Specific Plans : (a) A specific plan shall include a text an diagram or diagrams which specify all of the following in detail : (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. RCA 12/2/91 -8- (1497d) (2) The proposed distribution, location, an extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, an utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1) , (2) and (3) . (b) The specific plan shall include a statement of the relationship of the specific plan to the general plan. The proposed Specific Plan contains all the required text and diagrams which illustrates the distribution, location and extent of land uses within the Specific Plan area. The Technical Appendix provides a thorough analysis and distribution of proposed infrastructure improvements . The Specific Plan provides mitigation monitoring and addresses the financing of public facility projects . The proposed Specific Plan describes the relationship of the Specific Plan to the General Plan and to the format and text and diagrams required by the Government Code. Staff, consultants to staff and the Planning Commission recommend that the City Council approve the proposed Specific Plan. Environmental Status : General Plan Amendment No. 91-2, Cade Amendment No. 90-10 and Zone Change No. 90-10 are covered by an Addendum to Final Environmental Impact Report No. 89-1. Final Environmental Impact Report No. 89-1 was certified by the City Council on January 8, 1990. FUNDING SOURCE• Not applicable. ALTERNATIVE ACTION• 1. The City Council may modify General Plan Amendment No. 91-2, Code Amendment No. 90-18 and Zone Change No. 90-10 as desired. 2 . Continue the applications to a special meeting or to the January 6, 1992 City Council meeting. i RCA 12/2/91 -9- (1497d) ATTACHMENTS: 1. Resolution No. C �3-!) (GPA 91-2) 2 . Resolution No. -S 41 (EIR 89-1 Addendum) 3 . Ordinance No. 3ia 6 4 . Appeal letter dated November 8, 1991 5 . Letter from Cox, Castle & Nicholson dated November 20, 1991 6 . Planning Commission Staff Reports dated October 29, 1991 7. Draft Addendum to Final Environmental Impact Report 89-1 B . Draft Holly-Seacliff Specific Plan MTU:MA:RF: lp I RCA 12/2/91 -10- (1497d) r f COM-WUNITY SYSTEMS ASSOCIATES,INC. November 8, 1991 Ms. Connie Brockway City Clerk CLR=TIDIED CITY OF HUNTINGTON BEACH 2000 Main Street Post Office Box 190 Huntington Beach, California 92648 - �n SUBJECT: Appeal of Planning Commission Decisions: =" a) Acceptance as Adequate the Addendum to Final En- vironmental Impact Report No. 89-1 by adoption of Planning Commission Resolution No. 1450; b) Approval of General Plan Amendment No. 91-2 by adoption of Planning Commission Resolution No. 1451; and c) Approval of Zone Change No. 90-10 and Code Amend- ment No. 90-10 Dear Ms. Brockway: On behalf of the Huntington Beach City School District ("District") , our firm has been authorized to file an appeal to the October 29, 1991 decisions of the Planning Commission relat- ing to the following applications ("Applications") and actions: a) Acceptance as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adoption of Planning Commission Resolution No. 1450; b) Approval of General Plan Amendment No. 91-2 by adoption of Planning Commission Resolution No. 1451; and c) Approval of Zone Change No. 90-10 and Code Amendment No. 90- 10. The District is in receipt of the Notice of Action dated November 1, 1991 on each of these actions. We note that the Planning Commission's actions were "approval, " and that the notices state: "In your case, the last day f�r filing an appeal and paying the filing fee is not applicable. " (emphasis added) ATTACHMENT NU. A "public/private project management, feasibility, and implementation" 1717 SOUTH STATE COLLEGE BOULEVARD •SUITE 100 9 ANAHEIM,CALIFORNIA 92806 •TELEPHONE(714)978.8887 t COYMYMTY SMEYS ASSMU Ei INC -� Ms. Connie Brockway CITY OF HUNTINGTON BEACH November 8, 1991 Page 2 We note also that Section 9880 of the Municipal Code of the City of Huntington Beach provides an appeal procedure on "any deci- sion, determination or requirement of the Planning Commission. " Section 9880 states: "9880 Appeal by A�licant or Interested Parties.Interested Parties. Appeal may be made to the City Council from any decision, determination or requirements of the Planning Commission by filing notice thereof in writing with the City Clerk within ten (10) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and grounds by and upon which the applicant or interested party deem himself aggrieved. " There appears to be a contradiction between the date of appeal as set forth in the Notice of Action, and the provisions of Section 9880. In order to preserve any and all of the District`, s remedies, and so as to ensure that the District has taken all administrative steps to protect its interests, the appeal to the City Council of the City of Huntington Beach is hereby filed in accordance with Section 9880 of the City of Huntington Beach Municipal Code. The District takes notice of Attachment "A, " which was approved as an amendment to the Holly-Seacliff Specific Plan in an attempt to address the issues raised in the oral and written testimony of the District and others, at the Planning Commission meeting of October 29, 1991. The District, however, maintains that the Planning Commission ac- tions and the Applications failed to address the issues raised by the District, as follows: 1) The City has failed to comply with the administrative proce- dures and requirements of the California Environmental Quality Act and the CEQA Guidelines; 2) The applications are not in compliance with the Huntington Beach General Plan adopted December, 1976 and amended through July, 1990; COrYu 22VTTEMS2AS50"TESMINC " war Ms. Connie Brockway CITY OF HUNTINGTON BEACH November 8, 1991 Page 3 3) The applications are not in compliance with the Holly- Seacliff Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes ("Developer" or "Applicant") and Garfield Partners; 4) The applications are not in compliance with General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1; and 5) The Specific Plan does not comply with Section 65451 of the Government Code. The detailed discussion to support the District's contentions are set forth in the written testimony of the Huntington Beach City School District to the Planning Commission, as set forth in At- tachment "B. " It is the District's conclusion that the applications as proposed, the findings of the Staff Report, the contents of the Specific Plan as amended, and the contents of the Addendum, do not comply with EIR No. 89-1, the Holly-Seacliff Development Agreement, General Plan Amendment No. 89-1, the CEQA Guidelines, or applicable provisions of the Government Code. It is also the District' s opinion that the determination of satisfying the mitigation measures identified in Final EIR 89-1, is inappropriately placed in the sole responsibility of the City. There are no assurances that this determination will be made to the satisfaction of the District. In addition, there is no criteria relative to the developers responsibility to "demonstrate" that the mitigation measures have been or will be implemented. There further is no penalty or action that will be taken should the developer not demonstrate as required. In es- sence, if the Developer does not demonstrate that the mitigation measures have been or will be implemented, what action will be taken by the City? Additionally, if the District does not believe that the mitigation measures have been attained, what ac- tion will be taken by the City to address the District' s concerns? It is the District's conclusion that the amended language to the Specific Plan as set forth in Attachment "A" is subject to inter- pretation, as are the mitigation measures set forth in EIR 89-1, which state: 4 C."S M.S MTE&INCMmw . .� Ms. Connie Brockway CITY OF HUNTINGTON BEACH November 8, 1991 Page 4 "The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The GPA designates a site for a new elementary school to serve students generated by residential development within the project area. 2 . The school district and major landowners should enter into an agreement for acquisition or lease of the site as part of implementation of this GPA. 3 . Developers should pay school impact fees to finance construction of necessary school facilities. 4. The Huntington Beach Union High School District should coordinate its expansion plans with phasing of develop- ment with the project area and surrounding areas. " The following questions are critical to the ambiguity that exist within these mitigation measures: 1) What happens if the school district and the major land owner do not enter into an agreement for the acquisition or lease of the site? Is this a mandatory mitigation measure on the developer? 2) Does the payment of school impact fees mean the statutory mandated fee as limited by Section 65995 of the Government Code; or an amount of fees in excess of statutory fees at an appropriate level in order to permit the District to "construct necessary" school facilities? 3) How is necessary school facilities defined, and who has the responsibility for that determination? 4) What action will the City take if the fees are not paid? Clearly, these ambiguities leave open the adequacy of the mitiga- tion measures, and their appropriateness to be applied to the Ap- plications. Cp4M-1 SME-S•SOMWEI..G Ms. Connie Brockway CITY OF HUNTINGTON BEACH November 8, 1991 Page 5 It is the District's conclusion that the prior actions by the City -Council and Planning Commission, and the recent approvals of the Planning Commission, will result in further financial, opera- tion and administrative impacts on the District. These impacts on the District are further set forth in Attachment "B. " In addition, all previous oral and written testimony and documen- tation before the Planning Commission and/or submitted to the City Staff is incorporated herein by reference and supports the District's contentions. Pursuant to Section 9884, we hereby request that this appeal be heard by the City Council within 30 days of receipt of this let- ter and the enclosed fee of $2DO.00, by the City Clerk. If you desire additional information or seek additional substan- tiation of the District's appeal, please feel free to contact our office. Sincerely, C iTY SY EM ASSOCIATES, INC. sh- a1 ru sident MBK:dl 4 :41 cc: Dr. Duane Dishno, Superintendent Huntington Beach City School District a � Ada 1.0fal 1C:0 u x�ASSOCUM INC -R=— \M/ ATTACHMENT "A" (DRAFT - SUBJECT TO CITY PLANNING DEPARTMENT CONFIRMATION) 2 . Page II-10 should be revised to read as follows: "h. Schools The Specific Plan Area is located within the Huntington Beach City School District (Grades K-8) and the Hun- tington Beach Union High School District (Grades 9-12) . All development within the Specific Plan Area is sub- ject to the payment of school impact fees at the time of issuance of building permits, in accordance with Government Code Section 53080. School facility impact mitigation measures per Final Environmental Impact Report No. 89-1 shall be applied to development within the Specific Plan Area (see Section VI) . Schools shall be permitted in any Planning Area within the Specific Plan in order to accommodate the elemen- tary students generated by the development of the Specific Plan and surrounding areas. A potential school site within the Specific Plan boundaries may be established by means of a general plan amendment. Any new school facility shall be developed in accord- ance with the construction and planning standards and requirements of the City of Huntington Beach and the Huntington Beach City School District, the State of California Architects Office and the State of Califor- nia Department of Education. In order to comply with mitigation measures identified in Environmental Impact Report No. 89-1, proposed fu- ture development within the Specific Plan may be required to dedicate and convey land to the school dis- trict, pay additional school impact fees and/or provide other revenues to facilitate the financing of construc- tion and land of the new school facility. In addition, mitigation may be achieved by providing new or existing permanent or temporary classroom facilities. Compliance with the above shall be addressed concurrent with the filing of the first tentative tract map. The developer shall demonstrate to , the City's satisfaction that the mitigation measures identified in Final En- vironmental Impact Report No. 89-1 have been or will be implemented prior to the tentative tract map. dl4/ltr41.ext T Y L - CQrruMT SK�f S KSOCYtES'MC. f=� CITY OF HUNTINGTON BEACH PLANNING COMMISSION PUBLIC HEARING OCTOBER 29, 1991 TESTIMONY OF THE HUNTINGTON BEACH CITY SCHOOL DISTRICT Addendum to Environmental Impact Report No. 89-1 General Plan Amendment No. 91-2 Zone Change No. go-10/Code Amendment No. 90-10 Prepared and Introduced by: HUNTINGTON BEACH CITY SCHOOL DISTRICT 20451 Craimer Lane Huntington Beach, California 92648 (714) 963-9565 Dr. Duane Dishno, Superintendent COMMUNITY SYSTEMS ASSOCIATES, INC. 1717 South State College Boulevard, Suite 100 Anaheim, California 92806 (714) 978-8887 T T r 1 ESP' ���'�nI=.NIIl�r1� October 29, 1991 COMMUNITY SYSTEMS ASSOCIATES.INC. Chairman and Members of the Planning Commission CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 RE: Addendum to Environmental Impact Report No. 89-1 and General Plan Amendment No. 91-2 ; and Zone Change No. 90-10/Code Amendment No. 90-10 Dear Chairman and Members of the Planning Commission: On behalf of the Huntington Beach City School District ("District") , we hereby provide the following written testimony to be entered into the public hearing record on the above stated applications. The District does hereby oppose and object to the approval of any action of the Planning Commission of the City of Huntington Beach to 1) accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by Planning Commission Resolution No. 1450 ; b) approval of General Plan Amendment No. 91-2 by adoption of Planning Commission Resolution No. 1451; and c) approval of Zone Change No. 91-10 and Code Amendment No. 91-10 on the following grounds: 1) The City has failed to comply with the administrative procedures and requirements of the California Environmental Quality Act and the CEQA Guidelines; 2) The applications are not in compliance with the Huntington Beach General Plan adopted December, 1976 and amended through July, 1990; 3) The applications are not in compliance with the Holly-Seacliff Development Agreement by and between the City of Huntington. Beach and Pacific Coast Homes ("Developer" or "Applicant") and Garfield Partners; 4) The applications are not in compliance with General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1 ; and "public/private project management, feasibility, and implementation" 1717 SOUTH STATE COLLEGE BOULEVARD •SUITE 100 •ANAHEIM,CALIFORNIA 92806 •TELEPHONE(714)978.8887 t ,^,ruyw,Tr SM.s SSC -Es,C "Mr, CITY OF HUNTINGTON BEACH October 29 , 1991 Page 2 5) The Specific Plan does not comply with Section 65451 of the Government Code. The attached summarizes the District' s objections to the approval of the stated applications, and sets forth their opposition. It is the District' s conclusion that the applications as proposed, the findings of the Staff Report, the contents of the Specific Plan, and the contents of the Addendum do not comply with EIR No. 89-1, the Holly-Seacliff Development Agreement, General Plan Amendment No. 89-1, the CEQA Guidelines, or applicable provisions of the Government Code. It is the District's finding that the Planning Commission has the responsibility to ensure that General Plan Amendment No. 89-1 and the Holly-Seacliff Development Agreement are complied with as land use entitlements are sought by prospective developer applicants. It is unreasonable and irrational to allow the applications to be processed in their present state without the assurance from the Developer that previous conditions of approval and mitigation measures are being complied with, and that additional mitigation measures are being applied to address known environmental impacts. it is the District's conclusion that the Developer is proceeding under rhetoric and dialogue which has not been formalized in an agreement between the District and the Developer. The District finds that the Developer is continuing to defer their commitment to fulfill the requirements of General Plan Amendment No. 89-1, EIR No. 89-1 and the Holly-Seacliff Development Agreement, and continues to pursue application procedures which fail to comply with State law. The Developer has indicated to the District on several previous occasions that they intend to fully address the needs of the District with regard to the impact generated by the implementation of General Plan Amendment No. 89-1. However, every time the District requests that the Developer formalize their commitment to this obligation, the Developer has delayed or deferred appropriate formalization. Similarly, when the District has requested that the text of the Specific Plan be modified to ensure full and complete mitigation of impact, the City has rejected such a proposal . In light of the fact that the District has committed personnel and financial resources towards gaining an agreement, we question the Developer' s motives and intentions in terms of fulfilling their obligations under the previous Holly-Seacliff Development Agreement relative to the District impacts. •.. Syr« STEMS aSSOC..TES CITY OF HUNTINGTON BEACH -%Mw October 29, 1991 Page 3 The District would suggest that the Developer not be given the Specific Plan entitlements which would allow them to proceed with subsequent tentative tracts, until the Developer addresses the school issues and required mitigation measures in good faith. Finally, it is readily apparent that there are contradictions, conflicts, and questionable interpretations relative to the contents of the Holly-Seacliff Development Agreement, the conditions of approval of General Plan Amendment 89-1, and the mitigation measures set forth in EIR No. 89-1. We would suggest that until these conflicts are resolved, the Planning Commission has no other option, but to either deny the applications or continue the consideration of the applications until the conflicts are reconciled. The District recommends the Planning Commission' s: 1) Denial of the Addendum to Environmental Impact Report No. 89- 1 on the grounds that the Addendum is an inappropriate environmental document according to the CEQA Guidelines, that the City has failed to comply with the procedures and requirements of CEQA, that the resultant project will cause a significant environmental impact on the District, and that such impacts should be evaluated in an appropriate and adequate Subsequent Environmental Impact Report due to new information of substantial importance which was not known at the time of preparation of EIR No. 89-1, as required and set forth in CEQA. and the City' s Rules for the Implementation of CEQA; and 2) Denial of General Plan Amendment No. 91-2 , Zone Change No. 90- 10, and Code Amendment No. 90-10 based upon the inadequacy of environmental documentation; non-compliance with EIR No. 89- 1, the Holly-Seacliff Development Agreement, General Plan Amendment No. 89-1; the authority granted to the City under Mira, Hart, and Murrieta; and non-compliance of the Zone Change and Code Amendment with the City' s General Plan. We ask that this letter and attachments be placed into the public record of the Planning Commission of the City of Huntington Beach relative to their consideration of the Addendum to Final Environmental Impact Report No. 89-1 and Planning Commission Resolution No. 1450 ; General Plan Amendment No. 91-2 and Planning Commission Resolution No. 1451; Zone Change No. 90-10; and Code Amendment No. 91-10 . T 1 ^ CYWwiv SVSiFUS♦SSOC uTES.K �� CITY OF HUNTINGTON BEACH October 29 , 1991 Page 4 This letter is intended to maintain and protect the District' s administrative and legal remedies, and is set forth to challenge the adequacy of the environmental documentation, and compliance of the applications with regards to General Plan Amendment No. 89-1, the Holly-Seacliff Development agreement, EIR No. 89-1, the California Environmental Quality Act (CEQA) , applicable provisions of State law, and the City's General Plan. All prior correspondences transmitted to the City of Huntington Beach, including but not limited to, those transmitted to the City Planning Department Staff and the Planning Commission of the City of Huntington Beach; and any oral or written testimony provided as study sessions and/or public hearings relating to the above stated matters, are incorporated herein by reference. Thank you for your consideration and assistance. Sincerely, 4 COMMUNITY SYSTEMS ASSOCIATES, INC. �9� a. 1 pp President mbk:mmg/dl wpl/27 cc: Dr. Duane Dishno Superintendent Huntington Beach City School District Dr. Gary Burgner Assistant Superintendent/Business Services Huntington Beach City School District LF4!1'111 '7�;-'esyr,l G�nwwn 3�'S1E u1 aSSOCurFS.0 c—�a TABLE OF CONTENTS PAGE INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 FAILURE TO COMPLY WITH CEQA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 NON-COMPLIANCE WITH HUNTINGTON BEACH GENERAL PLAN. . . . . . . . . . 3-1 DEVELOPMENT AGREEMENT NON-COMPLIANCE. . . . . . . . . . . . . . . . . . . . . . . 4-1 GENERAL PLAN AMENDMENT NO. 89-1 AND EIR NO. 89-1 NON-COMPLIANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 SPECIFIC PLAN NON-COMPLIANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 IMPACT ANALYSIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 IMPACT MITIGATION NEGOTIATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 SPECIFIC PLAN MODIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0-1 ATTACHMENTS 1 J L [;Nrnn S+STFS 55CX4*ES�_� INTRODUCTION On behalf of the Huntington Beach City School District ("District") , the District hereby provides the following written testimony to be entered into the public hearing record. The District does hereby oppose and object to the approval of any action of the Planning Commission of the City of Huntington Beach to 1) accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by Planning Commission Resolution No. 1450; b) approval of General Plan Amendment No. 91-2 by adoption of Planning Commission Resolution No. 1451; and c) approval of Zone Change No. 91-10 and Code Amendment No. 91-10 on the following grounds: 1) The City has failed to comply with the administrative procedures and requirements of the California Environmental Quality Act and the CEQA Guidelines; 2) The applications are not in compliance with the Huntington Beach General Plan adopted December, 1976 and amended through July, 1990; 3) The applications are not in compliance with the Holly-Seaciiff Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes ("Developer or Applicant") and Garfield Partners; 4) The applications are not in compliance with General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1; and 5) The Specific Plan does not comply with Section 65451 of the Government Code. i The following summarizes the District' s objections to the approval of the stated applications, and sets forth their opposition. 1-1 7- J, ,Co.--S E.S iSSO WES. FAILURE TO COMPLY WITH CEQA On June 6, 1991 the City of Huntington Beach Environmental Assessment Committee recommended to Mr. Robert Franklin that an Addendum to EIR No. 89-1 (incorporated herein by reference) be prepared on the subject applications. These recommendations came after City Staff had conducted an initial study to assess the environmental impact associated with the applications. The Committee' s finding was stated as follows: "The initial study has indicated that the proposed General Plan Amendment is substantially consistent with the project analyzed in EIR 89-1 and no analysis or mitigation measures in addition to that contained in EIR 89-1 will be required for the project. In view of this, the Environmental Assessment Committee determined that an addendum to EIR 89-1 may be prepared for the project. " On August 1, 1991 the City issued a notice soliciting comments on the Draft Addendum to Final EIR No. 89-1. Specifically, the City sought "comments as to the scope and content of the environmental information and project" , requesting responses no later than August 27, 1991. On August 16, 1991, the District sent a letter (incorporated 'herein by reference) to the City setting forth the CEQA' s administrative procedures which the City failed to comply with, and which set forth further the inadequacy of the Addendum and the additional contents to be incorporated within a Subsequent Environmental Impact Report. The City' s response to the District' s comments as contained in their Staff Report dated September 17 , 1991 stated as follows: "Comments CSA-1 through CSA-16 are acknowledged. The General Plan designates a site within the Holly-Seacliff Master Plan area for a new elementary school to serve students generated by the residential development. The potential school site is located in the Ellis-Golderwest Specific Plan area, which is not affected by proposed General Plan Amendment 91-2 . The General Plan Amendment covered by this EIR Addendum retains the same intensity of development and total number of dwelling units in each Planning Area as analyzed in EIR 89-1, Section 4. 16, Public Services and Utilities. 2-1 �y.yriv SrSiE . SSOCuiES wC i Mi Currently, Pacific Coast Homes, the major landowner within the area, and the Huntington Beach City School District are negotiating an impact mitigation agreement to provide adequate school facilities and implement the mitigation program contained in certified EIR 89-1. " It is unclear as to what is meant by "acknowledged. " Does the City agree with the District' s comments? If so, then why has the Addendum not been modified or a Subsequent EIR prepared to reflect the District' s concerns? If the City notes the comments, but does not agree with them, then why wasn 't an explanation of the disagreement provided? An addendum is considered to be a variation of an EIR pursuant to Section 15160 et.seq. of the CEQA Guidelines. As such, the provisions of Section 15088 of the CEQA Guidelines applies to the response to comments. Section 15088 of the CEQA Guidelines states: " (a) The Lead Agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The Lead Agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments. (b) The written response shall describe the disposition of significant environmental issues raised (e.g. , revisions to the proposed project to mitigate anticipated impacts or objections) . In particular, the major environmental issues raised when the Lead Agency' s position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accented. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice. (c) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR. Where the response to comments makes important changes in the information contained in the text of the draft EIR, the Lead Agency should either: (1) Revise the text in the body of the EIR, or (2) Include marginal notes showing that the information is revised in the response to comments. " (emphasis added) 2-2 CO.iwtin Si'SiEi aS50CuiE5.iC �� The response is an obvious avoidance of the sixteen (16) comments set forth by the District, and does not provide a good faith, reasoned analysis, does not provide a full disclosure of the concerns raised, or respond to the District' s criticism of the Addendum. In addition, the conclusory statements are not supported by factual information or the contents of EIR No. 89-1 (incorporated herein by reference) . The City' s Staff Report response does not comply with the provisions of CEQA. The District is in receipt of Environmental Assessment No. 91-6 set forth in the September 17 , 1991 Staff Report, which we note as being undated and unsigned. We further acknowledge Section 14 , which identifies that the applications may have an effect upon, or result in a need for new or altered governmental services (i . e. , schools) . Pursuant to the CEQA Guidelines, "yes" and "maybe" responses are required to have explanations. The discussion set forth in Environmental Assessment No. 91-6 states: "Development of the project area under the proposed HSSP will result in impacts to- Fire, Police, School and Park services and maintenance of public facilities. Public Service impacts associated will implementation of a substantially similar land use plan for the area are thoroughly analyzed in EIR 89-1 and can be mitiaated to a level of insignificance. Public facilities impacts were assessed based upon the intensity of development proposed for project area. The relocation of land uses within HSSP Planning Areas proposed by the general plan amendment is consistent with the intensity of development addressed in the EIR. Because the HSSP has incorporated all mitigation measures recommended by EIR 89-1, no significant impact is anticipated. " (emphasis added) The District has previously and herein advises the City that 1) EIR 89-1, including the mitigation measures set forth therein, does not mitigate the impacts of the subsequent land use development to a level of insignificance; 2) substantial changes have occurred with respect to the circumstances under which the project is undertaken, which require important revisions in EIR 89-1 due to the involvement of new significant environmental impacts not covered in the previous EIR; and 3) new information of substantial importance to the project has been available, and a) the information was not known and could not have been known at the time EIR 89-1 was certified as complete; and b) the new information shows the following: i) the project will have one or more significant effects not discussed in EIR 89-1; ii) significant effects previously examined will be substantially more severe than shown in EIR 89-1 ; 2-3 ------------ 'CWwl -SnIE.S iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; and iv) mitigation measures or alternatives which were not previously considered in EIR 89-1 would substantially lessen the significant effects on the School District' s environment. Based upon this information, the conclusions reached by the City in Environmental Assessment No. 91-6 cannot be substantiated or supported, and the conclusion of no significant impact is not justified. Section 15063 of the CEQA Guidelines states, in part: " . . . . (g) Consultation. As soon as a Lead Agency has determined that an Initial Study will be required for the project, the Lead Agency shall consult informally with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration should be prepared. . . . " The City did not consult with the District with regard to the resources affected by the application to which the District is responsible for, and did not obtain the recommendation of the District as to whether an EIR or a Negative Declaration should be prepared. Upon receiving a copy of the Addendum, the District did however provide appropriate comments, to which the City has responded inappropriately. Section 15063 of the CEQA Guidelines further states, in part: " . . . . (c) Purposes. The purposes of an Initial Study are to: (1) Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (2) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration; (3) Assist the preparation of an EIR, if one is required, by: 2-4 i._lu Milli ,GC wuwT S'STE-S.ESOC.TES��� (A) Focusing the EIR on the effects determined to be significant; (B) Identifying the effects determined not to be significant; and (C) Explaining the reasons for determining that potentially significant effects would not be significant. (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will .not have a significant effect on the environment; (6) Eliminate unnecessary EIRs; (7) Determine whether a previously prepared EIR could be used with the project. . . . " By not seeking consultation with the District the City has not substantiated its ability to adequately respond to the purposes of Section 15063 (c) , in that factual data and information available to the District and unknown to the City has not been considered by the City in conjunction with the preparation of the Addendum. Nor has the City attempted to gain this information and data in order to provide a reasoned analysis of the environmental impact on the District. Section 15002 (j) states: " (j ) Public Involvement. Under CEQA, an a�encv must solicitmust solicit and respond to comments from the public and other agencies concerned with the project. (See: Sections 15073 , 15086, 15087 and 15088) . " (emphasis added) Although required under CEQA, the City did not solicit comments from the District, and as such the public review process has been pursued inappropriately. Section 15200 of the CEQA Guidelines states: "The purpose of review of EIR's and Negative Declarations include: 2-5 1 rryrn S'TEr3 SSOGyFF.0 ��' LJ (a) Sharing expertise; (b) Disclosing Agency analyses; (c) Checking for accuracy; (d) Detecting omissions; (e) Discovering public concerns; and (f) Soliciting counter proposals. " The fact of the matter is that the City did not consult with the District on these issues. The purpose of the review process appears to have been avoided and has placed the District in a difficult position of having to either a) seed administrative and legal remedies available to the District; or b) overlook the error and not pursue any further remedies. Section 15164 of the CEQA Guidelines sets forth the criteria as to when an Addendum to an EIR is to be used. It states, in part: " (a) The Lead Agency or a Responsible Agency shall prepare an addendum to an EIR, if: (1) None of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred; (2) only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA; and (3) The changes to the EIR made by the addendum do not raise important new issues about the significant effects on the environment. . . . " Having not consulted with the District, the City is unable to and has not provided evidence to substantiate that these conditions have been met. To the contrary, the District has previously provided information (incorporated herein) that supports the contention that EIR 89-1 was prepared inadequately, contained information that does not reflect present conditions, and that new issues and information raised by the District are critical to understanding the significant effects of the applications on the School District's environment. In compliance with Section 15162 of the CEQA Guidelines, there appears to be adequate justification to require a Subsequent Environmental Impact Report versus an Addendum. 2-6 CGruyrn S31EYS 45 IutES u+C V�� \�I Section 15162 of the CEQA Guidelines states, in part: 1115162 . (a) Where an EIR or Negative Declaration has been prepared, no additional EIR need be prepared unless. . . . (2) Substantial changes occur with respect to the circumstances under which the project is undertaken, such as a substantial deterioration in the air quality where the project will be located, which will require important revisions in the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not covered in a previous EIR or Negative Declaration; or (3) New information of substantial importance to the project becomes available, and (A) The information was not known and could not have been known at the time the previous EIR was certified as complete or the Negative Declaration was adopted, and (B) The new information shows any of the following: 1. The project will have one or more significant effects not discussed previously in the EIR; 2. Significant effects previously examined will be substantially more severe than shown in the EIR; 3 . Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; or 4 . Mitigation measures or alternatives which were not previously considered in the EIR would substantially lessen one or more significant effects on the environment. . . . " (emphasis added) Even if the City could not have made the initial findings that a Subsequent EIR be prepared, at a minimum the District could have substantiated that a) conditions set forth in Section 15162 exist that may require the preparation of a Subsequent EIR; and b) that 2-7 CO�� ,� VVI.S.S3=WES wC On '"Mr at least minor changes or additions to EIR No. 89-1 would have been necessary in order to make it adequately apply to the project and the changed situation that exists today. That being so, at a minimum a Supplemental EIR would be required. Both a Subsequent EIR and a Supplemental EIR are required by CEQA to give the same kind of notice and public review as is given to a draft EIR under Section 15087 of the CEQA Guidelines. In our opinion, there have been substantial changes in the resources available to school districts to finance capital facility requirements, and that information relative to the District' s and State' s capability to finance costs in excess of the present $1. 58 per square foot of residential and $0. 26 per square foot of non- residential is of substantial importance to the successful implementation of mitigation of impacts as set forth in EIR No. 89- 1. The State Legislature's adoption of AB 2926, the enabling legislation which established the authorization to impose developer fees pursuant to Section 65995 of the Government Code, was adopted at a time when the Leroy F. Green State School Building Lease- Purchase Law had adequate funding to enable the State to meet its obligation to fund 50% of the cost of school construction. The amount of the imposed development fees assumed this State participation, which together would have adequately funded the mitigation required to accommodate the impact of development. The State's inability to meet its obligation to fund the State School Building Fund, and the failure of Statewide school construction bond issues to pass, has resulted in an impacted school district not having adequate funds to mitigate impact. In essence, development fees only address, at a maximum, 50% of the actual cost of impact mitigation. This information and the State's condition was not known or acknowledged at the time EIR No. 89-1 was certified, and the information shows that the significant effectseffects of the applications will be more severe than originally shown in EIR No. 89-1. EIR 89-1 assumed that the sole source of funding Co acquire the designated site and construct necessary school facilities would be the payment of school impact fees, as defined in the EIR. As will be shown herein, projected development fees from the implementation of the applications will be inadequate to finance the acquisition of property and the construction of facilities. Clearly, a more severe condition than had been stated in EIR No. 89-1. It is also worthy to note that the EIR also assumed erroneously that the District receives fees equal to $1. 50 per square foot on residential and $0.25 on commercial. In reality, there is an agreement between the Huntington Beach Union High School District and the Huntington Beach City School District which provides a sharing of collected development fees. The Huntington Beach City School District receives only 61% of development fees paid. This information was either not known at the time of preparation of EIR 2-8 4 ij ■ \4 ii!iil A li_'t C'J�uv SvS*Er3�SSOC.ES•K �C \�I No. 89-1, or was ignored as being relevant to the discussion of impact and mitigation. Obviously, if the State cannot meet its financial responsibility and the District only receives 610 of the fees stated in the EIR, it is readily clear that EIR No. 89-1 has failed to adequately disclose the conditions which would or would not enable the mitigation measures to adequately mitigate the impacts to a level of insignificance. This is particularly important in terms of the conclusions reached in Environmental Assessment No. 91-6. EIR No. 89-1 set forth student generation factor yields of . 21 students per single family dwelling and . 12 students per multi- family dwelling units, concluding that General Plan Amendment No. 89-1 would have an impact of 678 elementary students (K-8 grades) . There was no analysis to support the finding that the development fees set forth in EIR No. 89-1 would provide adequate funding to meet the demand for facilities to accommodate these 678 students. In addition, the calculations to support the finding of 678 students was not set forth in EIR No. 89-1. The District 's Development Fee Justification Report, prepared following the certification of EIR No. 89-1, supports an average District-wide student generation yield of . 1171 students for grades K-5, . 0191 students for grade 6, and . 0434 students for grades 7- 8, or a total of . 1796 students. This yield factor applied to the Specific Plan total units of 3 , 930 (569 acres) , represents 705 students. This is considerably higher than the projection set forth in EIR No. 89-1 which applied to 768 acres or 4 , 410 units. Apply this student yield factor to the EIR No. 89-1 defined project, would yield 792 students versus the projected 678 students, an increase of almost 20%. More importantly, recent evaluations of new residential construction in the City over the past 12-18 months reveal student generation yields considerably higher than the average District- wide yields. Developments evaluated included: Town Square; Pier Colonv; Huntington Place; Seacliff Estates; Ocean Point; The Villas; The Huntington Classics; The Heritage at Huntington Shores; and Central Park. The student generation factor yield which appears to represent today' s generation of students from new developments has an average rate of . 2695. Applying this to the EIR No. 89-1 defined project 2-9 'GDUYywTY{K'rFu51550Cu.TfS���� would yield 1, 188 students, substantially more than anticipated to be mitigated by the provisions of EIR No. 89-1. Apply this to the Specific Plan, the impact would be 1, 059 students. This update of student yields and the apparent additional student population impact on the District, clearly sets forth a case to provide additional environmental evaluation and mitigation, and does not support the City's contention that EIR No. 89-1 adequately mitigates all impacts to a level of insignificance. EIR No. 89-1 was adopted containing the designation of a school site as one of the mitigation measures, to be located at the northwest corner of Garfield Avenue and Saddleback Lane. The Final EIR contained letters from the District which set forth the criteria that this site would accommodate 600 students on 10-acres net. Recent information resulting from the preparation of the Specific Plan indicates that following the dedication of rights- of-way and easements as required by the City, the site will have a size of 8 . 3 (±) acres, unacceptable to the District. This new information has an adverse effect on the adequacy of the mitigation measures as set forth in EIR No. 89-1, and precludes the District ' s ability to adequately accommodate the student yields of General Plan Amendment No. 89-1 and the Specific Plan. This new information of an inadequate site designation is relevant to the applicability and adequacy of the mitigation measures set forth in EIR No. 89-1. EIR No. 89-1 did not evaluate the traffic and pedestrian movement related to student access/egress to the school site within the area, and other school sites within the District which would need to accommodate student generation from the Holly-Seacliff and Ellis-Goldenwest Specific Plans. The potentially hazardous conditions between student pedestrian, bicycle, and vehicle movement along the various vehicular corridors (i. e. , Garfield Avenue, Goldenwest Avenue, Gothard Street, and Edward Street, etc. ) have not been evaluated and analyzed to determine the impact on the students within the District. These conditions should have been evaluated in EIR No. 89-1. These four (4) areas which represent new and/or more accurate information on 1) financial resources applicable to the mitigation measures set forth in EIR No. 89-1; 2) present and more accurate student generation factors and yields; and 3) site designation inadequacy; and 4) issues not addressed in EIR No. 89-1 would indicate the need to provide Supplemental and/or Subsequent environmental analysis, supporting the District' s contention that an Addendum is inappropriate. 2-10 �r _�_... .6uTEi iMC -o '" MI In a telephone conversation with Mr. Robert Franklin on October 24, 1991, Mr. Franklin stated that the Addendum was not intended to apply to the Specific Plan. He stated that the Specific Plan was subject to the environmental review findings and conclusions of EIR 89-1. The District notes that neither the project description nor the proposed actions as set forth in EIR 89-1 indicated that EIR 89-1 would be applied to the Specific Plan. Section 15124 of the CEQA Guidelines states in part: 1115124 . The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. . . . (d) A statement briefly describing the intended uses of the EIR. (1) This statement shall include, to the extent that the information is known to the Lead Agency, (A) A list of the agencies that are expected to use the EIR in their decision-making, and (B) A list of the approvals for which the EIR will be used. (2) If a public agency must make more than one decision on a project, all its decisions subject to CEQA should be listed, preferably in the order in which they will occur. . . . " (emphasis added) Having not identified GPA No. 91-2, Zone Change No. 90-10 and Code Amendment No. 90-10, we must assume from Mr. Franklin' s comments that the City' s intention was to utilize the provisions of Section 15153 of the CEQA Guidelines which states: 1115153 . (a) The Lead Agency may employ a single EIR to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the Lead Agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. (b) When a Lead Agency proposes to use an EIR from an earlier project as the EIR for a separate, later project, the Lead Agency shall use the following procedures: 2-11 L cc-.11 SIPE.$"50CuiES.�C (1) The Lead Agency shall review the proposed project with an Initial Study, using incorporation by reference if necessary, to determine whether the EIR would adequately describe: (A) The general environmental setting of the project, (B) The significant environmental impacts of the project, and (C) Alternatives and mitigation measures related to each significant effect. (2) If the Lead Agency believes that the EIR would meet the requirements of subsection (1) , it shall provide public review as provided in Section 15087 stating that it plans to use the previously prepared EIR as the draft EIR for this rproiect. The notice shall include as a minimum: (A) An identification of the project with a brief description; (B) A statement that the agency plans to use a certain EIR prepared for a previous project as I EIR for this project; (C) A listing of places where copies of the EIR may be examined; and (D) A statement that the key issues involving the EIR are whether the EIR should be used for this project and whether there are any additional, reasonable alternatives or mitigation measures that should be considered as ways of avoiding or reducing the significant effects of the project. (3) The Lead Agency shall prepare responses to comments received during the review period. (4) Before approving the project, the decision-maker in the Lead Agency shall: (A) Consider the information in the EIR including comments received during the review period and responses to those comments, 2-12 4 A� COwwyrn^ASrE wS♦SSpCutES��� (B) Decide either on its own or on a staff recommendation whether the EIR is adequate for the project at hand, and (C) Make or require certification to be made as described in Section 15090. (D) Make findings as provided in Sections 15091 and 15093 as necessary. (5) After making a decision on the project, the Lead Agency shall file a Notice of Determination. (c) An EIR prepared for an earlier project may also be used as part of an Initial Study to document a finding that a later project will not have a significant effect. In this situation a Negative Declaration will be prepared. (d) An EIR for an earlier project shall not be used as the EIR for a later project if any of the conditions described in Section 15162 would require nreparation of a subsequent or supplemental EIR. " (emphasis added) The District notes that the City did not comply with the procedures of Section 15153 (b) . The City did not prepare an Initial Study, and it did not provide public review as provided in Section 15087 of the CEQA Guidelines. In addition, as noted herein, the District has provided information which supports the existence of conditions set forth in Section 15162 of the CEQA Guidelines which would require preparation of a Subsequent or Supplemental EIR. The District further wants to refer the City to several provisions of Section 15064 of the CEQA Guidelines which further supports the District' s position, as follows: "Section 15064 . (a) Determining whether a project may have a significant effect plays a critical role in the CEQA process. (1) When a Lead Agency determines that there is substantial evidence that a project may have a sianificant effect on the environment , the agencv shall prepare a Draft EIR. Draft EIR. (2) When a Final EIR identifies one or more significant effects, the Lead Agency and each responsible agency shall make a finding under Section 15091 for each significant effect and may need to make a statement of overriding considerations under Section 15093 for the project. 2-13 UA 4j;_ C7w�uM S'TFuS♦SSOCuiES,MC �C (b) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area. (c) In determining whether an effect will be adverse or beneficial, the Lead Agency shall consider the views held by members of the public in all areas affected. If the Lead Agency expects that there will be a substantial bodv of opinion that considers or will consider the effect to be adverse , the Lead Agency shall regard the effect as adverse. Before requiring the preparation of an EIR, the Lead Agency must still determine whether environmental change itself might be substantial . (d) In evaluating the significance of the environmental effect of a project, the Lead Agency shall consider both primary or direct and secondary or indirect consequences. (1) Primary consequences are immediately related to the project such as the dust, noise, and traffic of heavy equipment that would result from construction of a sewage treatment plant and possible odors from operation of the plant. (2) Secondary consequences are related more to effects of the primary consequences than to the project itself and may be several steps removed from the project in a chain of cause and effect. For example, the construction of a new sewage treatment plant may facilitate population growth in the service area due to the increase in sewage treatment capacity and may lead to an increase in air pollution. . . . (g) The decision as to whether a project may have one or more significant effects shall be based on information in the record of the Lead Agency. (1) If the Lead Agency finds there is substantial evidence in the record that the project may have a significant effect on the environment, the Lead Agency shall prepare an EIR (Friends of B Street v. City of Hayward, (1980) 106 Cal.App. 3d 988) . Said another way, if a Lead Agency is presented with a fair argument that a project may have a significant 2-14 CGrwrr.S3TE r5/SSOCu1E5���� effect on the environment, the Lead Agency shall prepare an EIR even though it may also be presented with other substantial evidence that the protect will not have a significant effect (No oil , Inc. v. City of Los Angeles, (1974) 13 Cal. 3d 68) . (2) If the Lead Agency finds there is no substantial evidence that the project may have a significant effect on the environment, the Lead Agency shall prepare a Negative Declaration (Friends of B Street v. City of Hayward, (1980) 106 Cal .App. 3d 988) . (h) In marginal cases where it is not clear whether there is substantial evidence that a prof ect may have a significant effect on the environment, the Lead Agency shall be auided by the following factors: (1) If there is serious public controversy over the environmental effects of a project, the Lead Agency shall consider the effect or effects subject to the controversv to be sianificant and shall prepare an EIR. Controversy unrelated to an environmental issue does not require preparation of an EIR. (2) If there is disagreement between experts over the significance of an effect on the environment, the Lead Aaencv shall treat the effect as sianificant and shall prepare an EIR. " (emphasis added) It is clear that there is serious public controversy with regard to the environmental effects of the applications, the adequacy of prior designated mitigation measures, and the appropriateness of the Addendum. There is further disagreement among the Developer ' s expert and the District's expert, and therefore the CEQA Guidelines suggest that the effects shall be treated as significant, and an.. EIR form of disclosure shall be prepared. The District has suggested and supported that the appropriate EIR for the applications is a Subsequent Environmental Impact Report, pursuant to Section 15162 of the CEQA Guidelines. The District therefore challenges and objects to the consideration of the Addendum, and requests that further consideration of applications be delayed and deferred until a Subsequent Environmental Impact Report has been prepared addressing the impacts of the application on the District, setting forth adequate and appropriate mitigation measures in accordance with Section 65996 of the Government Code, and until adequate responses are provided by the City relative to the comments set forth in the District letter to the City dated August 16 , 1991. 2-15 CO.--flrE-S/SSOC-ES The Planning Commission should be apprised of various legal decisions since the adoption of AB 2926, the development fee legislation. On January 25, 1991, Division Three of the Second District Court of Appeals issued its decision in William S. Hart Union High School District v. Regional Planning Commission of the County of Los Angeles, 91 Daily Journal DAR 1147 (2nd Dist. January 25, 1991) (hereinafter, "Hart") . The Court of Appeals in Hart considered and decided a number of the same issues that can be raised with regard to the applications. In particular, the Hart Court held: a) Mira Development Corp. v. City of San Diego (1988) 205 Cal.App. 3d 1201, was correctly decided. Government Code Section 65996 does not apply to legislative land use decisions, and a local agency retains the authority to deny a general plan or a zone change on the basis of the inadequacy of school facilities. (Id. at 1148-1150) . b) The Mira holding actually is "bolstered" by Stats. 1989 , c. 1209. (Id. at 1149) . As noted by the Court (Id. at n. 11) , the Legislature expressly stated in Section 34 of that statute that the slight change to the definition of "development project" in Government Code Section 65996 was "declaratory of existing law. " The Court further pointed out that the Legislature was presumed to have knowledge of Mira and to have amended the statute with Mira in mind. (Id. )- c) Government Code Section 65995 (e) pre-empts only "the requirements for school facilities finance that a local agency will impose -on a development project, " not the legislation of land use policies such as the zoning ordinances at issue in that case and in Mira. (Id. at 1150) . d) The County's mistaken reliance upon "erroneous legal advice" that it had no authority to consider school impacts when acting on zone changes was an abuse of discretion. (Id. at 1150) . e) The school district had the right to challenge zoning changes approved without consideration of school impacts on the ground that they were inconsistent with the County' s adopted general plan provisions requiring adequate public facilities. (Id. at 1150) . 2-16 i It lAuurx iv S+SiF US aS50CuiE5 wL �� �i► f) The trial court should not have sustained the County ' s demurrer to the school district' s petition without leave to amend since there was a reasonable possibility that the District could amend the complaint to add allegations regarding the Mira decision's impact on the County' s decision to grant the rezoning application. (Id. at 1148, 1150) . On March 26, 1991, Division Two of the Fourth District Court of Appeals issued its decision in Murrieta Valley Unified School District v. County of Riverside, 91 Daily Journal DAR 3648 (Fourth District, April 2, 1991) (hereinafter "Murrieta") . The Court of Appeals in Murrieta considered and decided a number of issues. In particular, the Murrieta case held: a) The County's authority to specify land use and development mitigation measures to address school impacts in connection with an amendment of its General Plan is not pre-empted by Government Code Sections 65995 and 65996. The County had argued that those statutes, which place a limit on the amount of school fees that cap be imposed upon "development projects, " prohibit the County from considering school impacts when making land use decisions and prohibit the County from requiring mitigation of those impacts. The Court of Appeal ruled that while Government Code Sections 65995 and 65996 pre- empt the field of school facilities financing, they do not pre-empt the County' s authority to mitigate school impacts through non-financial means such as denial of densities, and timing and phasing controls designed to assure that school facilities are provided in conjunction wi`h new development. b) Government Code Sections 65995-65996 apply only to "development projects" which the courts have historically classified as non-legislative in character, such as tentative tract maps, conditional use permits, and variances. Those sections do not apply to legislative land use decisions such as general plan amendments, zone changes, and specific plans. c) Mira Development Corp. v. City of San Diego (1988) 205 Cal.App.3d 1201, and the more recent decision in William S. Hart Union High School District v. Regional Planning Commission of the County of Los Angeles (1991) 226 Cal.App. 3d 1612, were correctly decided. Both Mira and William S. Hart Union High School District also held that 2-17 �,^,uuwwty SvSTE US h550C:.ES wC �� Government Code Sections 65995-65996 do not prohibit a local agency from taking school impacts into account in making legislative land use decisions. d) Legislative amendments to Government Code Sections 65995- 65996 adopted in 1989 were declaratory of existing law and were not intended to abrogate the holding in Mira. e) Since the County was not pre-empted from considering school impacts in conjunction with its approval of the SWAP, the District stated a valid cause of action under CEQA by alleging that the County breached its mandatory duty to prepare an adequate Environmental Impact Report fully disclosing all school impacts, by failing to adopt feasible mitigation measures which would reduce school impacts to a level of non-significance, and by failing to adopt an adequate "Statement of Overriding Considerations" explaining why the County decided to approve the SWAP in the face of the significant unmitigated school impacts. f) The provisions in the SWAP which authorized development causing unmitigated adverse impacts on the District ' s school facilities were inconsistent with other provisions in the County' s General Plan that mandated provision of adequate public improvements and facilities, including schools, in conjunction with new development. The District therefore stated a valid claim that the County' s General Plan was internally inconsistent and invalid under Government Code Section 65300. 5. The County filed a petition with the California Supreme Court to consider the Murrieta case. The Supreme Court rejected the petition, and the case was remanded back to the Superior Court, now pending action. The Court ' s decision as certified for publication is a precedent that applies State-wide and is binding on all trial courts in California. The Court of Appeal 's decision in the Murrieta case is an important logical extension of the previous rulings in Mira and Hart. For The first time since Government Code Section 65995-65996 were adopted in 1986, a court has ruled that a local land use agency not only has the authority to consider school impacts when considering legislative land use decisions, it has the duty to do so. Although the applications are not considered to be a "development project" pursuant to Mira, Hart, and Murrieta, the District wants the Planning Commission to note Section 65996 of the Government Code, which states: 2-18 U1 - CurywTv S1SlE 5 45SpCui ES.6 Wo "Section 65996. The following provisions shall be the exclusive methods of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project, as defined in Section 53080, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code: (a) Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code. (b) Chapter 25 (commencing with Section 17785) of Part 10 of the Education Code. (c) Chapter 28 (commencing with Section 17870) of Part 10 of the Education Code. (d) Article 2 . 5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code. (e) Section 53080 of the Government Code. (f) Chapter 2. 5 (commencing with Section 53311) of Division 2 of Title 5 of the Government Code. (g) Chapter 4 . 7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code. No public agency shall, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code or Division 2 (commencing with Section 66410) of this code, deny approval of a project on ' the basis of the adequacy of school facilities. " These kinds of mitigation measures were not even considered in the deliberations on EIR No. 89-1, and should have at least been discussed in the Environmental Impact Report, so as to ensure full and complete disclosure and mitigation. The District acknowledges that the City does not have the authority to deny non-legislative applications on the basis of the adequacy of school facilities; however the City has the obligation to review and evaluate legislative applications, and may deny such application on the grounds of inadequate school facilities. General Plan Amendment No. 91-2, Zone Change No. 90-10 and Code Amendment No. 90-10 are legislative applications that can be denied by the City on the basis that the District does not have adequate facilities to accommodate the subsequent development resulting from the approvals of the legislative applications. 2-19 E COwn.T S'S,[ S/SSOCUTEi MC \�I With the level of environmental inadequacy substantiated in terms of EIR No. 89-1 and the proposed Addendum, it would appear that the City has the duty to consider the impacts on the District in a more logical and accurate manner through a Subsequent Environmental Impact Report. In addition, the City has the obligation to ensure that the California Environmental Quality Act ("CEQA") and the Guidelines for the implementation of CEQA, are complied with, so as to protect the interests of the existing students and residents anticipated to acquire homes and property within the Specific Plan area. 2-20 I i• I � r+x i•S•'$rE.S♦SSX:.ES+C WOW \ I NON-COMPLIANCE WITH HUNTINGTON BEACH GENERAL PLAN Section 65454 of the Government Code states: "No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. " Further, Section 65860 requires that zoning shall be consistent with the General Plan. Finally, Sections 65300-65302 of the Government Code requires that every California city and county have a general plan that includes certain prescribed elements. Section 65300.5 of the Government Code specifically requires that the general plan and elements and parts thereof "comprise an integrated, internally consistent and compatible statement of policies. " The District contends that the City' s present General Plan is internally inconsistent and that General Plan Amendment No. 91-2 , Zone Change No. 90-10 and Code Amendment No. 90-10 is not consistent and in compliance with the City' s General Plan. The Huntington Beach General Plan states: "A General Plan has five basic uses for a community like Huntington Beach: 1. Policv Determination - permits the evaluation of a definite set of policies to govern future development of the City, and a general design for the City. 2 . Policv Effectuation - provides for the evaluation of specific protects in terms of a definite framework for long-range development of the City. 3 . Communication - permits the communication of the City' s long-range policies to the business community and the public; encourages constructive debate and stimulates political action. 4 . Conveyance of Advice - allows the City Planning Commission and other advisory boards to make recommendations to the City Council concerning development of the City in a coherent, unified form. 5. Education - facilitates the education of government officials and the community regarding the problems and opportunities of Huntington Beach (physical, economic, environmental, and social) . " 3-1 J "tE S ESOC-ES 1�I The Land Use Element of the General Plan sets forth the following goals and policies, in part: It. . . . 3 .4 .2 .5 Housing To provide and maintain a quality living environment so that members of all economic, social, and ethnic groups may reside in Huntington Beach, by: 1. Providing a variety of housing types in all areas of the City. 2 . Providing an adequate level of community services , facilities improvements . and maintenance in all areas of the Citv. " (emphasis added) 113 .4 . 2 . 6 Community Facilities To ensure a full range of community facilities that provide for the general public's health, safety and welfare, by: 1. Providing utility systems to meet projected demands. 2. Providing meeting centers for civic and other groups. 3 . Providing efficient, economical refuse disposal. 4 . Encouraging the proper location and planning of facilities such as churches, nursing homes, day care centers, well-baby clinics, etc. 5. Encouraging the location of municipal, county, state, federal, and other governmental facilities within or near the Civic Center. . . . " Further, the Community Facilities element of the General Plan states, in part: 11 . . . . 3 . 5. 6 Policies This section presents the City's policies regarding the provision of community facilities. Implementation of these policies will occur primarily through the implementation of the City' s capital improvement program. Additional implementing actions will be required, however, such as preparation of feasibility studies, revision of standards, and increased coordination with other entities. " (emphasis added) 3-2 c E_rWwir SS':lrS aSSOC rTEl.K �� \S� 113 .5. 6. 1 Adequacy of Facilities This Element has identified a number of deficiencies in the city's existing community facilities systems. Additional deficiencies may be expected to occur when the City is developed to ultimate buildout under the General Plan unless corrective actions are taken. The following policies state the City's intent to correct existing deficiencies where funding permits and to ensure that new development is adequately served. 1. Promote the provision of adecruate community facilities within the City of Huntinaton Beach. 2. Pursue funding for projects to correct existing deficiencies in community facility systems. 3. Prior to issuance of a development entitlement the Citv shall make the finding that adequate services can be provided to serve the proposed development, consistent with policies contained in the plan at the time of occupancy. 4 . Prior to constructing new community facilities, consider the impact of those facilities on annual maintenance and operating costs and staffing requirements for maintenance. . . . " (emphasis added) Section 6 of the General Plan sets forth General Plan Amendments. This section states, in part: " . . . .Community Facilities Element o Evaluates existing and planned infrastructure facilities and capacities to serve development in the study area. o Provides a master plan of improvement for water, sewer and storm drainage facilities. o Prepares nhasina and financing recommendations for the completion of community facilities to serve the area. " (emphasis added) It further states: "The proposed project will result in a need for new utilities systems, and improvements to electrical, natural gas, water, sewer, storm drainage, solid waste disposal and similar infrastructure systems. Additionally, increased numbers of 3-3 school-aaed children will be cenerated by the project, requiring a new school site. The proposed school site is designated on the Land Use Element. " Also, this section states: " . . .B. Policies 1. LAND USE ELEMENT 1. 6 Provide an infrastructure phasina plan to ensure that adequate public facilities and services are provided to accommodate new development. . . . " (emphasis added) Finally, this section states, in part: 113. COMMUNITY FACILITIES ELEMENT 3 . 1 Provide a phasing plan for sewer, water and drainage system improvements to ensure that facilities are provided concurrent with new development, consistent with the amended Community Facilities Element. Identifv appropriate fundina/reimbursement mechanisms at the time of Specific Plan adoptina or tentative tract approval . Require developers to provide improvements on a fair- share basis. 3 .2 Reauire participation in funding nroarams for construction and/or expansion of such facilities as schools and the library. 3. 3 Require necessary agreements for the acquisition and development of the school site desianated in the amended Land Use Element. 3 .4 Institute conservation policies in future Specific Plans for the reduction of solid waste, water, electricity and gas use. 3 . 5 All future infrastructure shall be designed and constructed in substantial conformance with the alignments and capacities shown on the Community Facilities Element. 3 . 6 In the event of adequate City water supplies, the developer shall provide for the fair share of water necessary to service the development. 3-4 C:. w,.*•STf3.SSOCuiES K �w `vaI 3 .7 Development shall be contingent upon the adoption of a public facilities improvement and phasing plan to ensure adeauate infrastructure is installed concurrent with protect development. " (emphasis added) The common thread throughout the General Plan is the assurance, provision and adequacy of public facilities, including schools as a pre-requisite to development. Throughout the Land Use Element, Community Facilities Element and Section 6. 1 of the General Plan entitled "Holly-Seacliff General Plan Amendment" , there is consistent discussion relative to the provision and adequacy of public facilities. The proposed adoption of the Specific Plan is based upon the findings that there will be no significant effect on the District in terms of the assurance, provision and adequacy of public facilities as a result of the mitigation measures set forth in EIR No. 89-1. The District has provided information to the City which is re- stated herein, which indicates that it is unable to meet the facility demands of the Specific Plan, and that EIR No. 89-1 did not adequately and accurately evaluate the impacts on the District. Therefore, it cannot be stated that an adequate level of community facilities (i.e. , schools) _is available or will be provided to meet the Specific Plan requirements. Without specific requirements, the applications and in particular the Specific Plan are not in compliance with the City' s General Plan. Based upon State statutes, and the impact analysis set forth herein, the subject applications and in particular the Specific Plan do not comply with the City's General Plan, and are inconsistent with its statement of policies. 3-5 _„rrr.it 3"S*F rS�SSOC.i[S.rC� DEVELOPMENT AGREEMENT NON-COMPLIANCE The Staff Report states, as follows: "The Draft Holly-Seacliff Specific Plan implements the Holly- Seacliff Master Plan and Development Agreement No. 90-1 and is inconsistent with the City's General Plan. . . . " The Development Agreement entered into between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners applied to Parcel No's. 14 , 15 and 16, as shown on Exhibit "B" of the Development Agreement, as well as the proposed Holly-Seacliff Specific Plan area. The City entered into the Development Agreement to receive "the following public benefit from the Developer" : 114 . Designation of a portion of the property for a future school site. . . . Pursuant to Section 2 . 2 . 8 of the Development Agreement, by execution of the Agreement, the Developer agreed and became obligated to the following: 112 .2.8 School Facilities (a) Developer agrees to designate an area for a public school site as provided in the California Government Code, City ordinances and other applicable law. The City encourages the Developer and the school district " negotiate in good faith to reach mutual agreement. " (emphasis added) Further, by execution of the Agreement, the Developer agreed and became obligated to the following: 112 . 3 . 1 Permitted Development On and Uses of the Property. The permitted used of the property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, parking requirements, other development and building standards, provisions for reservation or dedication of land for public purposes, the location and design of public improvements, and all other terms and conditions applicable to development of the property shall be those set forth in City' s Existing Land Use Regulations and all other terns and conditions set forth in this Agreement. " 4-1 ^yWwi.SvREUS KZOCuIts �W MF--- tm/ Existing Land Use Regulations is defined in the Agreement, as follows: 111. The Ellis-Goldenwest Specific Plan, approved by the City Council through its adoption of Ordinance No. 2998 on June 26, 1989; 2. Holly-Seacliff General Plan Amendment No. 89-1 approved by the City Council through its adoption of Resolution No. 6098 on January 8, 1990 ; 3 . EIR No. 88-2 prepared for the Ellis-Goldenwest Specific Plan (adopted on May 1, 1989, by Resolution No. 6022) ; 4 . EIR No. 89-1 prepared for the Holly-Seacliff General Plan ' Amendment (adopted on January 8 , 1990, by Resolution No. 6097) ; 5. All elements of the City' s General Plan, including the recently adopted Housing Element and the current Coastal Element; 6. The City's existing zoning code shall serve as the development standards for the project unless and until superceded by the City' s adoption and incorporation into this Agreement of the "Holly-Seacliff Specific Plan" ; 7. All other ordinances, resolutions, codes, rules and regulations of the City which are in force on the effective date of this Agreement; and 8. All other provisions of this Agreement relating to the development and use of the property. " I We note that EIR No. 89-1 designates a school site on the northwest corner of Garfield Avenue and Saddleback Lane. In addition, the following comment and response is contained in Final EIR No. 89-1: "Comment 2 . In order to mitigate the impact on K-5 students, a 10- acre site and approximately 24 classrooms are needed. As of this date, Huntington Beach City School District is negotiating with the Huntington Beach Company with regard to elementary school (land and building) in the proposed General Plan Amendment area, with both groups working cooperatively toward a resolution. 4-2 ,Mw Response The comment is not related to the adequacy of the EIR. The comment is noted and included in the record for review by the appropriate decision-makers. " The response acknowledges and incorporates into the record the District' s requirement for a 10-acre school site. It is the District's opinion that Pacific Coast Homes and Garfield Partners are responsible for designating a 10-acre school site less street rights-of-way, and any school unusable easements for other purposes, at the northwest corner of Garfield Avenue and Saddleback Lane. We conclude that the location of the potential school site on Lot No' s. 63 - 94 of Tentative Tract Map No. 14010 is in accordance with General Plan Amendment No. 89-1 of the Holly-Seacliff project. We have however raised the concern that the site proposed and designated does not conform to the standards which we have previously advised the City of, and which was acknowledged in Final EIR No. 89-1. We note that Lot No 's. 63 - 94 consist of 9 . 9977 acres which includes .Lot 'IF" and "G" , and street rights-of-way. We have been advised by the City that Lots "F" and "G" are a requirement of the Citv for purposes of an equestrian path and landscaping easements, and that no other use may be permitted within that area. Therefore, deleting Lots "F" and "G" and the Saddleback Lane and Garfield Avenue rights-of-way, the net acreage which is being offered to the District represents 8. 3116 acres versus the previously stated 10-acres. This is unacceptable to the District and does not meet the standards for development of the school site, or the guidelines of the State Department of Education. In order to meet the requirements of the District, the Developer may need to relocate the school site into the Specific Plan area, thereby affecting the integrity of the Specific Plan as proposed. We are also concerned -that the Developer has failed to negotiate in good faith towards reaching a mutual agreement. On September 30, 1991 and October 1, 1991 the District net in all-day sessions with the Developer to attempt to attain an agreement relative to the final designation of a school site and an agreement as to a financing plan. This came about as a result of the Planning Commission' s continuation on September 17 , 1991 of the applications. Although the District has made considerable concessions, the Developer has proposed a "bottom-line" position which places a severe financial obligation or. the District 4-3 T. and the community to participate in the mitigation of the impact of the development of the area. This is unreasonable and inconsistent with EIR No. 89-1 and Development Agreement No. 90-1. The District has made several major concessions in order to negotiate in good faith towards a mutually acceptable agreement. These have included, but are not limited to: 1) Reducing the student generation yield rates from . 2695 (which represents comparable new developments in Huntington Beach) to . 2035, a yield reduction of 25%; 2) Modifying the school acreage requirement for a non-joint use facility from 10. 0 acres to 8. 6 acres, or a 14% reduction in land requirements and subsequent costs; 3) Capping the K-5 grade mitigation requirement to 600 students versus the projected 757 student estimate; 4) Modifying the mitigation requirement for 6-8 grade student yields from the provision of land and permanent facilities at a cost of $23 , 089 per 6 grade student and $36, 150 per 7-8 grade student, to the provision of relocatable facilities at a cost of $3 ,333 per 6-8 grade student; 5) Eliminating a present value inflation factor on improvement costs; and 6) Agreeing to a joint use facility thereby enabling the Developer to gain dual use of the property, reducing their financial obligation jointly with the City and the i District. i The Developer' s two (2) concessions have been to: 1) Increase the District's present development fee from $. 964 per square foot of residential to $1. 1568 per square foot, or a 20% increase in estimated development fees. This represents an increase in fees of $1. 565 million; and 2) Maintain the purchase price of the site to be acquired at a present value for six (6) months. The concessions made by the District far more represent a good faith effort, than the Developer' s proposal to mitigate only a portion of the development 's impact. This is inconsistent with the provisions of Development Agreement No. 90-1. 4-4 CO-71 svrTws 450Cugs.1C GENERAL PLAN AMENDMENT NO. 89-1 AND EIR NO. 89-1 NON-COMPLIANCE The Statement of Findings and Facts of EIR No. 89-1 on General Plan Amendment No. 89-1 states, in part: "Significant Effect Development of the project will impact elementary and high school facilities. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. i. The GPA designates a site for a new elementary school to serve students generated by residential development within the project area. 2 . The school district and major landowner should enter into an agreement for acquisition or lease of the site as part of implementation of this GPA. 3 . Developers should tea school impact fees to finance i F _ Y F construction of necessary school facilities. a . The Huntington Beach Union High School District should I coordinate its expansion plans with phasing of development within the project area and surrounding areas. " Further, the Mitigation Measures of EIR No. 89-1 and General Plan Amendment No. 89-1 states, in part: "Schools 9 . The GPA designates a site for a new elementary school to i serve students generated by residential development within the project area. 5-1 Ij �„uruw T Sv5TE v5JSv5tE v5�SSOCuiES��� 10. The school district and major landowner should enter into an agreement for acquisition or lease of the site as part of implementation of this GPA. 11. Developers should pay school impact fees to finance construction of necessary school facilities. 12. The Huntington Beach Union High School District should coordinate its expansion plans with phasing of development within the project area and surrounding areas. " Finally, Final EIR No. 89-1 states: "Comment 1. The proposed Holly-Seacliff General Plan Amendment will have a significant impact on the school district. It may generate approximately 600 K-5 students from the proposed new housing. Additional students of middle school age from this project may also impact Dwyer Middle School . Response Comment acknowledged. The General Plan Amendment designates a site for a new elementary school to serve students generated by the residential development. Impacts to Dwyer Middle School are not anticipated to require the provision of a middle school. Comment 2. In order to mitigate the impact on K-5 students, a 10- acre site and approximately 24 classrooms are needed. As of this date, Huntington Beach City School District is negotiating with the Huntington Beach Con, any with regard to an elementary school (land and building) in the proposed General Plan Amendment area, with both groups working cooperatively toward a resolution. Response The comment is not related to the adequacy of the EIR. The comment is noted and included in the record for review by the appropriate decision-makers. 5-2 �-C = CCw rl STSTt.S"SCC. EMI Comment 3 . We would appreciate these factors being considered prior to final action being taken. Response Comment acknowledged. " The Developer has failed to designate an adequate site in accordance with the provisions of EIR No. 89-1. The Developer has also not entered into an agreement for acquisition or lease of the site as a part of implementation of the General Plan Amendment. Finally, the Developer has failed to agree to pay fees to finance the construction of the "necessary school facilities" . Further impact analysis set forth in this letter will substantiate that statutory or developer proposed development fees are inadequate to meet the required costs of impact mitigation, and that the Developer has not negotiated in good faith the provision of a financing plan to comply with the mitigation requirements of EIR No. 89-1. 5-3 :,rwwi.f'STE rE 4ESOC.wi[[+{� SPECIFIC PLAN NON-COMPLIANCE The District notes the contents of the State of California General Plan Guidelines promulgated by the Office of Planning & Research, and the provisions of Section 65451 of the Government Code, which states: "Section 65451. Required contents (a) A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to SUAnOrt the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation neasures including regulations , programs , public works nrolects , and financing measures necessary to carry out naraaranhs (1) , (2) , and (3) . (b) The specific plan shall include a statement of the relationship of the specific plan to the general plan. " (emphasis added) The District notes that the Specific Plan does not provide "financing measures necessary to carry out" the Plan, specifically as it relates to essential school facilities needed to support the land uses of the Plan. In lieu of such financing measures the Specific Plan refers to the statutory development fees and the mitigation measures set forth in EIR No. 89-1, which both can be shown to be inadequate. The Specific Plan states: 6-1 i�i "The Specific Plan Area is located within the Huntington Beach City School District (Grades K-8) and the Huntington Beach Union High School District (Grades 9-12) . All development within the Specific Plan Area is subject to the payment of school impact fees at the time of issuance of building permits, in accordance with Government Code Section 53080. School facility impact mitigation measures per Final Environmental Impact Report No. 89-1 shall be applied to development within the Specific Plan Area (see Section VI) . " This is inconsistent with the City' s General Plan policies and programs which require the assurance, provision, and adequacy of public facilities, does not adequately address impact mitigation based upon the most recent information, and does not comply with Section 65451 of the Government Code. 6-2 L iL cow .­S'S t.sS S XWES i IMPACT ANALYSIS In order to validate the District' s position relative to unmitigated impact resulting from the Specific Plan, the following is offered for the record. The District has received the following items from the Developer as a part of the District/Developer negotiated process, and are incorporated herein by reference: 1) Holly-Seacliff Area School Facilities Impact Analysis and Student Housing Mitigation Plan - July, 1991; 2) August 5, 1991 letter from Urban West Communities responding to my letter of July 29, 1991; and 3) August 7 , 1991 memorandum from Urban West Communities. The following presents an evaluation of the materials, and their comparison to District' s factual information and impact analysis. It is noted that the impact analysis discussion herein refers only to that area within the Specific Plan boundaries, although the overall area of impact applies to both the Holly-Seacliff and Ellis-Goldenwest Specific Plan areas. Please note that where stated amounts are inconsistent for similarly discussed items, this is due to mathematical rounding resulting from the specificity and detail of formulas utilized. } All conclusions should be considered plus or minus amounts. 1) Determination of Impact Impact on the District by the development of the Holly- Seacliff Specific Plan can be defined as 1) students generated to be accommodated by the District; and 2) cost to the District to accommodate the students. Impact, and subsequently impact mitigation, is driven by three (3) variables: 1) student generation factors or student yield; 2) required land and subsequent costs; and 3) required new improvements or reconstructed improvements and subsequent costs. 7-1 :rurwrtv SKTE uS aSSOCIL I :.iEi wC These are two (2) categories of impact and cost which should be addressed. These include K-5 grade facilities and 6-8 grade facilities. Further, there are two (2) significant variables related to cost. These include 1) improvement construction and furnishing costs; and 2) land acquisition costs. It is important to note that the District' s determination of improvement construction and furnishing costs follow the procedures and formulas as have been established by the State of California Office of Local Assistance and the Department of Education. Throughout previous discussions and negotiations with the Developer, the Developer has not challenged the procedures, formulas, or conclusions reached by the District relative to these improvement construction and furnishing costs. A second important condition to note relates to the land acquisition cost. The feasibility and viability of the impact mitigation measures set forth in EIR No. 89-1 is completely driven by the purchase price of the land. Normally, and as required by Sate law, this would be determined based upon an appraisal process using "comparability" (i.e. , value based upon comparison of similar properties) . However, the Developer has established the purchase price of the property, based upon a value negotiated as a part of the partnership transaction between Pacific Coast Homes (Huntington Beach Company) and Urban West Communities. It appears that this value is not based upon comparable sales, but rather is a projected value assuming the receipt of entitlements and future market conditions. In essence, a substantial profit margin has been added to the land basis in order to establish the relationship between the prior owner of the land who is now a partner in the development, and Urban West Communities. In addition, the land value has been increased by the property' s pro-rata share of infrastructure and public facility improvements required of other public agencies. For a 10-acre site, this equates to $800, 000. It is the District' s opinion that the proposed purchase price offer of the land has been arbitrarily set at a value higher than comparable parcels, far in excess of the land basis held by the Developer partnership. In so doing, the Developer is receiving an unreasonable profit margin which is resulting in the need for the District and community to provide funding in excess of development fee requirements. 7-2 ywT•S+SxE va�SSOCutES�C �� We note that where the Developer was required to make available rights-of-way, easements, and parcels for the benefit of the development, but required by other public agencies, that these lands were dedicated at not cost versus acquired by the public agency at the Developer' s value of the property. The District would suggest that it is the Developer' s profit margin above the land basis which is causing in part, the mitigation measures of EIR No. 89-1 to be ineffective towards mitigating the impact of the development. The following impact analysis will substantiate the District ' s contentions relative to impact mitigation revenues and expenditures. 2) student Generation The District has previously used average District-wide student generation factors or student yields, as follows: K-5 . 1171 students/dwelling unit 6 . 0191 students/dwelling unit 7-8 . 0434 students/dwelling unit Total . 1796 students/dwelling unit However, this is an average District-wide factor which assumes a mature community, and does not reflect actual yield rates of new developments in the community. A survey of various new developments in the community as previously discussed reflects yield factors which range higher than the average District- wide factors. These new development yields are as follows: K-5 . 1779 students/dwelling unit 6 . 0305 students/dwelling unit 7-8 . 0611 students/dwelling unit Total . 2695 students/dwelling unit The Developer has provided the District with a 10-year Phasing Plan (1991-2001) identifying the number of units and average square feet by product type for the total units proposed within General Plan Amendment No. 89-1 (4 , 410 dwelling units) , and not presently existing. There are 155 existing units. The following is a summary of that Plan: 7-3 No. of Units 4 , 255 Total Residential Sq. Ft. 8 , 120, 000 Average Sq. Ft./Unit 1,908 The Holly-Seacliff Specific Plan includes 3, 930 or 92. 36 (±) % of the 4,255 units. The District's projection of students is as follows: a) Specific Plan - 3 ,930 Units Avg. District-Wide Yield (+) New Dev. Yield (+) K-5 460 699 6 75 120 7-8 171 240 TOTAL 706 1, 059 b) Developer Proposed - 4 ,255 Units Avg. District-Wide Yield (+) New Dev. Yield (+) K-5 498 757 6 81 130 7-8 185 260 TOTAL 764 1, 147 c) Total Units Holly-Seacliff/Ellis-Coldenwest - 4 , 410 Units Avg. District-Wide Yield (+) New Dev. Yield (T) K-5 516 785 6 84 135 7-8 191 269 TOTAL -791 1, 189 3) Projected Development Fees The Developer's Mitigation Fees Collection Projection estimates present development fees, as follows for the 4 , 410 proposed units: 7-4 cwwMn STEMS ALWCWE7 wC FMM= "M W Residential Fees @ $ .934/sq. ft. $7 , 584 , 082 Commercial Fees @ $. 1586/sq. ft. 214 , 110 Total Fees $7, 798 , 192 It appears that the Developer's residential fee per square foot was based upon $1. 53 x 61% or $.934 . The District 's share of the present fee is actually $1.58 x 61%, resulting in a fee per residential square foot of $.964 , or $7,827, 680. Assuming that the Specific Plan represents 92. 36% of the 4 , 410 proposed units, the residential fees projected for the Specific Plan area would be $7, 827, 680 x 92 . 36% or $7, 229, 645 (±) . Said another way, assuming an average unit size of 1, 908 which has been identified in the Phasing Plan, the Specific Plan 3 , 930 units would equate to 7 , 498 , 440 square feet, or a residential development fee of $7, 228 , 496 (±) . 4) Land Coss The Developer has set forth land costs as follows for several alternative site locations: Cost/Acre a) Northwest corner of Garfield Avenue and Saddleback Lane $720, 000 b) South side of Garfield Avenue $825, 000 c) Northeast corner of Garfield Avenue and Gothard Street $730, 000 There is no information to substantiate the land cost per acre, except that $80, 000 of each is allocated to infrastructure required by Development Agreement No. 90-1. This $80, 000 per acre is intended to be allocated to parks, police sub-stations, fire stations, equestrian paths, and basic infrastructure, etc. It is the District ' s contention that the District should not be obligated to fund such facilities which have been required of the Developer by other public agencies. Based upon a 35, 400 square foot building area for a K-6 school and 60, 000 square foot building for a 7-8 school, the land cost per building square feet would be as follows for different sized sites: 7-5 SME.5"SM-ES-c aOT `-w a) $720 , 000 Purchase Price/Acre Land Closing Total Land Closing Total K-6 K-6 K-6 7-8 7-8 7-8 Site Total Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Acreage Cost Sq. Ft. So. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sa.Ft. 10.0 S 7,200,000 S203.39 $1.41 $204.80 9.5 S 6,840,000 5193.22 S1.41 $194.63 9.0 S 6,480,000 $183.05 S1.41 S184.46 8.5 S 6,120,000 $172.88 $1.41 $174.29 8.0 S 5,760,000 S162.71 $1.41 $164.12 7.5 S 5,400,000 $152.54 S1.41 $153.95 7.0 S 5,040,000 $142.37 $1.41 $143.79 6.5 S 4,680,000 $132.20 $1.41 $133.62 6.0 S 4,320,000 $122.03 $1.41 $123.45 5.5 S 3,960,000 $111.86 $1.41 $113.28 5.0 S 3,600,000 $101.56 $1.41 $103.11 4.5 S 3,240,000 S 91.53 $1.41 S 92.94 8.6 S 6,192,000 $174,92 $1.41 $176.33 8.3 S 5,976,000 $168.81 $1.41 $170.23 21.0 S15,120,000 $252.00 $0.83 $252.83 b) $730 , 000 Purchase Price/Acre Land Closing Total Land Closing Total K-6 K-6 K-6 7-8 7-8 7-8 Site Total Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Acreage Cost So. Ft. So. Ft. So. Ft. So. Ft. So. Ft. So. Ft. 10.0 S 7,300,000 $206.21 $1.41 S207.63 9.5 S 6,935,000 $195.90 $1.41 S197.32 9.0 S 6,570,000 $185.59 $1.41 $187.01 8.5 S 6,205,000 $175.28 $1.41 $176.69 8.0 S 5,840,000 $164.97 $1.41 S166.38 7.5 S 5,475,000 $154.66 $1.41 $156.07 7.0 S 5,110,000 $144.35 $1.41 $145.76 6.5 S 4,745,000 $134.04 S1.41 $135.45 6.0 S 4,380,000 $123.73 $1.41 S125.14 5.5 S 4,015,000 S113.42 $1.41 S114.83 5.0 S 3,650,000 $103.11 S1.41 $104.52 4.5 S 3,285,000 S 92.80 $1.41 S 94.21 8.6 S 6,278,000 S177.34 $1.41 $178.76 8.3 S 6,059,000 $171.16 S1.41 S172.57 21.0 $15,330,000 $255.50 $0.83 $256.33 7-6 Co..--VVErVVErss"Ux-Es..K \mI c) $825 , 000 Purchase Price/Acre Land Closing Total Land Closing Total K-6 K-6 K-6 7-8 7-8 7-8 Site Total Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Acreage Cost Sq. Ft. Sq. Ft. So. Ft. SS. Ft. Sq. Ft. Sq. Ft. 10.0 S 8,250,000 $233.05 $1.41 $234.46 9.5 S 7,837,500 S221.40 $1.41 $222.81 9.0 S 7,425,000 $209.75 $1.41 S211.16 8.5 S 7,012,000 $198.09 S1.41 S199.51 8.0 $ 6,600,000 $186.44 $1.41 $187.85 7.5 S 6,187,500 $174.79 $1.41 $176.20 7.0 S 5,775,000 S163.14 $1.41 $164.55 6.5 $ 5,362,500 $151.48 S1.41 $152.90 6.0 S 4,950,000 $139.83 S1.41 $141.24 5.5 $ 4,537,500 S128.18 $1.41 $129.59 5.0 S 4,125,000 $116.53 $1.41 $117.94 4.5 S 3,712,500 $104.87 $1.41 $106.29 8.6 S 7,095,000 $200.42 $1.41 $201.84 8.3 S 6,847,500 $193.43 S1.41 $194.84 21.0 S17,3Z5,000 $288.75 $0.83 $289.58 These three (3) alternative sites proposed by the Developer would have a total cost as follows: Cost a) Northwest corner of Garfield Avenue and Saddleback Lane (10. 0 acre purchase) $7 , 200, 000 b) South side of Garfield Avenue (5. 5 acre purchase) $4, 537, 500 c) Northeast corner of Garfield Avenue and Gothard Street (6. 0 acre purchase) $4 , 380, 000 A 10-acre K-5 or K-6 grade 600 student school site would have the following costs per student based upon the stated purchase prices per acre: Cost/Acre Cost/Student $825, 000/acre $13,750 $730, 000/acre $12 , 167 $720, 000/acre $12, 000 A 21-acre 6-8 or 7-8 grade 750 student school site would have the following cost per student based upon the stated purchase price per acre: 7-7 1 �,., ,,..Tv„siE.S�SSpCuiEE WC �c \�I Cost/Acre Cost/Student $825, 000/acre $23 , 100 $730, 000/acre $20, 400 $720, 000/acre $20, 160 5) Improvement Costs (K-5) The accepted standard of projecting total improvement costs is by calculating costs per square foot of net school building area. A 600 student K-5 or K-6 grade school requires a net building square footage of 35, 400 square feet, based upon 59 square feet per student. A 750 student 7-8 grade school requires a net building square footage of 60, 000 square feet, based upon 80 square feet per student. state construction practices accept a base building cost of $90. 87 per square foot for K-6 grade schools, and $93 . 61 per square foot for 7-8 grade schools. These costs assume 300 of the building square footage as relocatable classrooms. The Developer has used a K-5 combination figure of permanent facilities at $92 . 00(±) per square foot and relocatable facilities at $97. 23 (+) , or a combined average of $92 . 91 (±) per square foot. This represents a slight .increase over the District' s base building costs for a grade K-5 school. The categories of cost have been calculated in Tables 1-1 and 1-2 for both the District' s and the Developer' s cost estimates. As noted, when comparing columns 11G" & "p, " the Developer costs appear to under-estimate the other non- building costs. Of particular significance is the lack of a cost calculation for furniture, the under-estimation of service site and off-site improvements, and an unrealistic estimate for contingencies. It is noted that some of the off- site improvement costs set forth in the Developer's estimate may be set forth within, the land cost of $80, 000 infrastructure improvements. With these general comments, the comparison of total K-5 improvement and furniture costs are as follows: District Develooer Total Cost (excludes land) $5,553,700 54,107,480 cost/sq. Ft. of Building S 156.88 s 116.03 As an example, the improvement cost of a K-5 school of 600 students at $156. 88 per square foot is $5, 553 ,700 or $9 , 256 (±) per student. 7-8 1 T CO„,u+n YT3TEY3 1S30C�TE5 WC �C 6) 6-8 Improvement Costs The Developer has proposed a relocatable improvement program to address 6-8 grade demands, at $100, 000 per relocatable. For permanent facilities, the District would use a total cost per square foot (excluding land) of $156.88 for grade 6 and $162 .30 for grades 7-8. A more detailed explanation is set forth in Table 1-1. As an example, the improvement cost of a 7-8 grade school of 750 students at $162 . 30 per square foot is $9, 738 , 000 or $12 , 984 per student. 7) Inflation Standards The Developer has used an annual inflation factor of 3 . 0% to project future land and improvement costs. Although the land cost inflation factor is driven by Developer/District negotiations, the use of an improvement cost inflation factor of 3% is unrealistic. A more prudent inflation factor would be 5% (±) , based upon 10-year historical records. For purposes of this analysis, constant numbers or a non-inflated analysis has been used herein. 8) Total Costs and Revenue Surolus/Deficit Based upon the Specific Plan projection of 3, 930 dwelling units, the projected improvement cost would be as follows: Units - 3 , 930 Improvement Cost per K-6 Student $ 9, 256 Improvement Cost per 7-8 Student $12 , 984 Average District Wide Yield New Development Yield Improvement Improvement Students Cost Students Cost K-5 460 $ 4 , 259, 639 699 $ 6, 471, 305 6 75 $ 694 ,738 120 $ 1, 109 , 470 7-8 171 $ 2 , 214 ,577 240 S 3 , 117 ,757 TOTAL 706 $ 7,168,999 1, 059 $10, 698 , 532 Based upon the Developer proposed units of 4 , 255, the projected impact cost would be as follows: 7-9 Co.--SKT S"Soc u,ES,VaC Units - 4 , 255 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 Average District-Wide Yield New Development Yield Improvement Improvement Students Cost Students Cost K-5 498 $ 4, 611,899 757 $ 7, 006, 463 6 81 $ 752 , 240 130 $ 1, 201, 221 7-8 185 2 , 397 ,716 260 $ 3 , 375 , 587 TOTAL 764 $ 7,761, 855 1, 147 $11, 583 , 271 Based upon the total units of 4, 410 (Holly-Seacliff/Ellis Goldenwest) , the projected improvement cost would be as follows: Units - 4 , 410 Improvement Cost per K-6 Student $ 9, 256 Improvement Cost per 7-8 Student $12 , 984 Average District Wide Yield New Development Yield Improvement Improvement Students Cost Students Cost K-5 516 $ 4, 779, 900 785 $ 7 , 261, 693 6 84 $ 779, 642 135 $ 1, 244, 978 7-8 191 S 2 ,485, 060 269 $ 3 ,498 , 552 TOTAL 792 $ 8, 044, 602 1, 188 $12 , 005, 223 The land cost can be similarly compared. Based upon the Specific Plan projection of 3 , 930 dwelling units, the projected land cost would be as follows: Units - 3 , 930 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost a S825,000 a $730,000 2 $720,000 a S825,000 a $730,000 a $720,000 Students Acre Acre Acre Students Acre Acre Acre K-6 1 S 13,750 $ 12,167 S 12,000 1 $ 13,750 S 12,167 $ 12,000 7-8 1 S 23,100 $ 20,400 S 20,160 1 S 23,100 S 20,400 S 20,160 7-10 �p,W,rn S'STEMS ISSOCMTES MC �� K-5 460 S 6,327,791 S 5,599,290 S 5,522,436 699 S 9,613,271 S 8,506,522 S 8,389,764 6 75 S 1,032,116 S 913,292 S 900,756 120 $ 1,648,144 S 1,458,397 S 1,438,380 7-8 171 $ 3,939,982 S 3,479,465 S 3,438,530 240 S 5,546,841 S 4,898,509 S 4,840,880 TOTAL 706 $11,299,890 S 9,992,046 S 9,861,722 1,059 S16,808,256 $14,863,428 S14,699,024 Based upon the Developer proposed units of 4 , 255, the projected land cost would be as follows: Units - 4 ,255 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost a $825,000 a $730,000 a $720,000 a $825,000 a S730,000 a $720,000 Students Acre Acre Acre Students Acre Acre Acre K-6 1 S 13,750 S 12,167 S 12,000 1 S 13,750 S 12,167 S 12,000 7-8 1 S 23,100 $ 20,400 S 20,160 1 S 23,100 S 20,400 $ 20,160 K-5 498 S 6,851,082 S 6,062,336 S 5,979,126 757 $10,408,262 S 9,209,987 S 9,083,574 6 81 S 1,117,469 S 988,818 S 975,246 130 S 1,784,441 S 1,579,003 S 1,557,330 7-8 185 S 4,265,808 S 3,767,207 S 3,722.887 260 S 6,005,550 S 5,303,602 S 5,241,207 TOTAL 764 S12,234,359 $10,818,360 $10,677,259 1,147 $18,198,252 $16,092,592 $15,882,111 Based upon the total units of 4 , 410 (Holly-Seacliff/Ellis- Goldenwest) , the projected land cost would be as follows: Units - 4 ,410 Averaae District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost a $825,000 a $730,000 a $720,000 a $825,000 a $730,000 a $720,000 Students Acre Acre Acre Students Acre Acre Acre K-6 1 S 13,750 S 12,167 S 12,000 1 S 13,750 S 12,167 S 12,000 7-8 1 S 23,100 S 20,400 S 20,160 1 $ 23,100 S 20,400 S 20,160 K-5 516 S 7,100,651 S 6,283,173 S 6,196,932 785 S10,787,411 $ 9,545,486 S 9,414,468 6 84 S 1,158,176 S 1,024,839 S 1,010,772 135 $ 1,849,444 S 1,636,522 $ 1,614,060 7-8 191 S 4,421,201 S 3,904,438 S 3,858,503 269 S 6,224,318 _ S 5,496,800 S 5,432,132 TOTAL 792 $12,680,029 $11,212,449 S11,066,207 1,188 $18,861,173 $16,678,809 $16,460,660 In addition, all of the land costs would need to be increased by the cost of appraisals and closing cost which equate to approximately $50, 000 per site. 7-11 1 i At- SrJLJ�C�w.un'TE mS AS50C�rFS WC \�r The following presents the revenue surplus/ (deficit) based upon 3 , 930, 4, 255, and 4 ,410 units, respectively: a) Units - 3 , 930 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost @ S825,000 @ $730,000 @ $720,000 2 $825,000 Z $730,000 a $720,000 Acre Acre Acre Acre Acre Acre K-5 S 6,327,791 $ 5,599,290 S 5,522,436 S 9,613,271 S 8,506,522 S 8,389,764 6 S 1,032,116 S 913,292 S 900,756 S 1,648,144 S 1,458,397 S 1,438,380 7 S 3,939,982 $ 3,479,465 S 3,438,530 S 5,546,841 S 4,898,509 $ 4,840,880 SUB-TOTAL LAND $11,299,890 $ 9,992,046 S 9,861,722 $16,808,256 S14,863,428 $14,669,024 K-5 S 4,259,639 $ 4,259,046 S 4,259,639 S 6,471,305 S 6,471,305 S 6,471,305 6 S 694,783 S 694,783 S 694,783 S 1,109,470 S 1,109,470 S 1,109,470 7 S 2,214,577 S 2,214,577 S 2,214,577 S 3,117,757 S 3,117,757 S 3,117,757 SUB-TOTAL IMPROVEMENTS S 7,168,999 $ 7,168,999 S 7,168,999 S10,698,532 $10,698,532 $10,698,532 TOTAL $18,468,889 $17,161,045 $17,030,721 $27,506,799 S25,561,960 $25,367,556 PROJECTED DEVELOPMENT FEES S,0964 S 7,228,496 S 7,228,496 S 7,228,496 S 7,228,496 S 7,228,496 S 7,228.496 REVENUE SURPLUS/(DEFICIT) ($11,240,393) (S 9,932,549) (S 9,802,225) (S20,278,292) (S18,333,464) ($18,139,060) b) Units - 4 , 255 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost land Cost Land Cost Land Cost a S825,000 a $730,000 a $720,000 a S825,000 a S730,000 a $720,000 Acre Acre Acre Acre Acre Acre K-5 S 6,851,082 S 6,062,336 S 5,979,126 S10,408,262 S 9,209,987 S 9,083,574 6 S 1,117,469 S 988,818 S 975,246 S 1,784,441 S 1,579,003 S 1,55,7,330 7 S 4,265,808 $ 3,767,207 S 3,722,887 S 6,005,550 S 5.303,602 S 5,241,207 SUB-TOTAL LAND $12,234,359 S10,818,360 $10,677,259 $18,198,252 $16,092,592 S15,882,111 K-5 S 4,611,899 S 4,611,899 $ 4,611,899 $ 7,006,463 S 7,006,463 S 7,006,463 6 S 752,240 S 752,240 S 752,240 S 1,201,221 $ 1,201,221 S 1,201,221 7 S 2,397,716 S 2,297,716 S 2,397,716 S 3,375,587 S 3,375,587 S 3,375,587 SUB-TOTAL IMPROVEMENTS S 7,761,855 S 7,761,855 S 7,761,855 $11,583,271 $11,583,271 $11,583,271 TOTAL $19,996,214 $18,580,216 $18,439,114 $29,781,523 $27,675,863 $27,465,382 PROJECTED DEVELOPMENT FEES S.0964 S 7,826,273 S 7,826,273 S 7,826,273 S 7,826.273 S 7,826,273 S 7,826,273 REVENUE SURPLUS/(DEFICIT) ($12,169,942) ($10,753,943) ($10,612,841) ($21,955,250) ($19,849,590) (S19,639,109) 7-12 [p, _Wri-S eS -13 _=P c) Units - 4 , 410 Averacre District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost a $825,000 a $730,000 @ S720,000 2 S825,000 a S730,000 a S720,000 Acre Acre Acre Acre Acre Acre K-5 S 7,100,651 S 6,283,173 S 6,196,932 $10,787,411 S 9,545,486 S 9,414,468 6 S 1,158,176 S 1,024,839 S 1,010,772 S 1,849,444 S 1,636,522 $ 1,614,060 7-8 S 4,421,201 S 3,904,438 S 3,858,503 S 6,224,318 S 5,496,800 S 5,432,132 SUB-TOTAL LAND S12,680,029 S11,212,449 $11,066,207 $18,861,173 S16,678,809 $16,460,660 K-5 S 4,779,900 S 4,779,900 $ 4,779,900 S 7,261,693 S 7,261,693 S 7,261,693 6 S 779,642 S 779,642 $ 779,642 $ 1,244,978 S 1,244,978 S 1,244,978 7-8 S 2,485,060 $ 2,485,060 S 2,485,060 S 3,498,552 S 3,498,552 S 3,498,552 SUB-TOTAL IMPROVEMENTS S 8,044,602 S 8,044,602 S 8,044,602 S12,005,223 $12,005,223 $12,005,223 TOTAL $20,724,631 $19,257,051 $19,110,809 $30,866,396 $28,684,032 $28,465,883 PROJECTED DEVELOPMENT FEES S.0964 S 8,111,366 S 8,111,366 S 8,111,366 S 8,111,366 S 8,222,366 S 8,111,366 REVENUE SURPLUS/(DEFICIT) (S12,613,265) (S11,145,685) (S10,999,443) ($22,755,030) (S20,572,666) ($20,354,517) In all cases, the analysis indicates a substantial def icit resulting in a need for revenues in excess of statutory fees. 9) Use of Development Fees The Developer is proposing that both residential and commercial development fees be applied to the cost of providing classroom facilities caused by the development of the area. It is suggested that only residential fees be - applied to the construction of classrooms. The District' s reasoning is as follows. The District will experience costs for the following requirements as a result of development: 1) busses and transportation facilities ; 2) maintenance and operation equipment and facilities.; and 3) administration facilities. 7-13 :O....y..r.VVEUS"SOCWES. It is suggested that the proposed commercial development fees would be more appropriately applied to these cost areas, so as to ensure that the District is not further impacted. Based on the District's projections, this represents approximately $233 , 363 (±) over 10 years, or $23 , 336 (±) average per year. This is not an unrealistic amount considering the cost of transportation equipment, and the development' s projected pro- rata share of these costs. 10) Existing District Enrollment/Capacity The District is and will continue to experience severe District facility capacity utilization and overcrowding. The following list sets forth the various open District schools, grade level, estimated acreage, their capacity, and enrollment as of October 1, 1990 and October 11 1991: 1991 Enrollment Enrollment Available Classrooms Caoacity % of Total School Acreage 1990 1991 Permanent Portable Total Permanent Portable Total Capacity Dwyer Middle School (6-8) 10.1(±) 816 803 24 2 26 720 60 780 1.0295% 1502 Palm Avenue Huntington Beach Sowers Middle School (6-8) 17.3(±) 1,118 1,115 28 9 37 840 270 1,110 1.0045% 9300 Indianapolis Huntington Beach Smith School (K-5) 10.3(±) 694 693 19 4 23 570 120 690 1.0043% 770 17th Street Huntington Beach Perry School (K-5) 10.6(±) 558 559 18 0 18 540 0 540 1.0352;: 19231 Harding Lane Huntington Beach Eader School (K-5) 13.0(±) 725 725 23 1 24 690 30 720 1.0069% 9291 Banning Avenue Huntington Beach Kettler School (K-5) 12.8(±) 612 698 20 3 23 600 90 690 1.0116%. 8750 Dorsett Drive Huntington Beach Hawes School (K-5) 10.6(±) 382 395 13 0 13 390 0 390 1.0128'. 9682 Yellowstone Drive Huntington Beach Moffett School (K-5) 9.2(±) 654 693 21 2 23 630 60 690 1.0043' 8800 Burlcrest Avenue Huntington Beach Total 5,559 5,681 166 21 187 4,980 630 5,610 1.0127% 7-14 ". 02= i i [e"Id co..w..n The student differences between enrollment and capacity are housed in special classrooms, laboratories, and other reconfigured school areas. The following sets forth the closed or alternatively used District schools, estimated acreage, and capacity: School Acreage Capacity LeBard School 10.8(±) 540 20451 Craimer Lane Huntington Beach (Currently District Office) Burke School 7.9(±) 690 9700 Levee Drive Huntington Beach (leased to Private High School and Child Care Agency) Peterson School 9.6(+) 690 20661 Farnsworth Lane Huntington Beach (Leased to Coast Community College) Clapp School 5.8(+) 270 20581 Farnsworth Lane Huntington Beach (Leased to Orange County Department of Education) Gisler School (Closed) 16.3(±) 960 21141 Strathmoor Lane Huntington Beach The only schools available to the Specific Plan area which would not require a total re-organization of the enrollment attendance areas, but will still require costs to the District in terms of bussing students, include Dwyer Middle School and Smith Elementary School. Dwyer Middle School consists of 26 regular classrooms, of which 2 are relocatables, with a total capacity of 780 students. Based upon the October, 1991 enrollment, Dwyer Middle School is at a capacity of 1. 03%. Smith Elementary School consists of 23 regular classrooms, of which 4 are relocatable, with a total capacity of 690 students. Based upon the October, 1991 enrollment, Smith Elementary School is at a capacity of 100%. 7-15 CC,..­TV SITTE..S ASS=WtS.K Based upon the student generation yields described herein for the Specific Plan area, the impact on Dwyer Middle School and Smith Elementary School create an even more overcrowded condition requiring the District to pursue significant enrollment attendance boundary modifications and/or the re- opening of schools in areas which would not be effective in terms of the educational programs and operations of the District. In addition, the District would incur school re- opening and re-configuration costs, bussing costs, loss revenues from existing leases, and the cost to acquire land and construct a new District office. The Developer has set forth a recommendation to utilize the District' s existing development fee fund to re-open existing schools to mitigate the Developer' s impact. This is inconsistent with the District' s policy and procedures. The District' s previously collected development fees in the approximate amount of $4 . 0 million has been designated to mitigate impact of previous developments for which the fees were paid, in accordance with Section 65995 of the Government Code. It is inappropriate for the District to reallocate these monies to a new purpose, thereby jeopardizing the partial mitigation of previous developments. In addition, the utilization of existing school sites is misleading. As is noted herein, the District's open schools are at or exceeding capacity of both permanent and portable (temporary) facilities. The re-opening of existing schools places financial liabilities on the District in terms of reconstruction/re-opening costs, transportation costs, and operation and maintenance costs, etc. ; and will result in social/political implications in terms of attendance boundary modifications, busing of students, and social maladjustments between already established neighborhood school areas. In addition, the District' s disposal of existing closed or non-school used school sites would have an adverse effect on the District' s operational, management and administrative responsibilities to the community, and would adversely effect the asset (land and revenue) management direction and planning of the Board of Trustees. 7-16 IMPACT MITIGATION NEGOTIATIONS In an attempt to reconcile differences between the Developer and the District, and to implement a realistic mitigation program acceptable to the District, the District proposed to the Developer a mitigation program which contained various concessions, and which resulted in a Developer additional contribution of $3 . 066 million over statutory fees versus the magnitude of revenue deficits previously stated. The District's concessions have been previously noted in this letter. The following represents the District' s prior proposal to the Developer which the District believed was a fair and equitable mitigation plan considering the items the Developer has previously raised: 1) School Site Designation Alternatives - The District would keep the option open to acquire the property and site the school either has a) a joint use school/park consisting of a net six (6) acre school and a net four (4) acre park at the northeast corner of Garfield and Crystal (Gothard Extension) ; or b) a school of nine (9) acres at the northwest corner of Garfield and Saddleback Lane; 2) Site Purchase Price - The District would purchase the property chosen by the District at a fixed non-escalated price, as follows: Garfield/Crystal (Gothard Extension) Site - $730, 000 per acre or $4 , 380, 000 (6. 0 acres) ; Garfield/Saddleback Lane Site - $720, 000 per acre or S6 , 192 , 000 (8. 6 acres) ; Garfield/Saddleback Lane Site - $720, 000 per acre or 55 , 976 , 000 (8 . 3 acres; 3) Transfer of Property - Fee title to the chosen site would be transferred to the District upon the District ' s decision to acquire the site and upon receiving State approval ; 4) Base Development Fee Rate - Development fees on properties within the Holly-Seacliff Specific Plan area and those properties presently held by Pacific Coast Homes/Urban West Communities within the Ellis-Goldenwest Specific Plan area would be collected at a rate of 1. 20% of the statutory fee in effect at the time of issuance of building permits; 8-1 J91 tl J11A 4 ;_1r 1 5) Additional Development Fees - The District calculated a deficit of $1.5 million against projected costs of $10. 9 million. The District would seek an additional fee increase or property purchase price reduction, or combination thereof equal to $1. 5 million. The proposed development fee would be 1. 40% of the statutory fees, and the property price reduction would be $250, 000 per acre on the Garfield/Crystal (Gothard Extension) site; or $174 ,419 per acre assuming 1. 6 (±) purchased acres or $180,723 per acre assuming 8.3 purchased acres on the Garfield/Saddleback site; 6) Expansion of Garfield/Saddleback Lane Site - If the District chooses to add additional property to the Garfield/Saddleback site, the District would utilize its authority to acquire the property and would finance the acquisition with District revenues; and 7) Housing of 6-8 Students - The District would not house 6-8 grade students generated by the development in permanent facilities, but would allocate no more than $900, 000 of collected development fees CO fund relocatables, as appropriate. For purposes of understanding the District's prior proposal, the following mathematical calculations represent the present value analysis: Garfield/Crystal Garfield/Saddleback Garfield/Saddleback (Gothard Extension) (8.6 acres) (8.3 acres) (6.0 acres) K-5 Land Cost S 6,192,000 S 5,976,000 S 4,380,000 Closing Cost 50,000 50,000 50,000 Improvement Cost S 5,553,552 S 5,553,552 S 5,553,552 Sub-Total S11,795,552 $11,579,552 S 9,983,552 6-8 Relocatables S 900,000 S 900,000 S 900,000 Total Cost $12,695,552 $12,479,552 S10,883,552 Development Fees 2 1.201 (Est.) S 9,391,267 S 9,391,267 S 9,391,267 Total Cost Less Development Fees S 3,304,285 S 3,304,285 S 1,492,285 I Additional Developer Contributions S 1,500,000 S 1,500,000 S 1,492,285 Additional District Contributions S 1,804,285 S 1,588,385 S .0- 8-2 coww.n s,srss.ssoc�*ss..c _t� It is the District's opinion that the District has made several concessions in order to negotiate in good faith towards a mutually acceptable agreement. The Developer rejected this alternative proposal and has instead sought financial contributions from the District at the minimum amount of $1. 5 (±) million, but which could be as high as $3.0(±) million or greater, depending on the site chosen by the District. 8-3 r Li C:r.www SOCuTES..iC SPECIFIC PLAN MODIFICATIONS On September 3 , 1991, the District submitted a letter to the City setting forth recommended revisions to the Specific Plan which would address the District's concerns. The September 17 , 1991 Staff Report stated: " . . . .Staff has received the School District letter and feels that the additional language, as presented, is not necessary. The Draft Specific Plan states that all development in the Specific Plan area shall conform to applicable State laws regarding school fees and that appropriate mitigation measures from Final Environmental Impact Report No. 89-1 shall be applied to development in the Specific Plan area. . . . " The District cannot support the Staff conclusions and believes that it is without any basis. In order to preclude any interpretation of the EIR No. 89-1 mitigation measures, and to fulfill the requirements of Section 65451 of the Government Code, the District would again suggest that the following revisions to the Specific Plan be incorporated therein: 1) Page I-1 should be revised to read as follows: "B. Goals The goals of the Specific Plan are to define the holly- Seacliff development plan, including: o Distribution of planned residential uses and definition of permitted housing types. o Location, character and intensities of planned commercial, industrial and mixed development uses. o Alignments and design of arterial highways and locations of traffic control devices. o Design of community open spaces, parks, trails, and' recreation facilities. o Grading guidelines. o Design and implementation of required public facilities including school facilities to serve existing and proposed development. o Design and implementation of the community theme elements. " 9-1 [o y 'VVE.E•EEOC-ES.2 2) Page II-5 should be revised to include the following: 116. Schools Schools are permitted to be designated and located within any Planning Area so as to accommodate a minimum of 600 grade K-5 students generated by the development of the Specific Plan and surrounding areas , in conjunction with appropriate General Plan amendments. " 3) Page II-10 should be revised to read as follows: "h. Schools The Specific Plan Area is located within the Huntington Beach City School District (Grades K-8) and the Huntington Beach Union High School District (Grades 9- 12) . All development within the Specific Plan Area is subject to the payment of school impact fees at the time of issuance of building permits, in accordance with Government code Section 53080. School facility impact mitigation measures per Final Environmental Impact Report No. 89-1 shall be applied to development within the Specific Plan Area (see Section VI) . In accordance with the terms and conditions of Development Agreement No. 90-1 , the Developer shall designate an area for a public school site as provided for in the California Government Code, City Ordinances and other applicable laws. The conveyance of the school site from the Developer to the Huntington Beach City School District, and the construction of the school facilities shall be pursuant to an Impact Mitigation and Financing Agreement by and between the Developer and the District. The Agreement shall provide, at a minimum: 1. The designation of a 10-acre net school site for a ~ K-5 grade school to serve students generated by the residential development; 2 . Provisions for the conveyance of the school site to the District as part of the implementation of this Specific Plan; and 3 . Payment of school impact fees and provisions for other revenues to finance construction of the necessary school facilities. " 9-2 MMW 4) Page III-8 should be revised to include the following: 18. School Facility A K-5 grade school facility shall be developed in accordance with the standards and requirements of the Huntington Beach City School District, the State of California Architect, and the State of California Department of Education. The school site shall be located in a Plannina area of the development, so as to provide reasonable vehicular, bicycle, and pedestrian access/egress by all potential students , and shall not be located on an arterial highwav, primary highway, or secondary highway, without the approval of the District. The site shall consist of a minimum of 10 acres (net) , a conficruration where the depth of the site does not exceed width by 200% , a grade differential of no more than 2% , no on-site or close proximity of oil wells or refinery operations, all utilities stubbed to the property line, and at least two (2) access/egress points to the site. 5) Page III-6 should be revised to include the following: 1115. Air Quality Conservation Measures Development within the Specific Plan Area should consider the following during project design: bicycle facilities, bus turnout lanes, bus shelters, park and ride areas, energy conserving lighting and traffic signal synchronization, where feasible. Bus turn-outs should be provided throughout the development in order to accommodate the public transportation and school district transportation rider access/egress in a safe and hazard free condition. The location of such turn-outs shall be coordinated with the public transportation companies serving the area , and the Huntington Beach City School District. Bicycle routes and lanes shall be established , signed , and implemented throughout the development to provide safe, hazard free and efficient routes to parks and schools. Route locations shall be coordinated with the Huntington Beach City School District. " 9-3 LI Cl�+u S.REYS"WCWES.K = 6) Page IV-1 should be revised to read as follows: "B. Public Facilities Improvement Responsibilities In order to provide for public facilities improvements necessary to serve all future development within the Holly-Seacliff area, developers will have a fair-share responsibility for either 1) constructing the necessary improvements required as described in the Specific Plan concurrent with project development, or 2) funding such necessary improvements if constructed by other developers. The City will determine and administer the fair-share responsibility for the master public facilities improvements, including sewer, water, drainage, roads, traffic controls, fire and police capital facilities as described in the Specific Plan. If a developer provides the necessary facilities beyond his fair-share responsibility, that developer shall be reimbursed from funds collected from other developers. If a developer is required to pay fees, those fees will be based on the City' s fair-share responsibility determination. This determination will be based on a development's proportional use of the master public facilities improvements necessary to serve the development utilizing assessment on a dwelling unit, acreage, building square footage or front footage basis. All improvements shall be conditioned to construct or pay fees per a Holly-Seacliff Public Facilities Fee ordinance. Such construction or payment of fees shall be based on a fair-share responsibility program as administered by the City Public Works Department. As an alternative to developer funding, public improvements financing may be available through the formation of assessment districts or community facilities (Mello-Roos) districts. These districts provide for the issuance of bonds for the design and construction of public facilities which shall be repaid by land owners in proportion to the benefits received by each user. The school facility improvements shall be implemented pursuant to the terms and conditions of an Impact Mitigation and Financing Agreement between the Developer and the Huntington Beach Citv School District. Buildina - permits shall be issued only in conjunction with the terms and conditions of that Agreement. " 9-4 „SS=W[s we The City has asked for more simplified modifications to the Specific Plan. As such, the District would recommend the following alternative language: 1) Page II-5 should be revised to include the following: 116. Schools Schools are permitted to be designated and located within any Planning Area so as to accommodate a minimum of 600 grade K-5 students generated by the development of the Specific Plan and surrounding areas, in conjunction with apuropriate General Plan amendments. ” 2) Page II-10 should be revised to read as follows: "h. Schools The Specific Plan Area is located within the Huntington Beach City School District (Grades K-8) and the Huntington Beach Union High School District (Grades 9- 12) . All development within the Specific Plan Area is subject to the payment of school impact fees at the time of issuance of building permits, . in accordance with Government Code Section 53080. , School facility impact mitigation measures per Final Environmental Impact Report No. 80-1 shall be applied to development within the Specific Plan Area (see Section VI) . There shall be designated within the Specific Plan area a school site as an alternative to the school site designated by GPA 89-1. The conveyance of the school site from the land owner to the Huntington Beach jCity School District, and the construction of the school facilities shall be pursuant to an Impact Mitigation and Financing Agreement(s) by and between the developers within the Specific Plan area and the District, The Agreements (s) shall provide, at a minimum: 1. The designation of a 10-acre school site for a K-5 arade school to serve students generated by the residential development; 2 . Provisions for the conveyance of the school site to the District as part of the implementation of this Specific Plan; and 3_ Payment of school impact fees and provisions for other revenues to finance construction of the necessary school facilities. " 9-5 i�o,,,,,,..`�EvsfEvS SSOCuiEi✓2 3) Page IV-1 should be revised to read as follows: "B. Public Facilities Improvement Responsibilities In order to provide for public facilities improvements necessary to serve all future development within the Holly-Seacliff area, developers will have a fair-share responsibility for either 1) constructing the necessary improvements required as described in the Specific Plan concurrent with project development, or 2) funding such necessary improvements if constructed by other developers. The City will determine and administer the fair-share responsibility for the master public facilities improvements, including sewer, water, drainage, roads, traffic controls, fire and police capital facilities as described in the Specific Plan. If a developer is required to pay fees, those fees will be based on the City' s fair-share responsibility determination. This determination will be based on a development' s proportional use of the master public facilities improvements necessary to serve the development utilizing assessment on a dwelling unit, acreage, building square footage or front footage basis. All improvements shall be conditioned to construct or pay. fees per a Holly-Seacliff Public Facilities Fee Ordinance. Such construction or payment of fees shall be based on a fair-share responsibility program as administered by the City Public Works Department. As an alternative to developer funding, public improvements financing may be available through the formation of assessment districts or community facilities (Mello-Roos) districts. These districts provide for the issuance of bonds for the design and construction of public facilities which shall be repaid by land owners in proportion to the benefits received by each user. The school facility improvements and land acquisition shall be implemented pursuant to the terms and conditions of an Impact Mitigation and Financing Agreement (s) between the developers within the Specific Plan area and the Huntington Beach City School District. No development entitlement, including but not limited to tentative tract tract maps subdivision maps, maps subdivision maps�arcel mans buildingpermits , etc. shall be issued by City prior shall be issued by the Cityprior to the approval of the terms and conditions of the Agreement(s) by the District. " 9-6 It would appear to the District that until the Specific Plan addresses the concerns raised by the District, the Specific Plan is incomplete and is not in conformance with Section 2.2 .9 (b) of the Development Agreement, Section 65451 of the Government Code, and the policies and programs as contained in the City's General Plan. Under the provisions of Mira, Hart and Murrieta, the City has the authority to deny the approval of the Specific Plan ,on the grounds that there are inadequate facilities to accommodate the student generation of the implementation of the Specific Plan. The District would suggest that the District's proposed revisions provide adequate safeguards to allow the Specific Plan to proceed for approval. 9-7 ATTACHMENTS 1 A B C D E F G II 1 J K L M N 0 P n TABLE 1-1 2 08-Oct-91 3 01:11:11 PM 1 HUNTINGTON BEACH CITY SCHOOL DISTRICT 5 COST ESTIMATES PER SQ. FT. OF BUILDING AREA 6 HOLLY-SEACLIFF / ELLIS-GOLOENWEST SPECIFIC PLANS I 8 1991 DISTRICT COSTS 1991 DEVELOPER COSTS 9 10 11 K-5 TOTAL 6 1-8 TOTAL 6-8 TOTAL K-8 K-5 K-5 FACTOR I1 PER SQ. FT. COSTS PER SQ. FT. PER SQ. FT. COS15 COSTS CUSTS PER SQ. FT. COMPARISONS 13 11 15 ACRES 10 10 21 10 16 LAND SQ. F1 435.600 435,600 914.160 435.600 17 STUDENTS 600 600 750 600 18 NET SQ. FT. PER STUDENT 59 59 60 59 19 GROSS SO. FT. PER STUDENT 62 62 83 62 20 NET BUILDING SQ. FT, 35,400 35,100 60,000 35,100 21 GROSS BUILDING SO. FT. 37,200 31,200 62,250 37,200 22 FACTORS 23 21 BUILDING COSTS FIXED 190.87 13.216,791 $90.11 193.61 13,288,960 192.91 25 GENERAL SITE 8.00\ Of BUILDING COSTS $7.21 1251.311 11.21 17.49 $225,000 $6,36 6.81\ 26 GENERAL SITE 115.000 PER ACRE 11.21 1150,000 14.21 15.25 f0 10.00 27 SERVICE SITE 15.001 Of BUILDING COSTS 113.63 1492.520 $13.63 114.01 190,000 $2.54 2.11\ 18 UTILITIES 2.50% OF BUILDING COSTS $2.27 180,110 $2.21 12.34 130.000 11101 1.16% 29 OFF SITE IMPROVEMENTS 15.00% OF BUILDING COSTS $13.63 1482,520 113.62 114.04 133,000 10.93 1.00\ 30 31 HARD COST SUB-IOIAL 1131.91 11,669,601 1131.91 1136.77 $3,674,980 $103.01 32 33 ARCH./ENG. FEES 8.25% OF HARD COSTS 17.50 1265,306 11.50 17.12 $268,000 11,51 7.29% 31 INSPEC110N/TESTS 2.50% OF HARD COSTS 12.27 $80,120 12.21 12.34 $39.500 11.12 1.01\ 35 PLAN CHECK FEES 0,751 OF HARD COSTS $0.68 $24,126 10.68 10.70 $25,000 $0.11 0.68% 36 31 SOFT COST SUB-TOTAL $10.45 1369,932 $10.45 110.77 1332,500 19.39 38 39 FURNITURE 6 EOUIPMENT (FF6E) $7.00 PER BLDG. SQ. FT. $7.00 1247,100 17.00 $7.00 10 10.00 $0 10 11 IIARD/SOFT 1, ME COST SUB-TOTAL 1119.36 1S,287,333 1142.36 1154.54 11,001,180 $113.21 12 13 STATE CONTINGENCY 1.50% OF SUB-TOTAL $2.24 $79.310 12.24 $2.32 $100,000 12.82 2.501 11 STATE CONTINGENCY 12,000 PER SCHOOL 10.06 32.000 10.06 10.03 10 10.00 10 IS DISTRICI CONTINGENCY 3.50% OF SUB-TOTAL 15.23 1185,057 15.23 15.41 10 10,00 0.001 16 11 CONTINGENCY SUB-TOTAL 17.52 1266,367 11.51 17.76 1100,000 12,82 18 19 HARD/SOFT, FF6E, 6 CONTINGENCY COST SUB-TOTAL 1156.88 15.553.700 1156.88 $162.30 14,101,480 $116.03 SO 51 LAND 1025,000 PER ACRE 10.0 ACRES 1233.OS 18,250.000 1233.05 1288.75 18,250,000 1231,05 52 APPRAISAL 6 CLOSING COSTS $50,000 PER SITE 11.41 $50,000 $1.41 10.83 150,000 11111 53 51 LAND SUB-TOTAL 1234.46 18,300.000 1234.46 $289.58 10,300.000 1231,46 55 56 TOTAL IMPROVEMENT/LANO COST PER SQ. FT. 1391.3S $13.853.700 1391.35 1451.80 112,407,480 1350.49 51 58 ^^ ^n rr 111.00 10 10.00 10.00 10 10.00 59 en 1n nn Kn INTERIM FACILITIES 1-8 $0.00 PER BLDG. SQ. FT. $0.00 10 10.00 10.00 10 $0.00 61 62 SUB-TOTAL OTHER FACILITIES PER SQ. FT. 10.00 10 $0.00 10.00 10 10.00 53 61 GRAND TOTAL 1NPROVEMENT/LAND/01IIER FACILITIES COST PER SQ. FT. $391.35 113.653.700 1391.35 $451.48 112.407,480 1350.19 65 66 TOTAL COST PER STUDENT $21.089 123,089 136,150 $20,679 67 TOTAL COST PER SCHOOL 113,853,100 113.853.700 127.112,811 140,966,543 $54,820.242.82 $12.401.480 68 69 STUDENT GENERATION FACTOR 0.1171 0.0191 0.0131 0.0525 0.1796 0.1111 TO TOTAL COST PER HOUSEHOLD $2.104 1111 11.569 12,010 11,714 $2,122 71 1 COST SPLIT PER HOUSEHOLD 51.36% 9.36% 33.281 11.611 100.001 12 TOTAL COST PER HOUSEHOLD SQ. FT. $1.42 10.23 10.82 $1.05 12.47 11.21 73 11 TOTAL COST PER HOUSEHOLD $2.704 1111 $1.562 12.010 14,714 $2,422 15 TOTAL DEVELOPMENT FEES 1.908 SQ. HT-AIOUSEHOLD $1.50 61.00% $1.055 $112 1612 $181 11.839 11,839 16 71 SURPLUS/(DEFICIT) PER HOUSEHOLD (11,614) (1269) (1957) (11,226) (12,874) (1582) 18 SURPI.US/(DEFICIT) PER HOUSEHOLD SO, FT. (10.86) (10.14) (10.501 (10.6/) (11.51) (10.31) 19 80 SOURCE: COMMUNITY SYSTEMS ASSOCIATES, INC. 81 1 B C D E F G H I J K l M N 0 P Q 2 TABLE 1-? 08-Oct-91 3 01:52:54 PM 1 HUNTINGTON BEACH CITY SCHOOL DISTRICT 5 COST ESTIMATES PER SQ. FT. OF BUILDING AREA 6 IIOLLY-SEACLIFF / ELLIS-GOLDEMNEST SPECIFIC PLANS 1 8 ' 1991 DISTRICT COSTS 1921 DEVELOPER COSTS 9 10 If K-5 TOTAL 6 7-8 TOTAL 6-8 TOTAL K-8 K-S 9-5 FACTOR 12 PER SQ. FT. COSTS PER SQ. Ff. PER SQ. FT. COSTS COSTS COSTS PER SQ, FT. COMPARISONS 13 11 IS ACRES 10 10 21 10 16 LAND SQ. F1 435.600 435.400 914.760 13S,600 17 STUDENTS 600 600 750 600 18 NEI SO. FT. PER STUDENT 59 59 80 59 19 GROSS SQ. FT. PER STUDENT 62 62 83 62 20 NET BUILDING SQ. FT. 35,400 3S.400 60.000 3S,10D 21 GROSS BUILDING 50. FT. 31,200 37.700 62,250 31,200 22 FACTORS 23 21 BUILDING COSTS FIXED $10.87 13,216.198 190.11 193.61 $3,288,980 $22.91 25 WIJERAL SITE 8.00% OF BUILDING COSTS $1.21 1257.311 $7.27 $1.49 $225.000 $6.36 6.84% 26 GENERAL SIIE IIS,000 PER ACRE 11.24 1150,000 11,24 15.25 10 10.00 21 SERVICE SITE 15.00% OF BUILDING COSTS 113.63 $482,520 113.61 $14.04 $90,000 $2.54 2.14% 28 UTILITIES 2.50% OF BUILDING COSTS 12.?l 180,120 12.21 12.34 $38,000 $1.01 1.16% 29 OFF SITE IMPROVEMENTS 15.00% OF BUILDING COSTS 113.63' 1182.520 $13.63 114.04 133.000 10.91 1.00% 30 31 HARD COST SUB-TOTAL 1131.91 14.661,601 1131.91 1136.77 13,614,900 1103.81 32 33 ARCIt./ENG. FEES 8.2S1 OF HARD COSTS 17.50 1265,306 11.50 17.72 $261,000 17.51 7.29% 31 INSPfCII(RIITESTS 2,50% Of HARD COSTS 12.27 110,120 $2.21 12.34 139.500 $1.12 1.07% 35 PLAN CHECK FEES 0.751 OF HARD COSTS $0.68 124,126 10.61 10.70 125.000 10.71 0.68% 36 31 SOFT COST SUB-IOTAL 110.45 1369,932 110.45 110.71 $332,500 19.39 38 39 FURt1ffURE & EQUIPMENT (FF6E) 11.00 PER BLDG. SQ. FT. $7.00 1247,000 17.00 17.00 i0 10.00 10 10 11 HARD/SOFT & FF&E COST SUB-TOTAL 1149.36 15,287,333 $149.36 1154.54 14.007.410 1113.21 12 13 STATE CONTINGENCY I.S01 Of SUB-TOTAL $2.24 179.310 12.24 12.32 1100,000 12.82 2.50% 11 STATE CONTINGENCY $2.000 PER SCHOOL $0.06 $2.000 $0.06 $0.03 10 $0.00 f0 15 DISTRICT CONTINGENCY 3.50% OF SUB-TOTAL $5.23 1185,057 $5.23 15.41 10 10.00 0.001 16 11 CONTINGENCY SUB-TOTAL $7.52 1266,367 17.52 17.76 1100,000 $2.82 18 19 HARD/SOFT, FF&E, & COIITINGENCY COST SUB-TOTAL 1156.88 1S1553,700 1156.88 1162.30 $4,107,480 1116.01 50 51 LAND $720,000 PER ACRE 8.3 ACRES $168.81 IS,976,000 $203.39 1252.00 $5,116,000 $166.81 5? APPRAISAL & CLOSING COSTS ISO,000 PER SITE 11.41 150,000 $1.41 $0.83 150.000 $1.41 53 51 LAND 5118-TOTAL 1170.23 $6.026.000 1204.80 12S2.83 15,026,000 1170.23 55 56 TOTAL IMPROVEMENT/LAND COST PER SO• FT. $327.11 111,579.100 1361,69 111S.13 $10.133,480 1286.26 $7 S8 In nn to on 10 10.00 59 I INTERIM FACILITIES 1-8 10.00 PER BLDG. SQ. FT. 10.00 10 $0.00 10.00 10 10.00 61 ` 62 SUB-TOTAL OTHER FACILITIES PER SQ. FT. 10.00 10 10.00 $0,00 1D 10.00 63 61 GRANO TOTAL IMPROVEMENT/LAND/OTIIER FACILITIES COST PER SQ. FT. 1321.11 111,519.700 1361.69 1415.13 110,133,180 $286.26 65 66 TOTAL COST PER STUDENT 119.299 $21,339 133,210 316,889 61 � TOTAL COST PER SCHOOL 111,579.700 $12.803.700 124,907,811 137,711,543 $49.291.242.82 110.133.480 68 59 STUDENT GENERATION FACTOR 0.1111 0.0191 0.0434 0.0625 0.1796 0.1171 70 TOTAL COST PER HOUSEHOLD $2.260 1409 11.111 $1,849 14,109 11.978 11 t COST SPLIT PER HOUSEHOLD 55.00% 9.92% 35.08% 15.00t 100.00% 72 TOTAL COST PER HOUSEHOLD SO. FT. 11.18 10.21 $0.76 10.97 12.15 $1.04 13 11 TOTAL COST PER HOUSEHOLD 12.260 1401 $1,111 $1,849 $1,109 .31,91A 15 TOTAL DEVELOPMENT FEES 1.908 SQ. HT./IIOUSEHOLO 11.58 61.00% $1.012 1162 1645 $828 11,839 11,839 16 77 SURPLUS/(OEF(CIT) PER HOUSEHOLD (11.248) (1225) (1796) ($1,021) (12,270) 0 138) 78 SURPLUS/(DEFICIT) PER HOUSEHOLD SQ. FT. (10.65) (10.12) (10.12) (10,51) (11.19) (10.01) 19 80' SOURCE: COMMUNITY SYSTEMS ASSOCIATES, INC. 81 COX. CASTLE 8 NICHOLSON c H'L-;P R. N+C,OLSON' STEVEN A. .:UNG A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS OF COUNSEL aWRENCE-EPLIN 5ANDRA C. STEWART � �� 3EORGE N.M.0 COX RONALD !. SILVERMAN ROGER C. GLIENKE RICHARD ASTLE STEPHEN G. SHAPIRO J1LL JASPER ANDERSON LAWRENCE J. 7RACY MARIO CAMARA ALISA J. FREUNDLICH 2O49 CENTURY PARK EAST DAMES E. BARNETT GECRGE 0. CALKINS. 11 CAROL L. MATSUNAGA HOWARD GOLDSTEIN ✓O"N -I. KUHL KENNETH WILLIAMS TVVE H NTY-EIGHT FLOOR SAMUEL H. GRUENRA UM PHILLIP E. HiMELSTEIN SUSAN J.JACKS ON EDWARD C. DYGERT R ARTHU O. SPAULDING,JR- MICHAEL J. KAMINSKY LOS ANGELES, CALIFORNIA 90067 .J EFFREY LAPOTA KATH14YN M. LYDDAN {� /.� �-+r XEI?H C. ENRICH DAVID A. LEIPZIGER DAV1D S. ROSENBERG TELEPHONE (213) 277- 2y. y _ tv ii � il�r CLfFTON B. CATES 7.L ^v HN S. MILLER.JR. CAROA K. RYHAL r.w vW da tl ��V777 is KENNETH 8. BLEY MICHAEL L. TIDUS � ORANGE COUNTY OFFICE IRA J WALDMAN MATHEW A.WYMAN FACSIMILE (2!31 277-7889^y�(-`,i, /t A ^. JOHN F. NICHOLSON AMV W. BRAMMER N 1 J r U '1-i 11� !9800 M..ARTH UR BOULEVARD CnARLES E. NONEMAN PHILIP J. COLLIAS J J 'NILLIAM KAMER STATHI G. MARCOPULOS SUITE 600 MARLENE D. GOODFRIED H. MARK MERSEL 1n' !RVINE, CALIFORNIA 92715 EVERITT �. BEERS SARPY C SEATON BARRY P .;ABLON LISA A.STERES ' I 1714)476-2111 JEFFREY D. MASTERS JANE 9.THOMASSEN ROBERT 0. INFEUSE DIANE E. TMEREND (213)284-2187 EDWARD G.SHIRLEY ANDREW E.ZOBLER BRADLEY D. FRAZIER SCOTT D- BROOKS /� (� TAMAR C. STEIN JOHN C. CONDAS November 20, 1991 E DYTHE L. BRONSTON JEAN K. MURRELL CAROB M. LIFLAND SHARCN L. TAMIYA OUR FILE NO: DOUGLA5 P. SNYDER ROSS 0- VINCENTI JOHN R_ CAUBLE,JR. AMV H.WELLS GARY A. GLICK ROBERT L. BENUN 21200 _.RA LEE MOORE MITCHELL 1. BURGER LEWIS G. FELDMAN LISA GUZMAN WRITER'S DIRECT DIAL NUMBER PETER F. McANDREWS ADRIENNE TYMON KENTOR P.JEROLD WALSH MARK A. REZAC MARK P. McCLANATHAN DONALD J. CHAVEZ JOHN A. KINCANNON ADAM D. DUNCAN 3 1 0/2 8 4—2 2 3 1 STANLEY W LAMPORT SHERRY M. OVPONT RANDALL W. BLACK JACKIE K. MILLER W. MCLIN LINES HONG-PHUOC P. NGUYEN PERRY O.MOCCIARO JACQUELINE PHILLIPS-JACKSON JESS R. BRESSI JOEL H. ROTHSTEIN GREGORY J. KARNS MYRON S.STEEVES D. SCOTT TURNER PAUL J. TITCHER HERBERT J. KLEIN KERRY V.WILKINSON DONNA J. CHRISTENSEN A ROrr 101AL CORRORATIO. Honorable Peter Green, Mayor, and the Honorable Members of the Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 Re: Addendum to Final Environmental Impact Report No. 89-1, General Plan Amendment No. 91-2, Zone Change No. 90-10, and Code Amendment 90-10. Ladies and Gentlemen: i My clients, Pacific Coast Homes and Urban West Communities, have been involved with the development of the Holly Seacliff Master Plan area for a number of years. On October 29, 1991, the Planning Commission adopted Resolution No. 1450, accepting the Addendum to Final Environmental Impact Report No. 89-1, adopted Resolution No. 1451, approving General Plan Amendment No. 91-2, and recommended the approval of Zone Change No. 90-10 and Code Amendment No. 90-10 (collectively, the "Approvals") . It did so after holding several hearings and imposing a number of ad- ditional conditions, most particularly, in response to concerns voiced by the Huntington Beach City School District (the "Dis- trict") . However, on November 8, 1991, Marshall B. Krupp, president of Community Systems Associates, Inc. , submitted a document on behalf of the District of approximately 70 pages which, when boiled down to its essentials, demands that the City require that Pacific Coast ATTAGHN4ENT N U. Honorable Peter Green, Mayor November 201 1991 Page 2 Homes bear all the costs associated with providing school services for the children (many of whom will be from homes which are not being built by my clients) who will someday inhabit the Holly Seacliff area. This letter responds to each of the arguments submitted by the District and demonstrates that they are without foundation. DISCUSSION On November 5, 1990, the City Council enacted Ordinance No. 3080 which approved Development Agreement NO. 90-1. The Develop- ment Agreement allowed my clients the right to build a total 3,780 dwelling units as part of the Holly Seacliff project. That agreement was, of course, in full compliance with the Holly Seacliff Master Plan and was fully analyzed for environmental effects in Final Environmental Impact Report No. 89-1. Section 2.4. 1 of the Development Agreement recognized that the City was in the process of adopting the Holly Seacliff Specific Plan in order to provide even greater direction to the development of the Holly Seacliff project. The actions of the Planning Commission on October 29, 1991, constituted the implementation of the actions taken by the City Council in 1990 with some minor changes, none of which had anything to do with changing the number of dwelling units which would be allowed. In particular, the minor changes set forth in General Plan Amendment No. 91-2 do nothing but move residential and commercial uses within the Specific Plan area. Nothing which was done by the Planning Commission, and which is now before the City Council, did anything which would in any way increase the number of children who will be using the District's schools. With these introductory comments in mind, it is worthwhile looking at each of the arguments raised by the District. The City Has Fully Complied With The California Environmental Ouality Act And The CEOA Guidelines The District's first argument is that the use of the Adden- dum violated the California Environmental Quality Act ("CEQA") . It is wrong. The Department of Community Development correctly deter- mined that an addendum to Final Environmental Impact Report No. 89-1 would be sufficient because none of the requirements for a Honorable Peter Green, Mayor November 20, 1991 Page 3 subsequent or supplemental environmental impact report ("EIR") existed. This is in line with the view that the courts of California have taken that, while a very low threshold exists in determining whether EIR should be prepared, that threshold rises substantially when, as in the present case, one has been prepared. The question is whether a subsequent or supplemental EIR should be prepared. This was set out at length in a letter dated June 26, 1991, to Howard Zelefsky, a copy of which is attached. It should also be noted that CEQA Guidelines S 15164 (b) states: "An addendum need not be circulated for public review but can be included in or attached to the final EIR. " In the present case, the Staff went well beyond what the law required and circulated the Addendum, obtained comments from the District, and responded to those comments. Finally, as noted above, none of the Approvals will in any way increase the impact on the District. In an analogous situation, the courts of California have held that, when analyzing a project for consistency with a general plan, only those elements of the general plan involved with the project need be considered. gge e.g. , Guardians of Turlock's Integrity v. Turlock City Council, 149 Cal.App.3d 584, 592-593 (1984) . The analogy to environmental review is obvious; if the project has no impact on a particular part of the environment, then there should be no requirement to do environmental review with respect to that particular part of the environment. The Legislature has also made this clear by the adoption of Public Resources Code S 21104 (c) , part of CEQA, which limits the comments that a public agency can make on an EIR to only those within the agency's area of expertise. As applied to the present situation, this means that, even if an EIR had been required, the District would have been limited to commenting on problems associated with the Approval in terms of their impacts on the District, which, as noted above, are nonexistent. The ARprovals Are In Full Compliance With The City's General Plan The District's second argument is that the approvals are inconsistent with the City's General Plan. The District is wrong. Honorable Peter Green, Mayor November 20, 1991 Page 4 At the hearing before the Planning Commission on October 29, i 1991, the Commission revised the language of the Specific Plan precisely in order to make sure that adequate school facilities would be available when and as needed. The exact language suggested by the Planning Commission was: "Any new school facility shall be developed in accordance with the construction and planning standards and requirements of the City of Huntington Beach, the Huntington Beach City School District, the State of California Architects Office, and the State of California Department of Education. "In order to comply with mitigation measures identified in Environmental Impact Report No. 89-1, proposed future development within the Specific Plan may be required to dedicate and convey land to the school district, pay additional school impact fees and/or provide other revenues to facilitate the financing of construction and land for new school facilities. In addition, mitigation may be achieved by providing new or existing permanent or temporary classroom facilities. "Compliance with the above shall be addressed concurrent with the filing of the first tentative tract map. The developer shall demonstrate to the City's satisfaction and upon receipt of the School District's review that the mitigation measures identified in Final Environmental Impact Report No. 89-1 have been or will be implemented prior to the approval of any tract maps." Thus, the Planning Commission acted to ensure that the requirements of the General Plan as to the provision of school facilities would be satisfied. The Specific Plan Is In Full Compliance With The Development Agreement The District's third argument is that the Specific Plan is not in compliance with the Development Agreement and that, in particular, my clients have failed to negotiate with the District in good faith. The District is wrong. Honorable Peter Green, Mayor November 20, 1991 Page 5 As pointed out in the October 29, 1991, Staff Report con- cerning the Addendum, at 2: "As stated in prior Staff Reports, the des- ignated school site in the Holly Seacliff Specific area is located outside the proposed Holly Seacliff Specific Plan area." Thus, the location of the school site has nothing to do with the Specific Plan presently before the City Council. Nor is it true that my clients have failed to negotiate with the District in good faith. As pointed out in the District's opposition at 4-3 to 4-4, my clients have repeatedly met with the District and has offered to pay more than state law requires and to maintain the purchase price of the site at its present value for at least six months. The Approvals Are In Full Compliance With General Plan Amendment No. 89-1 And Final Environmental Impact Report No. 891 The District's fourth argument is that the approvals are not in compliance with General Plan Amendment No. 89-1 and Final Environmental Impact Report No. 89-1. As set forth in the preceding subsections, the District is wrong. The Specific Plan Complies With JJ Government Code S 65451 1 The District's fifth argument is that Specific Plan does not provide the information required by Government Code Section 65451 dealing with the location of essential facilities and the implementation programs necessary to make sure that his facili- ties come into existence. As set forth in the preceding subsec- tions, the District is wrong. It Is Entirely Appropriate To Place The Responsibility For Implementation Of Mitigation Conditions In The City's Hands The District's sixth argument is that it is inappropriate to place the responsibility for making sure that school impacts are suitably mitigated in the City's hands. The District is wrong. e Honorable Peter Green, Mayor November 20, 1991 Page 6 The Legislature has limited the District's authority to the imposition of school fees pursuant to Government Code $ 53080. This is the limit of the District's authority. All further responsibility for the mitigation of adverse impacts resulting from development is in the hands of the City. Indeed, the City has no right to delegate that responsibility. Citizens for Quality Growth v. City of Mt. Shasta, 198 Cal.App.3d 433, 443 n.8 (1988) . For the same reason, if there should be any ambiguities in what mitigation measures are required or how effective they are, it is up to the City, acting through its Department of Community Development, its Planning Commission, and its City Council, to resolve those ambiguities in order to make sure that the development of the Holly Seacliff Specific Plan area goes forward in full compliance with all of the rules, regulations and policies which the City Council has adopted over these last several years. CONCLUSION The development of the Holly Seacliff area has been, and will continue to be, a joint effort between the City, Pacific Coast Homes, and Urban West Communities. The concerns expressed by the District are of importance to both the City and to my clients; they have been, and will continue to be, addressed by all three. For all of the reasons set forth in this letter the arguments advanced by the District are without merit. Instead, the City Council has the right, and should exercise that right to adopt the Addendum and approve General Plan Amendment No. 91-2, Zone Change No. 90-10, and Code Amendment No. 90-10. Very truly yours, Ken eth B. Ble KBB/bp E189101 Enclosure cc: Michael Uberuoga Gail Hutton Connie Brockway Michael Adams Howard Zelefsky Robert Adams Dwayne Dishno F i huntington beach department of community development STAf f --' REPORT TO: Planning Commission FROM: Community Development DATE: October 29 , 1991 SUBJECT: ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 AND GENERAL PLAN AMENDMENT NO. 91-2 (CONTINUED FROM THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING) APPLICANT: Pacific Coast Homes 2120 Main Street, Suite 260 Huntington Beach, CA 92648 1 . 0 SUGGESTED ACTION: Motion to : A. "Accept as adequate the Addendum to Final Environmental Impact Report No . 89-1 by adopting Planning Commission Resolution No . 1450 and forward to the City Council; and" B . "Approve General Plan Amendment No . 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City council for adoption. " 2 . 0 GENERAL INFORMATION: Pacific Coast Homes has submitted General Plan Amendment No . 91-2 in order to shift seven (7) acres of commercial from the southeast intersection of Garfield Avenue and Edwards Street to the southwest intersection of Garfield Avenue and Goldenwest Street . Also, the applicant is requesting to shift residential densities near the intersection of Garfield Avenue and Main Street which will result in no additional units . The third request is to permit oil production/oil consolidation in the two (2) industrial land use areas . The requested amendments to the Holly-Seacliff Master Plan require the processing of a general plan amendment to the City' s Land Use Element . In order to process the amendment, staff has prepared an addendum to the original environmental impact report . Section 15164 of the California Environmental Quality Act states "The lead agency shall prepare an addendum to an environmental impact report if only minor technical changes or alterations are necessary to make the environmental impact report under consideration adequate under the California Environmental Quality Act and no new significant effects on the environment are raised. " ATTACH��E� 1" U. i . 0 DISCUSSION: 4 The following is a discussion of major topics of concern relating to 1� General Plan Amendment No. 91-2 and the Addendum to Final Environmental Impact Report No. 89-1. School District Concerns The Huntington Beach City Elementary School District has stated that the Addendum to Final Environmental Impact Report No. 89-1 does not adequately address the District ' s concerns regarding the development of a future school site. The District contends that the Addendum is inadequate and a supplemental environmental impact report should be prepared . The District has prepared a letter dated October 23 , 1991 which puts forth the student generation figures and potential impacts in the Holly-Seacliff area (see Attachment No. 1) . As stated in prior staff reports, the designated school site in the Holly-Seacliff Specific area is located outside the proposed Holly-Seacliff Specific Plan area. The designated school site is located north of Garfield Avenue between Edwards Street and Goldenwest Street which is within the boundaries of the Ellis-Goldenwest Specific Plan. Staff feels that the mitigation measures contained in Final Environmental Impact Report No . 89-1 are adequate and are being implemented in a proper manner. The following adopted mitigation measures read as follows : a . The General Plan Amendment No. 89-1 (the Holly-Seacliff Master Plan) designates a site for a new elementary school to serve students generated by residential development within the project area . b. The school district and major landowner should enter into an agreement for acquisition or lease of the site as part of implementation of this General Plan Amendment . c. Developers should pay school impact fees to finance construction of necessary school facilities . d. The Huntington Beach Union High School District should coordinate its expansion plans with phasing of development within the project area and surrounding areas . All developers within the Specific Plan area are required to pay school impact fees as indicated in the language on page II-10 of the Specific Plan, and the above mitigation measures are repeated on page VI-10, since the designated school site is located outside of adjacent to the Specific Plan area; therefore, the mitigation measure has been implemented. A general plan amendment would be required to relocate the designated school site. Staff recommends the following language be added to the proposed Holly-Seacliff Specific Plan. Staff Report - 10/29/91 -2- ( 1236d) h. "In the event that the existing designated school site located outside the boundaries of the Specific Plan is deemed unacceptable to the School District, a potential school site within the Specific Plan boundaries may be established by means of a general plan amendment initiated by the City of Huntington Beach. The general plan amendment shall thoroughly analyze all concerns and associated impacts as identified by the School District with the siting and construction of a school site. The processing of the general plan amendment shall begin within 3 months of the determination that the existing designated school site within the Holly-Seacliff Masterplan area has been formally deemed unacceptable by the School District . " In addition, the school planning consultant for Pacific Coast Homes has prepared an analysis of the school situation which has a slightly different focus (see Attachment No . 2) . Request by John Gustafson to Change Residential Area to Industrial In order to properly analyze the request to change a residential area to industrial , additional CEQA (California Environmental Quality Act) review is required which needs a minimum of four (4) weeks of analysis combined with a 21-day comment period. The general plan amendment analysis is performed concurrently. Staff recommends that the General Plan amendment request be expedited as a separate document and that at the time of Planning Commission action on the Specific Plan they take minute action identifying their understanding that the amendment will follow. Summary: The Addendum to Final Environmental Impact Report No . 89-1 has been proposed in order to address possible impacts associated with General Plan Amendment No . 91-2 . Staff feels that the Addendum adequately addresses any impacts that may pertain to the shift in the relocation of seven (7) acres of commercial, the shift of residential land use densities with no additional units and permit oil consolidation projects in the industrial areas . The School District is maintaining that the existing mitigation in Final Environmental Impact Report No . 89-1 is inadequate. Staff maintains that the mitigation is adequate and that the City has complied with all requirements . Staff Report - 10/29/91 -3- (1236d) 4 . 0 RECOMMENDATION: Staff recommends that the Planning Commission take the following actions : A. Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Planning Commission Resolution No. 1450 and forward to the City Council; and B. Approve General Plan Amendment No . 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City Council for adoption. 5 . 0 ALTERNATIVE ACTION: The Planning Commission may modify the Addendum to Final Environmental Impact Report No . 89-1 and General Plan Amendment No . 91-2 as desired. ATTACHMENTS: 1 . School District letter dated October 23 , 1991 2 . Consultant report dated October , 1991 3 . Planning Commission staff report dated october 8, 1991 HS :RLF: kjl Staff Report - 10/29/91 -4- (1236d) COMMUNITY SYSTEMS ASSOCIATES,INC October 23 , 1991 Mr. Mike Adams Community Development Director. CITY OF HUNTINGTON BEACH 2000 Main Street ' Post Office Box 190 Huntington Beach, California 92648 !` SUBJECT: Staff Report Planning Commission Workshop of October 22 , 1991 Dear Mr. Adams: The Huntington Beach City School District ("District") is in receipt of the Staff Report to the Planning Commission dated October 22 , 1991. The Staff Report states: " . . . .Recent discussions with the school district staff indicate that the needs of the school district have changed since Final Environmental Impact Report 89-1 was adopted by the City Council . The school district has determined that the adopted mitigation measures which pertain to impacts to school facilities are inadequate. In order to re-examine the school district' s concerns, the district needs to explicitly demonstrate that the current needs create a significant impact which cannot be mitigated by the adopted mitigation measures. " (emphasis added) On October 16, 1991, after a telephone conversation with Mr. Robert Franklin, the enclosed letter and accompanying information was provided by fax, to demonstrate and validate to the City, the unmitigated impact of the Holly-Seacliff Specific Plan on the District. In addition, we have enclosed a more detailed analysis which represents part of the public hearing testimony which we were prepared to present to the Planning Commission on October 8 , 1991. A more detailed written presentation will be available for the Planning Commission on October 29 , 1991. "public/private project management, feasibility, and Implementation" 1717 SOUTH STATE COLLEGE BOULEVARD •SUITE 100 • ANAHEIM,CALIFORNIA 92806 •TELEPHONE(714)978.8887 ATTACHMENT NO. ► • r CAMYVNITr SYSTEMS ASSOCNSFS.MIG Mr. Mike Adams CITY OF HUNTINGTON BEACH October 23 , 1991 Page 2 The District is quite concerned that the previously faxed materials were not made available in the Staff Report to the Planning Commission. We would request that every effort be made to appraise the Planning Commission of the availability of this material, so that our discussion on October 29, 1991 can be constructive. Thank you for your interest and assistance. Sincerely, C UNITY SY EM ASSOCIATEB, INC. M&l sideni MBK:dl wpl/ltr. 36 cc: Dr. Duane Dishno, Superintendent Huntington Beach City School District Mr. Kirk Kirkland, Chairman City of Huntington Beach Planning Commission ir COMMUNITY SYSTEMS ASSOCIATES.INC77 October 16 , 1991 Mr. Bob Franklin CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 RE: Information Requested October 16 , 1991 Dear Mr. Franklin: Enclosed please find the information you recuested in our telephone conversation of October 16 , 1991 , relative to the impact of the Holly-Seacliff Specific Plan and the relate- impacts of GPA No . 39- 1 . Enclosed also are the two letters whi,^ I indicated had been sent to Mr. Tom Zanic . As I indicated to you, I will be out of town. between October 16 and 23 , 1991 . However, if you need to discuss these materials with me , please contact my secretary and she will advise me accordingly, so that I may return your telephone call . In addition, please feel free to contact Dr. Duane Dishno, Superintendent of the Huntington Beach City School District. Thank you for your consideration of these 7aterials . Sincerely, CJisha NITY SYSTEMS ASSOCIATES, INC. l Krupp Pdent mbk:mmg enclosures wp/dl : 33 cc: Dr. Duane Dishno, Superintendent Huntington Beach City School District "public/private project management, feasibility, and implementation" 1717 SOUTH STATE COLLEGE BOULEVARD • SUITE 100 • ANAHEIM, CALIFORNIA 92806 • TELEPHONE(714)978-8887 I The following impact analysis will substantiate the District ' s contentions relative to impact mitigation revenues and expenditures . 1) Student Generation New development yields are as follows : K-5 . 1779 students/dwelling unit 6 . 0305 students/dwelling unit 7-8 . 0611 students/dwelling unit Total . 2695 students/dwelling unit The District ' s projection of students is as follows : a) Specific Plan - 3 , 930 Units New Dev. Yield (+) K-5 699 6 120 7-8 240 TOTAL 1, 059 b) Developer Proposed - 4 , 255 Units New Dev. Yield (+) K-5 757 6 130 7-8 260 TOTAL 1, 147 c) Total Units Holly-Seacliff/Ellis-Goldenwest - 4 410 Units New Dev. Yield (+) K-5 785 6 135 7-8 269 TOTAL 1 , 189 I 1 2) Improvement Costs (K-5) The accepted standard of projecting total improvement costs is by calculating costs per square foot of net school building area. A 600 student K-5 or K-6 grade school requires a net building square footage of 35, 400 square feet, based upon 59 square feet per student. A 750 student 7-8 grade school requires a net building square footage of 60 , 000 square feet, based upon 80 square feet per student. State construction practices accept a base building cost of $90 . 87 per square foot for K-6 grade schools, and $93 . 61 per square foot for 7-8 grade schools . These costs assume 30% of the building square footage as relocatable classrooms . As an example, the improvement cost of a 10-acre K-5 school of 600 students at $156 . 88 per square foot is $5, 553 , 700 or $9 , 256 (+) per student . As an example, the improvement cost of a 21-acre 7-8 grade school of 750 students at $162 . 30 per square foot is $9, 738 , 000 or $12 , 984 per student. 3) Land Costs The Developer has set forth land costs as follows for several alternative site locations: Cost/Acre a) Northwest corner of Garfield Avenue and Saddleback Lane $720, 000 b) South side of Garfield Avenue $825 000 c) Northeast corner of Garfield Avenue and Gothard Street $730, 000 4) Site Size Requirement The site requirements for the projected students is as follows: a) Specific Plan - 3 , 930 Units New Dev. Yield (+) Required Acreage K-5 699 10. 20 6-8 360 12 . 01 TOTAL 1, 059 22 . 21 2 b) Specific Plan - 4 , 255 Units New Dev. Yield (+) Required Acreage K-5 757 10 . 20 6-8 960 12 . 01. TOTAL 1, 147 22 . 21 c) Specific Plan - 4 , 410 Units New Dev. Yield +) Required Acreage K-5 785 10 . 20 6-8 404 12 . 01 TOTAL 1 , 189 22 . 21 5) Costs Based upon the Specific Plan projection of 3 , 930 dwelling units, the projected improvement cost would be as follows : Units - 3 , 930 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 New Development Yield Improvement Students Cost K-5 699 $ 6 , 471 , 305 6 120 $ 1, 109 , 470 7-8 240 $ 3 , 117 , 757 TOTAL 1, 059 $10 , 698 , 532 Based upon the Developer proposed units of 4 , 255 , the projected impact cost would be as follows : Units - 4 , 255 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 3 New Development Yield Improvement Students Cost K-5 757 $ 7 , 006, 463 6 130 $ 1, 201, 221 7-8 260 $ 3 , 375 , 587 TOTAL 1, 147 $11, 583 , 271 Based upon the total units of 4 , 410 (Holly-Seacliff/Ellis Goldenwest) , the projected improvement cost would be as follows: Units - 4 , 410 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 New Development Yield Improvement Students Cost K-5 785 $ 7 , 261 , 693 6 135 $ 1, 244 , 978 7-8 269 $ 3 , 498 , 552 TOTAL 1, 188 $12 , 005, 223 Estimated land costs would be as follows : Total Land Cost K-5 6-8 Land Cost/Acre 10 . 20 Acres 12 . 01 Acres Total $825, 000 $8 , 415, 000 $9 , 908 , 250 $18 , 323 , 502 $730, 000 $7 , 446, 000 $7 , 446 , 000 $16 , 213 , 330 $720, 000 $7 , 344 , 000 $8 , 647 , 200 $16 , 111 , 200 6) Projected Development Fees a) Units - 3 , 930 Projected Development Fees $7 , 228 , 496 b) Units - 4 , 255 Projected Development Fees $7 , 826 , 273 4 c) Units - 4 , 410 Projected Development Fees $8 , 111 , 366 7) Existing District Enrollment/Capacity The District is and will continue to experience severe District facility capacity utilization and overcrowding. The following list sets forth the various open District schools , grade level, estimated acreage, their capacity, and enrollment as of October 1, 1990 and October 1, 1991 : Enrollment School Acreage 1990 1991 Capacity Dwyer Middle School (6-8) 10.1(+) 816 803 780 1502 Palm Avenue Huntington Beach Sowers Middle School (6-8) 17.3(±) 1,118 1,115 1,110 9300 Indianapolis Huntington Beach Smith School (K-5) 10.3(±) 694 693 690 770 17th Street Huntington Beach Perry School (K-5) 10.6(+) 558 559 540 19231 Harding Lane Huntington Beach Eader School (K-5) 13.0(+) 725 725 720 9291 Banning Avenue Huntington Beach Kettler School (K-5) 12.8(+) 612 698 690 8750 Dorsett Drive Huntington Beach Hawes School (K-5) 10.6(+) 382 395 390 9682 Yellowstone Drive Huntington Beach Moffett School (K-5) 9.2(+) 654 693 690 8800 Burlcrest Avenue Huntington Beach Total 5,559 5,681 5,610 The student differences between enrollment and capacity are housed in special classrooms, laboratories, and other reconfigured school areas . 5 I The following sets forth the closed or alternatively used District schools, estimated acreage, and capacity: School Acreage Capacity LeBard School 10.8(+) 5.�0 20451 Craimer Lane Huntington Beach (Currently District Office) Burke School 7.9(+) 690 9700 Levee Drive Huntington Beach (Leased to Private High School and Child Care Agency) Peterson School 9.6(+) 690 20661 Farnsworth Lane Huntington Beach (Leased to Coast Community College) Clapp School 5.8(±) 2'-0 20581 Farnsworth Lane Huntington Beach (Leased to Orange County Department of Education) Gisler School (Closed) 16.3(+) 11410 21141 Strathmoor Lane Huntington Beach The only schools available to the Specific Plan area which would not require a total re-organization of the enrollment attendance areas, but will still require costs to the District in terms of bussing students, include Dwyer Middle School and Smith Elementary School . Dwyer Middle School consists of 26 regular classrooms , of which 2 are relocatables, with a total capacity of 780 students. Based upon the October, 1991 enrollment, Dwyer Middle School is at a capacity of 1 . 03% . Smith Elementary School consists of 23 regular classrooms, of which 4 are relocatable, with a total capacity of 690 students. Based upon the October, 1991 enrollment , Smith Elementary School is at a capacity of 100% . Based upon the student generation yields described herein for the Specific Plan area, the impact on Dwyer Middle School and Smith Elementary School create an even more overcrowded condition requiring the District to pursue significant enrollment attendance boundary modifications and/or the re- opening of schools in areas which would not be effective in 6 terms of the educational programs and operations of the District. In addition, the District would incur school re- opening and re-configuration costs, bussing costs, loss revenues from existing leases, and the cost to acquire land and construct a new District office. mg/msc2 :hbcsd.mk 7 FII'- � i IIII':'1 ■ Li COD.IMUNITYSYSTEMS ASSOC;ATES, INC October 3 , 1991 Mr. Tom Zanic URBAN WEST COMMUNITIES 520 Broadway, Suite 100 Santa Monica, California 90401 RE: Holly-Seacliff School Impact Mitigation Huntington Beach City School District Proposal Dear Mr. Zanic: At the Huntington Beach City School District Board of Trustees meeting of October 1, 1991 , the Board, after careful discussion and evaluation, rejected the offer made by Pacific Coast Homes and Urban West Communities with regard to the desi,.nation of a school site and the financing of facilities as previcusly dis- cussed with Dr. Dishno, Dr. Burgner, and myself earlier that day. The District remains open to further discussions and nego tiations , and we hope your statement that your of_`e-r is "bottom line" will not jeopardize continued discussions to reconcile our i differences . As such, the following represents the Board of Trustees proposal which remains on the table for your consideration, and which the Board believes is a fair and equitable mitigation plan consider- ing the items you have previously raised: 1) School Site Designation Alternatives - The District wants to keep the option open to acquire the property and site the school either as a ) a joint use school/park consisting of a net six (6) acre school and a net four (4) acre park at the northeast corner of Garfield and Crystal (Gothard Extension) ; or b) a school of nine (9) acres at the north-west corner of Garfield and Saddleback Lane; 2) Site Purchase Price - The District will purchase the property chosen by the District at a fixed non- escalated price, as follows : Garfield/Crystal (Gothard Extension) Site - $730, 000 per acre or $4 , 380 , 000 (6 . 0 acres) ; "public/private project management, feasibility, and implementation" 1717 SOUTH STATE COLLEGE BOULEVARD • SUITE 1C0 • ANAHEIM, CALIFORNIA 92806 • TELEPHC`4c (71.)978-8887 1 Mr. Tom Zanic October 3 , 1991 Page 2 Garfield/Saddleback Lane Site - $720 , 000 per acre or ,56 , 192 , 000 (8 . 6 acres) ; Garfield/Saddleback Lane Site - $720, 000 per acre or $5 , 976 , 000 (8 . 3 acres) ; 3) Transfer of Property - Fee title to the chosen site shall be transferred to the District upon the District ' s decision to acquire the site and upon receiving State approval ; 4 ) Base Development Fee Rate - Development fees on properties within the Holly-Seacliff Specific Plan area and those properties presently held by Pacific Coast Homes/Urban West Communities within the Ellis - Goldenwest Specific Plan area will be collected at a rate of 1 . 20% of the statutory fee in effect at the time of issuance of building permits ; i 5) Additional Development Fees - The District has calcu- lated a deficit of $1 . 5 million against projected costs of $10 . 9 million. The District seeks an additional fee increase or property purchase price reduction, cr com- bination thereof equal to $1 . 5 million . The proposed develop-ient fee would be 1 . 400 of the statutor:• fees , and the property price reduction would be $250 , 000 per acre on the Garfield/Crystal (Gothard Extension) site ; or $1711 , 419 per acre assuming 1 . 6 (±) purchased acres or $180, 723 per acre assuming 8 . 3 purchased acres on the Garfield/Saddleback site ; 6) Expansion of Garfield Saddleback Lane Site - If the District assumes to add additional property to the Garfield/Saddleback site , the District will utilize its authority to acquire the property and will finance the acquisition with District revenues; and 7) Housing of 6-8 Students - The District will not house 6-8 grade students generated by the development in per- manent facilities , but will allocate no more than $900 , 000 of collected development fees to fund relocatables , as appropriate . s ..,r '.VVI.S..SScck.vfs row Mr. Tom Zanic October 3 , 1991 Page 3 i For purposes of understanding the District's proposal , the fol- lowing mathematical calculations represent the present value analysis . Garfield/Crystal Garfield/Saddleback Garfield/Saddleback (Gothard Extension) (8.6 acres) (8.3 acres) (6.0 acres) K•5 Land Cost S 6,192,000 S 5,976,000 S 4,380,000 C:osing Cost 50,000 50,000 50,000 17.�rovement Cost S 5,553,552 S 5,553.552 S 5,553,552 Sub-Total $11,795,552 $11,579,552 S 9,923,552 6.3 Relocatables S 900,OCO S 900,000 S 900,000 Total Cost 512,695,552 512,479,552 $10,°. 3,552 CeveloFment Fees t 1 1.20% (Est.) S 9,391,267 $ 9,391,267 S 9,391,267 II Totat Cost i Less Oevelcprent Fees S 3,3G4,285 S 3,304,285 S 1,492,285 Acditionat Developer Ccntributions S 1,500,000 S 1,500,000 S 1,492,285 Additional District Ccntributions S 1,804,285 S 1,5U,385 S .0- It is the Board's opinion that the District has made several con- cessions in order to negotiate in good faith towards a mutually acceptable agreement. These have included, but are not limited to: 1) Reducing the student generation yield rates from . 2695 (which represents comparable new developments in Hun- tington Beach) to . 2035 , a yield reduction of 25% ; . I , �a7 Lmr. Tom Zanic October 3 , 1991 Page _ 2) Modifying the school acreage requirement for a non- joint use facility from 10. 0 acres to 8 . 6 acres , or a 14 % reduction in land requirements and subsequent costs ; 3) Capping the K-5 grade mitigation requirement to - - - students versus the projected 757 student estirate; 4 ) Modifying the mitigation requirement for 6-8 grade Stu- dent yields frcm the provision of land and permanent I facilities at a cost of $23 , 089 per 6 grade student and � $36 , 150 per 7-3 grade student, to the provision of relocatable facilities at a cost of $3 , 333 per 6-8 grade student; j i 5) Eliminating a :resent value inflation factor on im- provement costs ; and I i 6) agreeing to a Joint use facility thelre!-,y enabling the I developer to gain dual use of the property reducing your financial obligation jointly wit:: the Cizy and the District. Seeking an additional $1 . 5 million contribution has an impact on the Holly-Seacliff Specific Plan area of $2 , 636 per acre . Based j upon the development of new dwelling units for the en:.ire area, the additional financial impact is $353 (-�-) per unit . j I The District does not believe that its requests are unreasonable considering a) the concessions made by the District tc date ; b) the financial magnitude c' the development; and c) the level of � public facilities and in:�rastructure which has been acreed to be provided with other impacted public agencies . The District believes that quality and effective school facilities are just as important as parks , police sub-stations , fire stations , equestrian paths, and basic infrastructure. We hope that we have expressed clearly the Board's position. If you have any questions, please give me a call . The Board cer- tainly would like to finalize an equitable relationship, however, it cannot compromise the future educational demands , place the I District in undue financial risk, or impose an unrealistic finan- cial obligation on the community as a result of the developer' s unwillingness to mitigate fully the impact of the Holly-Seacliff development. �_uuyw •ST lui•fSK•..[S K �� Mr. Tom Zanic October 3 , 1991 Page 5 Thank you for your cooperation and consideration. Sincerely, COMMUNITY S` gTEMS ASSOCIATES, INC. rshal Krupp s President mbk:mmg b:1.18 f cc: Dr. Duane Dishno Huntington Beach City School District j Dr. Gary Burgner Huntington Beach City School District Dr. Joel Kirschenstein The Sage Institute t Mr. William D. Holman Pacific Coast Homes A t i 1 HUNTINGTON BEACH CITE' SCHOOL DISTRICT '-ana . P.u. Cox r i rtun7,n;tpn oaa_n, CnGrcrr,ia 026A? 171A1 554-6623 O BOARD OF TRUSTEES October 15, 1991 A.obert Manr„ E 0. Profidant Brian Gar'and Clerk Mr. Tom Zanic Shirley Grey Urban West Cor:�munities PA.e'nbar 520 Broadway, Suite 100 c:ry Nelfcn, D.D.S. Santa Monira, California 90401 Memnel Karen O' Prlc it RE: Hoilv-5eacli r Mamber Deve'.oper/Districi Continued Negotiation AOM_ IN:STRAT!ON Dear ?�1r. Zan::c: G:.9nd A. C,fnno. �C. D. � S.p�rintonrlant Oil October 8, 1991, the City of Hunt:ngtcn Beach : lan.;:nC C'ornniissicn continued variuu5 iter_ls retadnp' to t::e 'riQ.ly-Seac'.i t Gary A. Surihar, ;:, D, b l ao_ty s��afin:e^.-ant Specific I-'la- , to a special meeting of Octo; er 29� 1991. Al.n Aaan-us:a- J. The Coinn,:---;inn suc-ested strongly that the ]Hurltin--- .'or1 Be cil C:-- i As:faantnS'p,r,ntCG1an• i School Dls'rlct and Urban `Vest COMM Unl ties/Piciflc Co. zt Home- continue to attempt to reach an understanding relative to ti,e sc',o3l issues. As o. this date, the District has not recelved your :zspon e tC% our proposal of October or a.^y furthe, inquiries frcnn you, and we have noi, r�;cived ally indication of your desire to I11.eet agai::. On behalf of the Board of Trustees of the District, axe to again indicate cur Willingness to continue the discus=ion-c, an.0 t0 a'\- every effort to reach an agreement that atta:ns our co-moron Go'!s, With the October 29, 1991 Planning C.ommiss:on meetina )�. o �t -; rounc the Corner, it would apptrdr that every ^ 3 �'� -* � , �� r LE .�. e:rort r.,tAsl �.- ., z to n;_e: the earliest ossible date. We certainly loot: forward to anv further suggestions or iiiternatives which you believe will address the mitigation Novhich will be necessary to address the impacts on the District from the im le.-nr= :a"ion of the Holly-SeacLff Specific Plan and GPA 89-1. .Mr. Tom Zanic October 15, 1991 page two I loot: forward to hi; arinba :rocs you to schedule a meeting date. Sincerely, Duane Dishno, Ed.D. Superintendent cc: Mr. Marshail B. K.rupp Comm- unity Systems Associates, Inc. Mr. Bill Holman Pacific Coast Homes i✓ir. Ki:k Kirkland, Chairman City of Huntington Beach Planni7 Commicssic-n Honorably Peter Green Mayor, City of Hunr'lington Beach IMPACT ANALYSIS DRAFT In order to validate the District's position relative to unmitigated impact resulting from the Specific Plan, the following is offered for the record. The District has received the following items from the Developer as a part of the District/Developer negotiated process, and are incorporated herein by reference: 1) Holly-Seacliff Area School Facilities Impact Analysis and Student Housing Mitigation Plan - July, 1991 ; 2) August 5, 1991 letter from Urban West Communities responding to my letter of July 29 , 1991 ; and 3) August 7 , 1991 memorandum from Urban West Communities. The following presents an evaluation of the materials, and their comparison to District ' s factual information and impact analysis. It is noted that the impact analysis discussion herein refers only to that area within the Specific Plan boundaries, although the overall area of impact applies to both the Holly-Seacliff and Ellis-Goldenwest Specific Plan areas. Please note that where stated amounts are inconsistent for similarly discussed items, this is due to mathematical rounding resulting from the specificity and detail of formulas utilized. All conclusions should be considered plus or minus amounts. 1) Determination of Impact Impact on the District by the development of the Holly- Seacliff Specific Plan can be defined as 1) students generated to be accommodated by the District; and 2) cost to the District to accommodate the students. Impact, and subsequently impact mitigation, is driven by three (3) variables: 1) student generation factors or student yield; 2) required land and subsequent costs; and 3) required new improvements or reconstructed improvements and subsequent costs. 7-1 These are two (2) categories of impact and cost which should be addressed. These include K-5 grade facilities and 6-8 grade facilities. Further, there are two (2) significant variables related to cost. These include 1) improvement construction and furnishing costs; and 2) land acquisition costs. It is important to note that the District' s determination of improvement construction and furnishing costs follow the procedures and formulas as have been established by the State of California Office of Local Assistance and the Department of Education. Throughout previous discussions and negotiations with the Developer, the Developer has not challenged the procedures, formulas, or conclusions reached by the District relative to these improvement construction and furnishing costs. A second important condition to note relates to the land acquisition cost. The feasibility and viability of the impact mitigation measures set forth in EIR No. 89-1 is completely driven by the purchase price of the land. Normally, and as required by Sate law, this would be determined based upon an appraisal process using "comparability" (i. e. , value based upon comparison of similar properties) . However, the Developer has established the purchase price of the property, based upon a value negotiated as a part of the partnership transaction between Pacific Coast Homes (Huntington Beach Company) and Urban West Communities. It appears that this value is not based upon comparable sales, but rather is a projected value assuming the receipt of entitlements and future market conditions. In essence, a substantial profit margin has been added to the land basis in order to establish the relationship between the prior owner of the land who is now a partner in the development, and Urban West Communities. In addition, the land value has been increased by the property' s pro-rata share of infrastructure and public facility improvements required of other public agencies. For a 10-acre site, this equates to $800, 000. It is the District ' s opinion that the proposed purchase price offer of the land has been arbitrarily set at a value higher than comparable parcels, far in excess of the land basis held by the Developer partnership. In so doing, the Developer is receiving an unreasonable profit margin which is resulting in the need for the District and community to provide funding in excess of development fee requirements. 7-2 We note that where the Developer was required to make available rights-of-way, easements, and parcels for the benefit of the development, but required by other public agencies, that these lands were dedicated at not cost versus acquired by the public agency at the Developer ' s value of the property. The District would suggest that it is the Developer' s profit margin above the land basis which is causing in part, the mitigation measures of EIR No. 89-1 to be ineffective towards mitigating the impact of the development. The following impact analysis will substantiate the District ' s contentions relative to impact mitigation revenues and expenditures. 2) Student Generation The District has previously used average District-wide student generation factors or student yields, as follows: K-5 . 1171 students/dwelling unit 6 . 0191 students/dwelling unit 7-8 . 0434 students/dwelling unit Total . 1796 students/dwelling unit However, this is an average District-wide factor which assumes a mature community, and does not reflect actual yield rates of new developments in the community. A survey of various new developments in the community as previously discussed reflects yield factors which range higher than the average District- wide factors. These new development yields are as follows: K-5 . 1779 students/dwelling unit 6 . 0305 students/dwelling unit 7-8 . 0611 students/dwelling unit Total . 2695 students/dwelling unit The Developer has provided the District with a 10-year Phasing Plan (1991-2001) identifying the number of units and average square feet by product type for the total units proposed within General Plan Amendment No. 89-1 (4 , 410 dwelling units) , and not presently existing. There are 155 existing units. The following is a summary of that Plan: 7-3 No. of Units 4 , 255 Total Residential Sq. Ft. 8, 120, 000 Average Sq. Ft./Unit 1, 908 The Holly-Seacliff Specific Plan includes 3 , 930 or 92 . 36 (+) % of the 4 , 255 units. The District ' s projection of students is as follows: a) Specific Plan - 3 , 930 Units Avg. District-Wide Yield (+) New Dev. Yield (+) K-5 460 699 6 75 120 7-8 171 240 TOTAL 706 1, 059 b) Developer Proposed - 4 , 255 Units Avg. District-Wide Yield (+) New Dev. Yield (+) K-5 498 757 6 81 130 • 7-8 185 260 TOTAL 764 1, 147 c) Total Units Holly-Seacliff/Ellis-Goldenwest - 4 , 410 Units Avg. District-Wide Yield (+) New Dev. Yield (+) K-5 516 785 6 84 135 7-8 191 269 TOTAL 791 1, 189 3) Projected Development Fees The Developer' s Mitigation Fees Collection Projection estimates present development fees, as follows for the 4 , 410 proposed units: 7-4 Residential Fees @ $ . 934/sq. ft. $7 , 584 , 082 Commercial Fees @ $. 1586/sq. ft. 214 , 110 Total Fees $7 , 798 , 192 It appears that the Developer' s residential fee per square foot was based upon $1. 53 x 61% or $. 934 . The District ' s share of the present fee is actually $1. 58 x 61%, resulting in a fee per residential square foot of $. 964 , or $7 , 827 , 680. Assuming that the Specific Plan represents 92 . 36% of the 4 , 410 proposed units, the residential fees projected for the Specific Plan area would be $7 , 827 , 680 x 92 . 36% or $7 , 229, 645 (±) . Said another way, assuming an average unit size of 1,908 which has been identified in the Phasing Plan, the Specific Plan 3 , 930 units would equate to 7 , 498 , 440 square feet, or a residential development fee of $7 , 228 , 496 (±) . 4) Land Costs The Developer has set forth land costs as follows for several alternative site locations: Cost Acre a) Northwest corner of Garfield Avenue and Saddleback Lane $720, 000 b) South side of Garfield Avenue $825, 000 c) Northeast corner of Garfield Avenue and Gothard Street $730, 000 There is no information to substantiate the land cost per acre, except that $80, 000 of each is allocated to infrastructure required by Development Agreement No. 90-1 . This $80, 000 per acre is intended to be allocated to parks, police sub-stations, fire stations, equestrian paths, and basic infrastructure, etc. It is the District ' s contention that the District should not be obligated to fund such facilities which have been required of the Developer by other public agencies. Based upon a 35, 400 square foot building area for a K-6 school and 60, 000 square foot building for a 7-8 school , the land cost per building square feet would be as follows for different sized sites: 7-5 a) $720, 000 Purchase Price/Acre Land Closing Total Land Closing Total K-6 K-6 K-6 7-8 7-8 7-8 Site Total Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Acreage Cost Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq.Ft. 10.0 $ 7,200,000 $203.39 $1.41 $204.80 9.5 S 6,840,000 S193.22 S1.41 S194.63 9.0 S 6,480,000 $183.05 S1.41 S184.46 8.5 S 6,120,000 $172.88 S1.41 $174.29 8.0 S 5,760,000 S162.71 $1.41 $164.12 7.5 S 5,400,000 $152.54 $1.41 $153.95 7.0 S 5,040,000 $142.37 S1.41 $143.79 6.5 S 4,680,000 $132.20 $1.41 $133.62 6.0 S 4,320,000 S122.03 S1.41 $123.45 5.5 S 3,960,000 $111.86 $1.41 $113.28 5.0 S 3,600,000 $101.56 $1.41 $103.11 4.5 S 3,240,000 $ 91.53 $1.41 S 92.94 8.6 S 6,192,000 $174,92 $1.41 $176.33 8.3 S 51976,000 S168.81 S1.41 $170.23 21.0 S15,120,000 $252.00 $0.83 $252.83 b) $730, 000 Purchase Price/Acre Land Closing Total Land Closing Total K-6 K-6 K-6 7-8 7-8 7-8 Site Total Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Acreage Cost Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. 10.0 $ 7,300,000 $206.21 $1.41 $207.63 9.5 S 6,935,000 $195.90 $1.41 $197.32 9.0 S 6,570,000 $185.59 $1.41 S187.01 8.5 S 6,205,000 $175.28 $1.41 $176.69 8.0 S 5,840,000 $164.97 $1.41 S166.38 7.5 $ 5,475,000 S154.66 $1.41 $156.07 7.0 S 5,110,000 $144.35 $1.41 $145.76 6.5 S 4,745,000 $134.04 $1.41 $135.45 6.0 S 4,380,000 $123.73 $1.41 $125.14 5.5 S 4,015,000 $113.42 $1.41 $114.83 5.0 $ 3,650,000 $103.11 $1.41 $104.52 4.5 S 3,285,000 S 92.80 $1.41 $ 94.21 8.6 S 6,278,000 S177.34 $1.41 $178.76 8.3 S 6,059,000 S171.16 $1.41 $172.57 21.0 $15,330,000 $255.50 $0.83 $256.33 7-6 c) $825, 000 Purchase Price/Acre Land Closing Total Land Closing Total K-6 K-6 K-6 7-8 7-8 7-8 Site Total Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Cost/Bldg. Acreage Cost Sq. Ft, Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. 10.0 $ 8,250,000 $233.05 $1.41 $234.46 9.5 S 7,837,500 $221.40 $1.41 $222.81 9.0 S 7,425,000 $209.75 $1.41 $211.16 8.5 S 7,012,000 S198.09 $1.41 S199.51 8.0 $ 6,600,000 $186.44 $1.41 $187.85 7.5 $ 6,187,500 $174.79 $1.41 $176.20 7.0 S 5,775,000 $163.14 S1.41 $164.55 6.5 $ 5,362,500 S151.48 $1.41 $152.90 6.0 $ 4,950,000 $139.83 $1.41 $141.24 5.5 $ 4,537,500 $128.18 $1.41 $129.59 5.0 S 4,125,000 $116.53 S1.41 S117.94 4.5 $ 3,712,500 $104.87 $1.41 $106.29 8.6 S 7,095,000 $200.42 $1.41 $201.84 8.3 S 6,847,500 $193.43 $1.41 $194.84 21.0 $17,325,000 $288.75 $0.83 $289.58 These three (3) alternative sites proposed by the Developer would have a total cost as follows: Cost a) Northwest corner of Garfield Avenue and Saddleback Lane (10. 0 acre purchase) $7 , 200, 000 b) South side of Garfield Avenue (5. 5 acre purchase) $4 , 537 , 500 c) Northeast corner of Garfield Avenue and Gothard Street (6 . 0 acre purchase) $4 , 380, 000 A 10-acre K-5 or K-6 grade site would have the following costs per student based upon the stated purchase prices per acre: Cost/Acre Cost/Student $825, 000/acre $13 , 750 $730, 000/acre $12 , 167 $720, 000/acre $12 , 000 A 21-acre 6-8 or 7-8 grade site would have the following cost per student based upon the stated purchase price per acre: Cost/Acre Cost/Student $825, 000/acre $23 , 100 $730, 000/acre $20, 400 $720, 000/acre $20, 160 7-7 5) Improvement Costs (K-5) The accepted standard of projecting total improvement costs is by calculating costs per square foot of net school building area. A 600 student K-5 or K-6 grade school requires a net building square footage of 35, 400 square feet, based upon 59 square feet per student. A 750 student 7-8 grade school requires a net building square footage of 60, 000 square feet, based upon 80 square feet per student. State construction practices accept a base building cost of $90. 87 per square foot for K-6 grade schools, and $93 . 61 per square foot for 7-8 grade schools. These costs assume 30% of the building square footage as relocatable classrooms. The Developer has used a K-5 combination figure of permanent facilities at $92 . 00 (±) per square foot and relocatable facilities at $97 . 23 (+) , or a combined average of $92 . 91 (±) per square foot. This represents a slight increase over the District' s base building costs for a grade K-5 school . The categories of cost have been calculated in Tables 1-1 and 1-2 for both the District' s and the Developer' s cost estimates. As noted, when comparing columns "G" & "P, " the Developer costs appear to under-estimate the other non- building costs. of particular significance is the lack of a cost calculation for furniture, the under-estimation of service site and off-site improvements, and an unrealistic estimate for contingencies. It is noted that some of the off- site improvement costs set forth in the Developer' s estimate may be set forth within the land cost of $80, 000 infrastructure improvements. With these general comments, the comparison of total K-5 improvement and furniture costs are as follows: District Developer Total Cost (excludes land) $5,553,700 $4,107,480 Cost/Sq. Ft. of Building $ 156.88 $ 116.03 As an example, the improvement cost of a K-5 school of 600 students at $156. 88 per square foot is $5, 553 , 700 or $9 , 256 (±) per student. 6) 6-8 Improvement Costs The Developer has proposed a relocatable improvement program to address 6-8 grade demands, at $100, 000 per relocatable. 7-8 • T � For permanent facilities, the District would use a total cost per square foot (excluding land) of $156. 88 for grade 6 and $162 . 30 for grades 7-8. A more detailed explanation is set forth in Table 1-1. As an example, the improvement cost of a 7-8 grade school of 750 students at $162 . 30 per square foot is $9 , 738 , 000 or $12 , 984 per student. 7) Inflation Standards The Developer has used an annual inflation factor of 3 . 0% to project future land and improvement costs. Although the land cost inflation factor is driven by Developer/District negotiations, the use of an improvement cost inflation factor of 3% is unrealistic. A more prudent inflation factor would be 5% (+) , based upon 10-year historical records. For purposes of this analysis, constant numbers or a non-inflated analysis has been used herein. 8) Total Costs and Revenue Surplus/Deficit Based upon the Specific Plan projection of 3 , 930 dwelling units, the projected improvement cost would be as follows: Units - 3 , 930 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 Average District Wide Yield New Development Yield Improvement Improvement Students Cost Students Cost K-5 460 $ 4 , 259, 639 699 $ 6, 4711305 6 75 $ 694 , 738 120 $ 1, 109 , 470 7-8 171 $ 2 , 214 , 577 240 $ 3 , 117 , 757 TOTAL 706 $ 7 , 168 , 999 1, 059 $10, 698 , 532 Based upon the Developer proposed units of 4 , 255, the projected impact cost would be as follows: Units - 4 , 255 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 7-9 Average District-Wide Yield New Development Yield Improvement Improvement Students Cost Students Cost K-5 498 $ 4 , 611, 899 757 $ 7 , 006, 463 6 81 $ 752, 240 130 $ 1, 201, 221 7-8 185 $ 2 , 397, 716 260 $ 3 , 375, 587 TOTAL 764 $ 7, 761, 855 1, 147 $11, 583 , 271 Based upon the total units of 4 , 410 (Holly-Seacliff/Ellis Goldenwest) , the projected improvement cost would be as follows: Units - 4 , 410 Improvement Cost per K-6 Student $ 9 , 256 Improvement Cost per 7-8 Student $12 , 984 Average District Wide Yield New Development Yield Improvement Improvement Students Cost Students Cost K-5 516 $ 4 , 779 , 900 785 $ 7 , 261, 693 6 84 $ 779, 642 135 $ 1, 244 , 978 7-8 191 $ 2 , 485 , 060 269 $ 3 , 498 , 552 TOTAL 792 $ 8 , 044 , 602 1, 188 $12 , 005, 223 The land cost can be similarly compared. Based upon the Specific Plan projection of 3 , 930 dwelling units, the projected land cost would be as follows: Units - 3 , 930 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost a $825,000 a $730,000 @ 5720,000 a 5825,000 a 5730,000 a $720,000 Students Acre Acre Acre Students Acre Acre Acre K-6 1 $ 13,750 S 12,167 S 12,000 1 S 13,750 S 12,167 S 12,000 7-8 1 S 23,100 $ 20,400 S 20,160 1 S 23,100 $ 20,400 $ 20,160 K-5 460 S 6,327,791 S 5,599,290 $ 5,522,436 699 S 9,613,271 S 8,506,522 S 8,389,764 6 75 $ 1,032,116 $ 913,292 S 900,756 120 S 1,648,144 $ 1,458,397 S 1,438,380 7-8 171 S 3,939,982 S 3,479,465 S 3,438,530 240 S 5,546,841 S 4,898,509 $ 4,840,880 TOTAL 706 511,299,890 S 9,992,046 S 9,861,722 1,059 $16,808,256 $14,863,428 $14,699,024 7-10 Based upon the Developer proposed units of 4 , 255, the projected land cost would be as follows: Units - 4 , 255 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost @ $825,000 @ $730,000 51 $720,000 @ $825,000 51 $730,000 @ $720,000 Students Acre Acre Acre Students Acre Acre Acre K-6 1 S 13,750 S 12,167 S 12,000 1 S 13,750 S 12,167 S 12,000 7-8 1 $ 23,100 S 20,400 S 20,160 1 $ 23,100 $ 20,400 $ 20,160 K-5 498 S 6,851,082 $ 6,062,336 S 5,979,126 757 $10,408,262 S 9,209,987 S 9,083,574 6 81 $ 1,117,469 S 988,818 $ 975,246 130 $ 1,784,441 $ 1,579,003 S 1,557,330 7-8 185 $ 4,265.808 S 3,767.207 S 3,722.887 260 $ 6,005,550 $ 5,303,602 S 5,241,207 TOTAL 764 S12,234,359 $10,818,360 $10,677,259 1,147 $18,198,252 $16,092,592 $15,882,111 Based upon the total units of 4 , 410 (Holly-Seacliff/Ellis- Goldenwest) , the projected land cost would be as follows: Units - 4 , 410 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost 51 $825,000 51 $730,000 51 $720,000 a $825,000 a $730,000 @ $720,000 Students Acre Acre Acre Students Acre Acre Acre K-6 1 $ 13,750 S 12,167 $ 12,000 1 S 13,750 S 12,167 S 12,000 7-8 1 $ 23,100 S 20,400 $ 20,160 1 $ 23,100 S 20,400 S 20,160 K-5 516 $ 7,100,651 S 6,283,173 S 6,196,932 785 $10,787,411 S 9,545,486 S 9,414,468 6 84 $ 1,158,176 $ 1,024,839 S 1,010,772 135 $ 1,849,444 $ 1,636,522 $ 1,614,060 7-8 191 $ 4,421,201 $ 3,904.438 $ 3,858,503 269 S 6,224,318 S 5,496,800 S 5,432,132 TOTAL 792 $12,680,029 $11,212,449 $11,066,207 1,188 $18,861,173 $16,678,809 $16,460,660 In addition, all of the land costs would need to be increased by the cost of appraisals and closing cost which equate to approximately $50, 000 per site. The following presents the revenue surplus/ (deficit) based upon 3 , 930, 4 , 255, and 4 , 410 units, respectively: 7-11 5 a) Units - 3 ,930 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost is $825,000 is $730,000 a 5720,000 @ $825,000 a 5730,000 a $720,000 Acre Acre Acre Acre Acre Acre K-5 S 6,327,791 S 5,599,290 S 5,522,436 S 9,613,271 S 8,506,522 S 8,389,764 6 S 1,032,116 S 913,292 S 900,756 S 1,648,144 S 1,458,397 S 1,438,380 7 S 3,939,982 S 3,479,465 $ 3,438,530 S 5,546,841 S 4,898,509 $ 4,840,880 SUB-TOTAL LAND $11,299,890 S 9,992,046 $ 9,861,722 $16,808,256 $14,863,428 $14,669,024 K-5 S 4,259,639 S 4,259,046 S 4,259,639 S 6,471,305 S 6,471,305 S 6,471,305 6 S 694,783 S 694,783 S 694,783 $ 1,109,470 S 1,109,470 $ 1,109,470 7 S 2,214.577 $ 2,214.577 S 2,214.577 S 3,117,757 S 3,117,757 S 3,117.757 SUB-TOTAL IMPROVEMENTS S 7,168,999 S 7,168,999 S 7,168,999 $10,698,532 $10,698,532 $10,698,532 TOTAL 518,468,889 $17,161,045 $17,030,721 527,506,799 $25,561,960 $25,367,556 PROJECTED DEVELOPMENT FEES 5.0964 S 7,228,496 $ 7,228.496 S 7,228,496 $ 7,228,496 $ 7,228,496 $ 7,228.496 REVENUE SURPLUS/(DEFICIT) ($11,240,393) (S 9,932,549) ($ 9,802,225) ($20,278,292) ($18,333,464) ($18,139,060) b) Units - 4 , 255 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost 51 $825,000 a $730,000 @ $720,000 @ $825,000 a $730,000 51 $720,000 Acre Acre Acre Acre Acre Acre K-5 S 6,851,082 $ 6,062,336 S 5,979,126 $10,408,262 $ 9,209,987 S 9,083,574 6 $ 1117,469 S 988,818 S 975,246 S 1,784,441 S 1,579,003 S 1,557,330 7 $ 4:265,808 S 3,767.207 $ 3,722.887 S 6,005.550 S 5,303,602 S 5,241.207 SUB-TOTAL LAND $12,234,359 $10,818,360 $10,677,259 $18,198,252 516,092,592 $15,882,111 K-5 S 4,611,899 $ 4,611,899 $ 4,611,899 $ 7,006,463 $ 7,006,463 S 7,006,463 6 S 752,240 S 752,240 S 752,240 S 1,201,221 $ 1,201,221 S 1,201,221 7 S 2,397,716 $ 2,297,716 S 2,397,716 S 3,375,587 S 3,375,587 $ 3,375,587 SUS-TOTAL IMPROVEMENTS S 7,761,855 S 7,761,855 $ 7,761,855 $11,583,271 $11,583,271 $11,583,271 TOTAL $19,996,214 518,580,216 $18,439,114 $29,781,523 $27,675,863 $27,465,382 PROJECTED DEVELOPMENT FEES 5.0964 S 7,826,273 S 7,826,273 S 7,826,273 $ 7,826,273 $ 7,826,273 S 7,826,273 REVENUE SURPLUS/(DEFICIT) ($12,169,942) (510,753,943) ($10,612,841) ($21,955,250) ($19,849,590) ($19,639,109) 7-12 c) Units - 4 , 410 Average District Wide Yield New Development Yield Land Cost Land Cost Land Cost Land Cost Land Cost Land Cost a $825,000 @ $730,O0O 51 $720,000 a $825,000 a $73O,000 a 5720,OOO Acre Acre Acre Acre Acre Acre K-5 S 7,100,651 $ 6,283,173 S 6,196,932 $10,787,411 S 9,545,486 S 9,414,468 6 S 1,158,176 $ 1,024,839 S 1,010,772 S 1,849,444 S 1,636,522 S 1,614,060 7-8 S 4,421,201 $ 3,904.438 S 3,858,503 S 6,224,318 S 5,496,800 $ 5,432,132 SUB-TOTAL LAND $12,680,029 $11,212,449 $11,066,207 $18,861,173 $16,678,8O9 $16,460,66O K-5 S 4,779,900 S 4,779,900 S 4,779,900 S 7,261,693 S 7,261,693 $ 7,261,693 6 S 779,642 $ 779,642 $ 779,642 S 1,244,978 S 1,244,978 S 1,244,978 7-8 S 2,485,060 S 2,485,060 S 2,485,060 S 3,498,552 S 3,498,552 S 3,498,552 SUB-TOTAL IMPROVEMENTS S 8,044,602 $ 8,044,602 S 8,044,602 $12,005,223 $12,O05,223 $12,005,223 TOTAL $20,724,631 $19,257,051 $19,110,809 530,866,396 $28,684,032 $28,465,883 PROJECTED DEVELOPMENT FEES 5.0964 S 8,111,366 $ 8,111.366 $ 8,111.366 S 8,111,366 S 8,222,366 S 8,111.366 REVENUE SURPLUS/(DEFICIT) ($12,613,265) ($11,145,685) ($10,999,443) (522,755,O30) ($20,572,666) (820,354,517) In all cases, the analysis indicates a substantial deficit resulting in a need for revenues in excess of statutory fees. 9) Use of Development Fees The Developer is proposing that both residential and commercial development fees be applied to the cost of providing classroom facilities caused by the development of the area. It is suggested that only residential fees be applied to the construction of classrooms. The District' s reasoning is as follows. The District will experience costs for the following requirements as a result of development: 1) busses and transportation facilities ; 2) maintenance and operation equipment and facilities; and 3) administration facilities. 7-13 It is suggested that the proposed commercial development fees would be more appropriately applied to these cost areas, so as to ensure that the District is not further impacted. Based on the District' s projections, this represents approximately $233 , 363 (±) over 10 years, or $23, 336 (±) average per year. This is not an unrealistic amount considering the cost of transportation equipment, and the development ' s projected pro- rata share of these costs. 10) Existing District Enrollment/Capacity The District is and will continue to experience severe District facility capacity utilization and overcrowding. The following list sets forth the various open District schools, grade level, estimated acreage, their capacity, and enrollment as of October 1, 1990 and October 1, 1991: Enrollment School Acreage 1990 1991 Capacity Dwyer Middle School (6-8) 10.1(+) 816 803 780 1502 Palm Avenue Huntington Beach Sowers Middle School (6-8) 17.3(+) 1,118 1,115 1,110 9300 Indianapolis Huntington Beach Smith School (K-5) 10.3(+) 694 693 690 770 17th street Huntington Beach I Perry School (K-5) 10.6(+) 558 559 540 19231 Harding Lane Huntington Beach Eader School (K-5) 13.0(+) 725 725 720 9291 Banning Avenue Huntington Beach Kettler School (K-5) 12.8(+) 612 698 690 8750 Dorsett Drive Huntington Beach Hawes School (K-5) 10.6(+) 382 395 390 9682 Yellowstone Drive Huntington Beach Moffett School (K-5) 9.2(+) 654 693 690 8800 Burlcrest Avenue Huntington Beach Total 5,559 5,681 5,610 7-14 The student differences between enrollment and capacity are housed in special classrooms, laboratories, and other reconfigured school areas. The following sets forth the closed or alternatively used District schools, estimated acreage, and capacity: School Acreage Capacity LeBard School 10.8(+) 540 20451 Craimer Lane Huntington Beach (Currently District Office) Burke School 7.9(+) 690 9700 Levee Drive Huntington Beach (Leased to Private High School and Child Care Agency) Peterson School 9.6(+) 690 20661 Farnsworth Lane Huntington Beach (Leased to Coast Community College) Clapp School 5.8(+) 270 20581 Farnsworth Lane Huntington Beach (Leased to Orange County Department of Education) Gisler School (Closed) 16.3(+) 960 21141 Strathmoor Lane Huntington Beach The only schools available to the Specific Plan area which would not require a total re-organization of the enrollment attendance areas, but will still require costs to the District in terms of bussing students, include Dwyer Middle School and Smith Elementary School . Dwyer Middle School consists of 26 regular classrooms, of which 2 are relocatables, with a total capacity of 780 students. Based upon the October, 1991 enrollment, Dwyer Middle School is at a capacity of 1. 03%. Smith Elementary School consists of 23 regular classrooms, of which 4 are relocatable, with a total capacity of 690 students. Based upon the October, 1991 enrollment, Smith Elementary School is at a capacity of 100% . 7-15 Based upon the student generation yields described herein for the Specific Plan area, the impact on Dwyer Middle School and Smith Elementary School create an even more overcrowded condition requiring the District to pursue significant enrollment attendance boundary modifications and/or the re- opening of schools in areas which would not be effective in terms of the educational programs and operations of the District. In addition, the District would incur school re- opening and re-configuration costs, bussing costs, loss revenues from existing leases, and the cost to acquire land and construct a new District office. 7-16 A B 0 E F N r, N 0 P , H J K L 0 ? TABLE 1-1 08-Oct-91 3 01:47:41 PM 1 HLINIINGTCN ?EACH CITY SCHOOL D IS'•'"' S COST EST!M.AT ES PER SQ. FT. OF ?G'.',:.S0 ARE.A 5 OLLY SE%CLIFF / ELL]S-GOLDENWES' : EC' !C PLANS 7 1 1991 DISTRICT (:MIS 1991 DEVELOPER COSIS 9 10 11 K-5 TOTAL 6 7-8 TOTAL 6-8 TOTAL K-8 K-5 K-5 FACTOR 12 PER SO. FT, COSTS PER SQ. Ff. PER SQ, fT. COSTS COSTS COSTS PER SQ, FT. COMPARISOt4S 13 14 15 ACRES 10 10 21 10 16 LAND SQ. F1 435,600 435,600 914,760 435,600 )7 SIUDENIS boo 600 750 600 18 NET SQ. F1, PEP STODENT 59 59 80 55 19 GROSS SO. FT. PER STUDENT 62 62 83 62 20 NET ?J!L0hG SQ FT. 35,400 35,400 60.000 35.400 21 GROSS 8UILD!NS SO. FT. 37,200 37,200 62,2SD 37,200 21 F:C' 23 24 BUILDING COSTS FIXED $90.87 $3,216,798 $90.87 $93.61 $3,288,980 $92.91 25 GENEk4'l- S!IE ;.'; OF BUILDING COSTS $7.27 $257.344 11.27 $7.49 $225,000 $6.36 5.84% 26 GENEkAL S!IE f15,000 PER ACRE $4.?4 $150,000 $4.24 $5.25 $0 f0.U0 27 SERVICE SITE !'.^01 OF BUILDING COSTS 1 13.63 $482.520 $13,63 f14.04 $90,000 12.54 2.741 28 UTILITIES 2.501 OF BUILDING COSTS 12.27 $80,410 $?.27 $2.34 $38,000 f1.01 1.161 29 JFh YP4DVE+EN'S OF a iEnnlr, rnctc $13 b3 $48? 5?0 $13.63 S14.04 1J3,000 f0.93 1.00t 30 31 HARD COST SUB-IOIAL 1131.91 $4,669,601 f131.91 f136.77 $3,674,980 $103.01 32 33 ARCH./ENG. FEES 8 251 OF HARD COSTS 37 50 f:65.386 $7.:0 S7.7? $268,000 $7.57 7.291 34 INSPECTION/TESTS 2.Sol Uf HAND COSTS 32.21 180,420 $2.21 S2.34 f39.5UU f1.17 1.071 35 PLAN CHECK FEES 0.751 OF HARD COSTS $0.68 $24,126 $0.68 $0,70 f25,000 $0.71 0.68% 36 31 SOFT COST SUB-TOTAL $10.45 $369.932 S10.45 S10.77 1332,5U0 19.39 38 39 FURNITURE & EOUIPMENI (FF&E) $7.00 PER SLOG. SO. FT. $7.00 $247,800 $7.00 $7.00 SO $0.00 $0 40 dl HARD/SOFT & FF&E COST SUB-TOTAL 5149.36 f5,281,333 f149.36 3154.54 S4,001,480 f113.21 12 43 M STATE CONTINGENCY I,501 Of SUB-101Al 3 L 24 f19,310 $?.24 52.32 $100,000 $2.82 2.501 44 SIA1E CONTINGENCY 3.',000 PER SCHOOL $U.06 32,Goo $0.06 $0.03 $0 $0.00 $0 45 DISTRICT CONTINGENCY 3.50% OF SUB-IOTAL $5.23 $185,057 $5.?3 15.41 $0 10.00 0.00% 46 47 mn CONTINGENCY SUB-TOTAL $7.52 $266,367 $7.52 $7.76 $100,000 $2.82 48 49 HARD/SOFT, FF&E, & CONTINGENCY COS' ;i;'P-TOTAL S156.88 SS.551,700 $156.68 $162.30 $4,107,480 $116.03 50 51 LAND $S;S,"% PER A!'RF 10 D u 1,15 1.31.05 $8,?50.0110 $1!3.05 S?H8.1S $8,250,000 1233.05 51 APPRAISAL & CLOSING COSTS 35J.'J00 PER 511E $1.41 350,ou0 $1 41 Su s3 $.'0.got, S1 41 53 54 LAND SUS-10TAL $234.46 18,300,000 S234.46 $289.58 $8,300,000 5234.46 55 56 TOTAL IMPROVEMENT/LAND COST PER SO. Fl $391.35 $13.853,700 f391.35 $451.88 $12.407,480 $350.49 57 58 SJPPORI FACILITIES f0.J0 PER H:OG sn !l. $11,ou So 30.00 $0.00 $U 10.00 59 I N I t R I M fAC,ILIIIE5 K-6 Sr: CO PER BLDG. SQ. rI. fU go So $U U0 50.09 Sn Woo 6U A 8 C D E F G H 1 ! K L H 14 0 P 0 TABLE 1-I 2 08-Oct-91 3 HIINTINGTIIN BEACH MY SCHOOL DDISTRICT01:47:41 PM 45 ('(1ST ESTIMATES PER 5). F1. OF BUILDING AREA 5 HOLLY-SEACLIFF j -; -3pL0ENWESi SPECIF'!C PLAYS 1 8 1991 DlSllt!Cl COSTS 1991 DEVELOPER COSTS 9 10 11 K-5 TOTAL 6 7-8 TOTAL 6-8 TOTAL K-8 K-5 K-5 FACTOR I2 PER SO. FT, COSTS PER S(). FT. PER SQ. FT. COSTS COSTS COSTS PER SQ. FT. COMPARISONS 13 14 15 ACRES 10 10 21 10 16 LAND SQ. FT 435,600 435.600 914.760 435,600 17 STUDEN15 boo 600 750 600 Itl NE SQ. F1. PER 5!t'Eti' 59 59 80 59 19 GHOSS SO. FT. PER S%! ENT 62 62 83 NET BUILDING SQ. FT. 35.400 62 10 GROSS BUILDING 50. f' FACTORS 35.a00 60,000 35,400 21 37,200 37,200 62,250 37,200 22 23 24 BUILDING COSTS FIXED $90.87 $3,216,798 $90.87 $93.61 $3,288,980 $92.91 25 GLNERAL SITE 8.00% OF BUILDING COSTS $7.27 $257.344 $7.27 $7.49 $225,000 $6.36 6.84% 26 GENERAL SITE $15,000 PER ACRE $4.24 $150,000 $4.24 15.25 $0 $0.00 27 SERVICE SITE 15.00% OF BUILDING COSTS $13.63 $482,520 $13.63 $14.04 $90.000 $2.54 2.741 28 UTILITIES 2.50% OF BUILDING COSTS $2.27 $80,420 $2.27 $2.34 $38,000 11.07 1.16% 29 OFF SITE IMPROVEMENTS 15.00; OF BUILDING COSTS $13.63 $482.520 $13.63 $14.04 f33,000 $0.93 1,00% 30 31 HARD COST SUB-IOTA', $131.91 $4,669,601 $131.91 $136.77 $3.674,980 $103.81 32 33 ARCH./ENG. FEES 8.25% OF HARD COSTS $7.50 11265,386 $7.50 $7.72 $268,000 17.57 7.29% 34 INSPECTION/TESTS 2.50% OF HARD COSTS $2.21 $80.420 $2.27 $2.34 $39,500 $1.12 1.011 35 PLAN CHECK FEES 0.75, Of HARD COSTS $0.68 $24,126 $0.68 $0.70 $25,000 $0.71 0.68% 36 31 SOFT COST SUB-TOTAL $10.45 $369,932 $10.45 f10.77 $332,500 $9.39 38 39 FURNITURE 6 EOUIPMENT (FF&E) f7.00 PER BLDG. SO. FT. $7.00 $247,800 $7,00 $7.00 $0 $0.00 $0 40 HARD/SOFT 6 FF&E COST SUB-TOTAL $149.36 $5,287,333 $149.36 $154.54 11 fd,001,480 f113.21 42 13 omSPATE CONTINGENCY !.SD't Of SUB-TOTAL f2.24 f19,3I0 f2.2d f2.32 S100,000 f2.82 2.50% 14 STATE CONTINGLNCY f2,000 PER SCHOOL $0.06 $2,000 f0.06 $0.03 $U $0.00 $0 45 DISTRICT CONTINGENCY 3.501 OF S1i8-TOTAL. fS.23 11185,0S7 $5.23 $5.41 $0 f0.00 0.00% 46 47 CONTINGENCY SUB-10'4( f1,51 f2hb,30 f'I.S2 37 10 fI0U,0(lU f2.82 48 18 /9 HARD/SOFT, FF&E, 6 CONTINGENCY COST SUE-TOTAL $156.88 f5,553,'IUO f156.88 1162.30 f4,107,ABU 1116.03 50 51 LAND $825,000 PER ACRE 10.0 ACRES $233.05 $6,250,000 f233.05 $288.75 $8,250,000 $233.05 52 APPRAISAL 6 CLOSIN; CCS1S $50.000 PER SITE f1.41 f50,000 f1.41 f0.83 $S0,000 $1.41 53 54 LAND SUB-TOTAL $234.46 $8,300.000 f23:.46 1289.58 f8,300,000 $231.46 55 56 TOTAL IMPROVEMENT/LAND COST PER SO. Fl. $391.35 $13,853,700 f39I.35 $451.88 112,407,480 $350.49 53 58 r SUPPORT FACIL1q $0.00 PLR ULDG. S(1. FT. $o'ou fU $0.00 $0.00 fU $0.00 59 rurcure PA('!r, 6 fD.CO PEP BtAG. 5p, f1. Moo fU �0.00 $0.00 f0 $0.00 0 60 i A B C D E F G H I J K L M N 0 p V 2 TABLE 1-2 08-Oct-9) 3 01:52:54 PM 4 HUNTINGTON BEACH CITY SCHOOL DISTRICT 5 LISP ESIIMAIES PER Sit. FT. OF BUILUING AREA 6 HOLLY-SEALLIFF / EL LI S-GOLDENWEST SPECIFIC PLANS 7 8 1991 D!STR!CT COSTS 1991 DEVELOPER COSTS 9 10 11 K-5 TOTAL 6 1-8 TOTAL 6-8 TOTAL K-8 K-5 K-5 FACTOR 12 PER S0. FT. COSTS PER SQ. FT. PER SQ. FT. COSTS COSTS COSTS PER SQ, Ff. COMPARISONS 13 14 15 ACRES 10 10 21 10 16 LAND SQ. FT 4 35.600 435,600 914,760 435,600 17 STUDENTS 60, 600 750 600 18 NET SO. FT. PER STUDENT 59 59 80 59 19 GROSS SQ. FT. PER STUDENT 62 62 83 62 20 NET BUILDING SQ, Fl. 35,4CC 36,400 60.0CC 35,400 21 GROSS BUILDING SQ. FT. 37,200 37,200 62,?SC 37,200 22 FACTORS 23 24 BUILDING COSTS FIXED $90.67 13.?15,798 $90.87 ;91.6I $3,288,980 $92.91 25 Gt'.ER.AL SITE 9.00% OF BUILDING CCSIS 17.27 $257.344 17.27 $1.49 $225,000 S6.36 6.84% 26 GENERAL SIIE $15,000 PER ACRE 14.14 $150,000 $4.14 $5.15 ;0 $0.00 27 SERVICE SIIE 15.00% OF BUILDING COSTS $13.63 $482.520 $13.63 $14.04 $90.000 12.54 2.74% 28 UTIL!T!FS 2.50% OF BUILDING COSTS 12.27 ;80,420 $2.27 12.34 $38,000 11.07 1.16% 29 OFF SITE IMPROVEMENTS 15.00% Of BUILDING COSTS $13.53 $482,520 1i3.63 ;14.L4 $33,000 $0.93 1.00E 30 31 HARD COST SUB-107AL ;131.91 14,669,601 ;131.91 1136.77 $3,674,980 ;103.81 32 33 ARCH./ENG. FEES 8,151 OF HARD COSTS ;7.50 $265,386 $7.50 17.7? ;?68,000 $7.57 7,29% 34 INSPECTION/TESIS 2.50% OF HARD COSTS $2.27 ;90,420 $1,27 $2,34 ;39,500 $1.11 1.071 35 PLAN CHECK FEES 0.751 OF HARD COSTS 10.6E 124,126 f0.6B $0.70 $25,000 $0.71 0.68% 36 37 SO-I COST SUD-TOTAL 110.AS $369,932 $10.45 ;10.77 $332,500 f9.39 38 39 FURNITURE 6 EQUIPMFNT (FF&E) $7.00 PER BLDG. SQ. FT. 17.00 $247.000 13.00 17.00 ;0 1n.00 so 40 41 HARD/SOFT 6 FF&E COST SUBTOTAL $149.36 ;5,201,333 $149.36 $154.54 $4,007,480 $113.21 42 43 STALE CONTINGENCY 1.50% OF SUB-TOTAL $2.24 $79,310 $1.24 1?.32 $100,000 $2.92 2.50% 44 STATE CONTINGENCY $2,000 PER SCHOOL $0.06 11,000 10.06 $0.03 10 $0.00 10 45 DISTRICT CONTINGENCY 3.50% OF SUB-TOTAL 15.23 $185,057 1S.13 15.41 ;0 $0.00 0.00% 46 47 CONTINGENCY SUB-TOTAL $1.52 ;166,367 $7.52 $7.76 1100,000 $2.82 A8 49 HARD/SOFT, FF&E, 6 CONTINGENCY COST SUB-TOTAL ;155.80 15,553,?00 $156.88 $162.30 $4,107,480 $116.03 50 51 LAND $710,000 PER ACRE 8.3 ACRES $168.81 $5,976,000 ;2C3.39 $252.00 $5,976,000 $168.81 52 APPRAISAL 6 CLOSING COSTS $50.000 PER SITE $1.41 150,000 11.41 $0.83 $50.000 $1.41 53 54 LAND SUB-TOTAL ;170.23 15,026,000 $204.90 $252.B3 $6,026,000 $170.23 55 S6 TOTAL IMPROVEMENT/LAND COST PER SO. Ff. 13)7.)) 111,579,700 ;361.69 $415.13 ;10,133,480 $286.26 57 S8 SUPPORT FACILITIES $0.00 PER BLDG. SO. ff. 10.00 10 $0.of) $0.00 10 $0.00 59 "."� -, Cl So.00 10 10.Do 10.00 ;0 10.00 60 A B C D E F G H I J K L M N 0 P 0 2 TABLE 1-2 08-Oct-91 3 01:$2:54 PM 4 HUNTINGTON BEACH CITY SCHOOL DISTRICT 5 CUST ESTIMATES PER SQ. FT. OF BUILDING AREA 6 HOLLY-SEACLIFF / ELLIS-GOLDENNESI SPECIFIC PLANS 7 8 1991 DISTRICT COSTS 1991 DEVELOPER COSTS 9 10 11 K-5 TOTAL 6 7-8 TOTAL 6-8 TOTAL K-8 K-5 K-5 FACTOR 12 PER S0. FT. COSI5 PER SO, FT. PER SQ. FT. COSTS COSTS COSTS PER SQ, Ff. COMPARISONS 13 14 IS ACRES IU 10 21 10 16 LAND SU. FI 4 35.600 435,600 914,7bO 435.600 17 ST((OEHfS 600 600 750 600 18 NEf SO. FT. PER STUDENT 59 59 90 59 1.9 GROSS 50. FT. PER STUDENT 62 62 83 62 20 NET BUILDING SQ. -T. 3$,400 39.400 60.000 35,400 21 GROSS BUILDING SC. FT. 37.200 37,200 62,25C 37,200 22 FACTORS 23 24 BUILDING COSTS FIXED $90.87 $3,216,798 $90.87 $93.61 $3,288,980 $92.91 25 W:jER.AL SITE 8.00% OF BUILDING COSTS $7.27 $257.344 $7.27 $7.49 $225,000 $6.36 6.84% 26 GENERAL SITE $15,000 PER ACRE $4.24 $150,000 14.24 $5.25 $0 $0.00 27 SERVICE SITE 15.00% OF BUILDING COSTS $13.63 $482,520 $13.53 114.04 190.000 $2.54 2.74% 28 UTILITIES 2.50% OF BUILDING COSTS $2.27 $80,420 $2.27 12.34 138,000 1).07 1.16% 29 OFF SITE IMPROVEMENTS 15.00% OF BUILDING, COSTS $13.63 $482.520 $13.63 $14.04 $33.000 $0.93 1.00% 30 31 HARD COST SUB-TOTAL $131.91 $4,569,501 $131.91 $136,77 $3,674,980 $103.81 32 33 ARC1f./ENG. FEES 8.25% OT IIARU C0S1S 17 50 $265,386 $7.50 $7.72 1268,DOD $7.57 7.29% 34 INSPECII(WIESIS 2.501 OF HARI) COSTS 12.27 $80.420 I2.27 $2.34 $39.500 $1.12 1.07% 35 PLAN CHECK FEES 0.753 OF HA.RO COSTS $0.68 $24,126 $0.68 10.70 125,000 10.71 0.68L 36 37 SOFT COST SUB-10TAL 1 10,45 $369,932 110.A5 110.77 $332,500 $9.39 38 39 FURNITURE 6 EQUIPMENT (FF6E) $7.00 PER BLDG. SO. FT. $7.00 $247,800 $7.00 $7.00 $0 $0.00 10 40 41 HARD/SOFT d FF&E COST SUB-TOTAL $149.36 $5,267,333 $149.36 1154.54 $4,007,480 $113.21 42 43 STATE CONTINGENCY 1.50% OF SUB-TOTAL 12.24 179,310 $2.24 12.32 $100,000 $2.82 2.50% 44 STATE CONTINGENCY 12,000 PER SCHOOL $0.06 $2.000 $0.06 $0.03 10 $0.00 10 45 DISTRICT CONTINGENCY 3.50% OF SUB-TOTAL I5.23 1185.057 $5.23 $5.41 $0 $0.00 0.00% 46 47 CONTINGENCY SU8-TOTAL $7.52 126b,361 $1.52 $7,76 1100,D00 $2.82 48 49 HARD/SOFT, FF6E, 6 CONTINGENCY COST SUB-TOTAL 1156.80 15,553,700 I156.88 $162.10 $4.107,480 1116.03 50 51 LAND $720,000 PER ACRE 8.3 ACRES $168.91 $5,976,000 $203.19 1252.00 $5.976,000 $168.81 52 APPRAISAL 6 CLOSING COSTS $50,000 PER SITE $1.41 $50.000 $1.41 $0.83 150,000 $1.41 53 54 LAND SLID-TOTAL 1170.23 $6,026,000 $204.90 $252.83 16,026,D00 $170.23 55 56 TOTAL IMPROVEMENT/LAND COST PER SO. FT. 1321.11 $11,579,700 $351.69 $415.13 110,133,480 $286.26 57 58 SUPPORT F4CILI� $0,00 PER III.UG. 5Q. I'. fO.uU In so.no In 00 $0 $0.00 59 '1�'^. �'•` $0.00 f(' �I1.00 10.DU 10 10.00 � e0 � re i F' a >a J% EXECUTIVE SUMMARY HOLLY-SEACLIFF AREA z SCHOOL FACILITIES IMPACT ANALYSIS AND STUDENT HOUSING MITIGATION PLAN } HUNTINGTON BEACH CITY SCHOOL DISTRICT 5 X a i t e Prepared For: r 3 Garfield Partners i Y fi y ##; Prepared By: SAGE INSTITUTE, INC. �' Revised: October, 1991 SII Sage Institute Incorporated 0 29800Agoura Road, Suite #220 Agoura Hills, California 91301 1'&1ic 1'olicv Master Planning Finance Asset Management I. INTRODUCTION Upon review and analysis of existing Huntington Beach City School District ("District"), City of Huntington Beach ("City") and project information, Sage Institute, Inc. ("Consultant") on behalf of the Garfield Partners ('Developer"), representing a portion of the proposed development of the Holly-Seacliff Project ("Project") within the City, has been commissioned to prepare a comprehensive School Facilities Impact Analysis and Student Housing Mitigation Plan ("School Mitigation Plan") as part of an overall public facilities plan and technical testimony for the Project area. The overall area covered by this School Mitigation Plan is the area of the Holly-Scaclitf General Plan Amendment 89-1 ("Plan" or "Plan area"), which consists of they approved Ellis-Goldenwest Specific Plan and the pending I lolly-Seachl'I'Specitic N;m. Therefore, the data presented in this School Mitigation Plan is intended for information and discussion purposes, and is being provided at the present time as additional information as part of the overall entitlement and environmental review processes. This School Mitigation Plan sets forth specific findings regarding students generated by the Project, and addresses specific mitigation measures and the on-line availability of school facilities, grades K-8, for the District as related to providing facilities to serve the Project. Finally, the School Mitigation Plan identifies alternative mitigation and financing options consistent with City-adopted school facilities impact mitigation measures for the Project 1 (805)497-,8.557/(818)991-0646 fax (818)991-0754 School Facilities Analysis & Student Housing Mitigation Plan II. PROJECT OVERVIEW & LANI) USE SUMMARY A. RESIDENTIAL LAND USES - the Project, which includes the Holly-Seacliff Specific Plan, provides for the construction of a total of 4,255 new residential dwelling units; of these, 3,760 units are proposed to be constructed by the Developer. The total square footage of all proposed residential uses is 8,120,000 square feet. A breakdown of the residential densities and housing types for the total number of new units is set forth below. 1. Estate Residential: a. maximum 4 dwelling units per gross acre; single-family detached homes on custom lots or within traditional subdivisions. b. 550 units averaging 3,500+ square meet in size are proposed. 2. Low Density: a. 4 to 7 dwelling units per acre; b. two product types in this category are proposed: 1) 590 units of single-family detached homes witli an average size of 3,000 square feet. 2) 310 units of single-family detached homes with an average size of 2,500 square feet. 3. Medium Density: a. 7 to 15 dwelling units per acre; single-family detached, single - family attached, and multi-family residential homes. b. 1,690 units averaging 1,500 square feet in size are proposed. 4. Medium-High Density: a. 15 to 25 units per acre; multi-family uses such as condominium and/or stacked flats and apartments; b. 1,115 units averaging 1,000 square feet in size are proposed. B. COMMERCIAL LAND USES Approximately 1,350,000 square feet of commercial buildings are proposed, consisting of neighborhood and convenience commercial, professional offices and light industrial uses. 2 School Facilities Analysis & Student Housing Mitigation Plan C. OPEN SPACE/RECREATION/PARKS Approximately 92 acres of open space areas and park uses are designated within the Project. This includes 16 acres of neighborhood park a eas which are designated within the residential neighborhoods and will provide local open space and recreational amenities. D. PUBLIC SCHOOLS School facility impacts of the Project, including the Holly-Seacliff Specific Plan, can be mitigated by the payment of statutory developer fees, the designation of a school site and the utilization of existing surplus school facilities and previously collected fees. E. DESIGNATED SCHOOL SITE The City's General Plan designates a "Potential School Site" at the northwest corner of intersection of Garfield Avenue and Saddleback Lane. Within the designated area the Developer owns 8.3) net acres which are part of approved Tentative Tract Male No. 14009. In accordance with California Government Code Section 66478 and City Ordinance Code Section 9962, the City has required the Developer to reserve the site for a period of six months for potential acquisition by the District. F. ALTERNATIVE SITE In an attempt to be responsive to District's desire for a target 10 acre site and lower the cost of land acquisition to the District, the Developer is open to relocating the school site to a location south of Garfield Avenue owned by the Developer. The alternative site has the additional benefit of incorporating passive and active open space uses and a public school site into a joint-use concept. In addition, the Developer proposed other alternative joint use sites, which were rejected by the District. 3 School Facilities Analysis & Student Housing Mitigation Plan III. FINDINGS A. DEVELOPMENT SUMMARY - PLAN AREA 1. The Ellis Goldenwest Specific Plan, covering a portion of the Plan area was adopted in June 1989. 2. The Holly-Seacliff Specific Plan is currently the subject of public hearings before the City Planning Commission and is anticipated to be adopted by the end of 1991. 3. The Plan Area is anticipated to be built out over a period of appro)dmately ten years, with a target completion date of 2001. The Development Phasing Summary for the Plan Area is set forth in Appendix A attached hereto. 4. Existing fees along with future Developer fees, including existing; District-wide surplus classroom space provide adequate mitigation for future students from the Plan area. B. ASSUMPTIONS 1. Student Yield Rates Students to be generated by the Project, including the Holly-Seacliff Specific Plan, were determined from yield rates provided by the District; these yield rates are set forth in the following table. Table 2 STUDENT YIELD RATES School SFD SFA MFR Type (low & med.density) (med.& high density) (high density) K-5 .1117 .1117 .1117 6-8 .0622 .0622 .0622 2. School Facility Capacities and Enrollment Student capacities at existing school facilities and October, 1991 enrollment figures for the District are set forth in the following Table 3. Table 3 also identifies District surplus school sites and related classroom space. 4 School Facilities Analysis & Student Housing Mitigation Plan Table 3 FACILITIES CAPACITIES AND ENROLLMENTS SCHOOLTYPI1. 00111?RM FAC 001991-1992 OVER <I1NI)fiR> CAPACITIES ENROLLMENTS FNROLLF.0 K-5 • Smith 700+ 700+ 0 Eader 832 724 <108> • Perry 640 565 <75> Kettler 748 703 <45> Hawes '•• 480 ••• 345 <135> Moffet 768 700+ <68> K-5 SUB-TOTALS 6.058 5,627 <431> 6-8 • Dwyer ••• 900 '•• 782 <119> Soaves •.• 990 ••• 1,108 118 6-8 SUB-TOTALS 1,890 1,890 0 TOTAL K-8 6,058 5,627 <431> SURPLUS SITES <SEATS AVAIL> Peterson -5 <600> 100% leased <600+> Clapp(Spec.Ed.) Spec. Fac.for 100%leased N/A handicapped-9 classrooms Burke -5 500+ 50%leased <500+> s 6.8 600+ Vacant <600+> L.eBard K-5 N/A Dist. office N/A Tot.Seats Avail.K-5 <1100+> Tot.Seats Avail.6-8 <600+> GRAND TOTAL K-E <1700+> • Closest proodmity to Project area. •• Note: The above data are updates for the 1991-92 school year and arc in the process of being refined. Capacities are based on a maximum load;-.-standard of 32 per regular classroom. ••• Update pending. 5 School Facilities Analysis & Student Housing Mitigation Plan C. SCI1001_ FACII rry IMPACT' Table 4 below sets forth an analysis of the student generation impact resulting from construction of new residential units within the Project area; which includes the Holly-Seacliff Specific Plan. The Table presents data regarding the estimated total student generation impact of the Project, the number of students that can be housed at existing facilities District-wide, and the net student impact and the resulting number of new school seats needed as a result of the project. The table indicates that there is current capacity to house an estimated 431 students, resulting in a net impact of 310 students. Table 4 HOLLY-SEACLIFF AREA (TOTAL) STUDENT GENERATION IMPACT TOTAL STUDENT YIELD STUDENTS RATES GENERATED UNITS K-5 6-8 K-5 6-8 Total 4,255- 1117 .0622 476 265 741 AVAILABLE STUDENT HOUSING 431 0 431 CAPACITY NET PROJECT IMPACT 45 265 310 *Note: Total units in General Plan Amendment 89-1 (4,410 units) minus existing units (155 units). 6 r a r School Facilities Analysis & Student Housing Mitigation Plan IV. PUBLIC SCHOOL FACILITIES IMPACT AND MITIGATION The District currently has excess capacity to mitigate future student impact. In addition to available student capacity at operating schools, it should also be noted that the District has closed several public school sites, thereby creating an additional inventory of approximately 1,700 unused seats as previously set forth in Table 3. Therefore, students generated from the initial phases of the Project can be accommodated at existing operational facilities or closed school sites. Subsequent increases in student enrollment could be housed at designated renovated closed school sites utilizing appropriate attendance boundary adjustments as needed. The District presently collects school impact fees in the amount of$0.964 per square foot of residential construction and $0.159 per square foot of commercial construction in accordance with AB 2926. Development of the Project will generate approximately $8,042,330 in school impact fees. The District currently has a balance of over $4 million in its impact fee account. Table 5 sets forth the capital outlay and site acquisition cost estimates for the construction of new school facilities to house K-5 and 6-8 students generated by the Project. Land costs have been calculated for both the designated site and the alternative site. The total cost of improvements reflect a 600-student capacity K-5 facility consisting of both permanent and relocatable structures; cost of improvements to house 6-8 students are calculated on relocatable structures added to existing sites. A cost-per-student has been calculated for both the K-5 and 6-8 grade levels, with this being the cost factor used in the school finance plan alternatives in Table 6 described below. Tables 6 sets forth three basic student housing alternatives to be considered for a comprehensive School Mitigation Plan. Alternative A is based on the existence of existing closed school facilities. Although one site is currently used as the District office, the other three are either fully leased, partially leased or vacant (see Table 3). One of those facilities can be rehabilitated or modernized to house the K-8 students generated from the Plan at a cost that is roughly estimated to be $2,000,000. Alternative B is based on the acquisition of a new elementary school site (either the designated site or the alternative site) and construction of a new facility to house students grades K-5 that are unable to be accommodated at existing on-line facilities, and the construction of classroom facilities at existing sites to house students in grades 6-8. 7 1 1 School Facilities Analysis & Student Housing Mitigation Plan Alternative C is based on the acquisition of a new elementary school site (either the designated site or the alternative site) and construction of a new school facility to house grades K-5 total students as generated from the Project area and the construction of classroom facilities at existing sites to house students in grades 6-8. Potential sources of additional funding to construct a 600 student capacity, K-5 school can include income from lease or sale of existing closed school sites, and other developer fees. 8 School Facilities Analysis & Student IIousing Mitigation Plan Table 5 HOLLY SEACLIFF PROJECT CAPITAL OUTLAY/SITE ACQUISITION (Elementary and Middle Schools) ESTIMATED NEW FACILITIY COSTS ELEMENTARY K-5 MIDDLE A. Cost of Land: IDesignated Slte Alternative Site 6-8 Site Area 8.3 acres 10 acres Designated Site: 8.3 acres; cost per acre = $720,000 N/A Alternative Site: Joint Use Portion of 4.5 acres; cost per acre = N/A $0 N/A District Portion of 5.5 acres; cost per acre = N/A $825,000 Base Land Cost $5,976,000 $4,537,500 Appraisal and Closing $50,000 $50,000 N/A TOTAL LAND COSTS 6,026,000 $4,587,500 N/A B. Cost of Improvements Permanent Structures: Student Capacity 600 600 Required Area/Student (s.f.) 59 59 _N/A Total Facility Area (s.f.) 35,400 35,400 Less: Relocatable Classrooms 6,171 6,171 N;'A Permanent Facility Area (s.f.) 29,229 29,229 Applied Construction Cost $120 $120 N/A TOTAL PERMANENT COSTS $3,507,480 $3,507,480 N/A C. Cost of Improvements Relocatable Structures: Total Student Capacity 600 600 265 Pupils Per Classroom 30 30 30 Total Classrooms 20 20 N/A % Relocatable Classrooms 30% 30% Required Relocatables 6 6 g Cost Per Relocatable $100,000 1 $100,000 $100,000 TOTAL RELOCATABLE COSTS $600,000 $600,000 $900,000 D. TOTAL LAND COSTS $6,026,000 $4,587,500 N/A E. TOTAL IMPROVEMENT COSTS $4,107,480 $4,107,480 F. TOTAL SCHOOL COSTS (Land & Improvements) $10,133,480 $8,694,980 $900,000 Cost Per Student $16,889 1 $14,492 $3.396 SOURCE: SAGE INSTITUTE, INC. Note: Construction cost estimates are calculated at the high end and can be modified with architectural and design adjustments. 9 School Facilities Analysis & Student Housing Mitigation Plan ..Table 6 HOLLY SEACLIFF PROJECT (TOTAL) SCHOOL FINANCE PLAN ALTERNATIVES COST TO MITIGATE FEES PER GRADE NEW RESD. STATE #student SITE CONST. REHAB. TOTAL FEES SQ. FT. ** MATCH A. Rehab. Existing K-8 Facilities by Use of (741) 0 $0 $2,000,000 $2,000,000 $0.22 $0 Fees B. Build New Facilities K-5 (des.) $760,005 for Students 45 alt. $652,140 $0 (des.) S1,660,005 (des.) $0.18 Requiring Housing * 6-8 $0 265 0 $900,000 $0 (alt. t,552,14U (all. $0.1 ti K-5 (des.) $8,039,164 C. Build New Facilities 476 alt. $6,898,192 $0 (des.) S3.939,164 (des.) $1.07 for all Students* 6-8 $0 (265) 0 $900,000 $0 alt. $7,798,192 (alt.) $0.93 SOURCE: SAGE INSTITUTE, INC. NOTES ' Potential sources of additional funding to construct a 600 student capacity, K-5 school can include income from lease or sale of existing surplus sites, and other deceloper fees. ** Fees per residential square foot exclude collection of$215,000 in fees from commercial development. LEGEND (des.) Designated Site (alt.) Alternative Site 10 School Facilities Analysis & Student Housing Mitigation Plan IV. CONCLUSION The foregoing report addresses impacts upon public school facilities and related findings for the Holly-Seacliff Specific Plan in particular and the planning area in general, and sets forth specific mitigation alternatives consistent with the: City's adopted mitigation measures per final Environmental Impact Report 89-1. The Project impacts are clearly mitigated per the following: A. the collection of approximately $8,000,000 (eight million dollars) in Project area impact fees calculated at $0.964 per square foot of residential construction and $0.159 per square foot of commercial construction; B. the designation of, including the option to lease/purchase, an elementary school site; C. the willingness to consider a joint use school/park site; D. the existence of over $4,000,000 (four million dollars) in the District's existing developer fee account; and, • E. the availability of significant District surplus property of 36.3 acres valued at over $26,000,000 (twenty-six million dollars). Per the foregoing, the impacts of the Holly-Seacliff Specific Plan are fully mitigated per CEQA and State law. 11 Exhil.ic A DEVELOPMENT PHASING - Holly Seacliff Area (Total) PLANNING PRODUCT AVERAGE TOTAL EXISTING PHASE 1 PHASE II PHASE III NEW AREA j TYPES SQ.FT UNITS UNITS 1990 1991 1992 1993 199-1 1995 1 1996 1997 1998 1 1999 1 2000 1 2001 UNITS IEsta'e 3 50C 17 - 1 21C w, ^C1 :, 2C -3ti1 ?' 170 Law 1 3, 'T.;4� 1 - A Law 2 2,50C "r31r"c �a: Medium c Med-High 1,00c S:i%xfw- -- - - - ---- ---- Estate 3,50C 47C 90 100 100 30 20_ 20 20 30 20 20 20 _ Low 1 3, 'VIW B Low 2 2.5001 tvm4*-- --- -- -- Medium 1, 4:wlst t --- - - - ----- -- --- - Med-H�h 1, >%lv6w - - - --- ------ --- -- Estate 3, _ Lew 1 3, _ __ - -- ---- -- C Low 2 2 31 -50 --- -75 _ 75- - 60 - - - --- - - --- ------31 Medium 1 - 50- --75 100 125 125 125 100 60 45 Med-H h 1,= 42C 50 75 75 75 100 45 - Estate 3, 4D6 I _ ____ Law 1 3 59C 20 so-- 65 - 651 65 55 70 70 70 60 59 D Law 2 2, " ,3�i"�r _ _ Medium 1 20 ---60 -75 _-- 75 ` 75 75 ---- 70- 70 60 60 Med-H h 1, - 50 - 50 - -50 50 20- --- ---- —- - -2 / Estate 3.m MONI[ Low 1 3, .'?�I+�III;�kF - ----- - ---- - --- -- ---- - ----- -- - - -- -- - - 0 E Law 2 2, - - - - - —- - --- Medium 1, 31 85 25 ---30 - 30 _— 30 -`;C _ 40- 3C 3C-- --- -_:::::::30 45 Med H h 1, 47 75 45 45 45 45 55 55 55 55_ 47 TOTAL RESIDENTIAL UNITS 4,41 1 1551 C1 0 240 53C 575 565 s55 52CI 46C 335 2801 1951 425 STUDENT GENERATION PROJECTIONS TOTAL EXISTING PHASE 1 PHASE II PHASE III NEW FOR NEW UNITS UNITS UNITS 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 UNITS TOTAL RESIDENTIAL UNITS 4,410 155 0 0 240 530 575 565 555 520 460 335 280 195 4,25 YIELD RATE K-5 at-on, "4,;q ; ,' , ; + •;;x:ii.,�" i,,,y.yr .x .: a'; ._ ;t. }• •,+4� r,:` STUDENTS Annual N/A 0 0 27 59 64 63 62 58 51 37 + 31 22 47 GENERATED C O Cumulative N/A �}0 0 27 r86 150 213 275 333 385 422 454 475 47 YIELD RATE Mim, '�'74 ,t 1q°9'"'�Jy 'YFr" ,k ;';.��'0 w 'I'.ti f�;1 a. ''�in "ti ', 54„ •N; 4_� - STUDENTS lAnnual N/A 0 0 15 33 36 35 35 _32 29 F 21 17 122655 GENERATED Cumulative N/A 0 0 15 48 84 119 — 153 188 214 235 253 265 26 TOTAL ��`, M 3 rO+.1•:kA 1@L`e" 1 V °° :A ,i.n .w i� :,ax+', •i.• :i', i 'v': n?S STUDENTS lAnnual _ NJA o 90 80 58 0 42 92 100 98 97 49 34 7•*_ 40 GENERATED cum;I35V9 I, NIA C 0 42 134 234 332 429 519 599 65- 706 740 7 SOURCE-: SAGE INSTITUTE,INC. Date: 07/0*91 studgen xis srAf f huntington beach department of community development • EPOR TO: Planning Commission FROM: Community Development DATE: October 8, 1991 SUBJECT: ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 AND GENERAL PLAN AMENDMENT NO. 91-2 (CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING) APPLICANT: Pacific Coast Homes 2120 Main Street, Suite 260 Huntington Beach, CA 92648 1 . 0 SUGGESTED ACTION: Motion to: A. "Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Planning Commission Resolution No. 1450 and forward to the City Council; and" B. "Approve General Plan Amendment No. 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City council for adoption. " 2 . 0 GENERAL INFORMATION: Pacific Coast Homes has submitted General Plan Amendment No. 91-2 in order to shift seven (7) acres of commercial from the southeast intersection of Garfield Avenue and Edwards Street to the southwest intersection of Garfield Avenue and Goldenwest Street . Also, the applicant is requesting to shift residential densities near the intersection of Garfield Avenue and Main Street which will result in no additional units . The third request is to permit oil production/oil consolidation in the two (2) industrial land use areas . The requested amendments to the Holly-Seacliff Master Plan require the processing of a general plan amendment to the City' s Land Use Element. In order to process the amendment, staff has prepared an addendum to the original environmental impact report . Section 15164 of the California Environmental Quality Act states "The lead agency shall prepare an addendum to an environmental impact report if only minor technical changes or alterations are necessary to make the environmental impact report under consideration adequate under the California Environmental Quality Act and no new significant effects on the environment are raised. " A-F M-23C At the September 17, 1991 Planning Commission meeting several concerns regarding the Addendum were identified. The following is a discussion of each concern and a response from staff : Implementation of mitigation measures from Final Environmental Impact Report No. 89-1: Staff has prepared a comprehensive response to how the Specific Plan implements all pertinent mitigation measures from Final Environmental Impact Report No. 89-1 (see Attachment No. 1) . The Specific Plan contains language and exhibits which require future development to conform to the adopted mitigation measures . Access and circulation on Gothard Street between Ernest Street and Garfield Avenue: The Specific Plan street exhibits depict a raised median for Gothard Street between Ellis Avenue and Main Street. The Holly-Seacliff Masterplan and the discussion in Final Environmental Impact Report No. 89-1 do not require a raised median in Gothard Street . Although the Masterplan and environmental impact report do not prohibit a raised median it seems that industrial property owners located on the west side of realigned Gothard Street have a problem with a raised median in front of their property. Staff has analyzed the median issue and had determined that now is the time to construct the raised median in order to control traffic along Gothard Street . Once the Specific Plan is adopted, staff anticipates new construction of residential units on the east side of Gothard Street . The amount of traffic generated by the new residential units warrants a raised median to prevent conflicts with thru traffic and left turn movements . Response to the Huntington Beach City School District Letter dated August 16 . 1991 : The City of Huntington Beach General Plan designates a site within the Holly-Seacliff Master Plan area north of Garfield Avenue for a new elementary school to serve students generated by the residential development . The potential school site is located in the Ellis-Goldenwest Specific Plan area which is outside the Holly-Seacliff Specific Plan area. The General Plan Amendment covered by this environmental impact report addendum retains the same intensity of development and total number of dwelling units in each Planning Area as analysied in Environmental Impact Report No . 89-1, Section 4 . 16, Public Services and Utilities . Staff Report - 10/8/91 -2- (0977d) Currently Pacific Coast Homes , the major landowner within the area, and the Huntington Beach City School District are negotiating an impact mitigation agreement to provide adequate school facilities and implement the mitigation program contained in certified Environmental Impact Report No. 89-1. Staff recommends that additional language be incorporated into the Holly-Seacliff Specific Plan which will allow a potential school site based on the needs of the school district . The language should also indicate that any relocation of the potential school site will require an amendment to the City' s General Plan. Summary: Staff has responded to the major discussion items relating to the Addendum and General Plan Amendment No. 91-2 . Staff has demonstrated that all applicable mitigation measures pertaining to the Specific Plan have been implimented. Staff feels that the construction of the raised median between Ernest Street and Garfield Avenue will best provide traffic control for future residential j traffic. The school district ' s concerns will be addressed by adding language to the Specific Plan, which permits a potential school site subject to an amendment to the City' s General Plan. 3 . 0 RECOMMENDATION: Staff recommends that the Planning Commission take the following actions : A. Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Planning Commission Resolution No . 1450 and forward to the City Council; and B. Approve General Plan Amendment No. 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City Council for adoption. 4 . 0 ALTERNATIVE ACTION: The Planning Commission may modify the Addendum to Final Environmental Impact Report No. 89-1 and General Plan Amendment No. 91-2 as desired. ATTACHMENTS: 1 . Response to Specific Plan Implementation of Mitigation Measures 2. Planning Commission staff report dated September 17, 1991 HS:RLF: kjl Staff Report - 10/8/91 -3- (0977d) ATTACHMENT 1 t The Mitigation Monitoring and Reporting Checklist identifies nineteen mitigation measures from Final EIR 89-1 to be addressed as part of any specific plan prepared for the Holly Seacliff area. The following table identifies each mitigation measure and where it is addressed in the Holly Seacliff Specific Plan. 1. Iand Use-5 In order to retain the existing Swale character, future Specific Plans should incorporate policies which specify the grade of slope, permitted amount of cut and fill, improvements for storm drainage and include a schematic design for recreational and open space treatment within drainage swales. Grading policies are contained in Section II.E, Grading Guidelines, on page II-6. A swale area overlay is identified on Exhibit 14 and additional guidelines are contained on page III-3. A schematic design for recreational open space treatment within the drainage swale is presented on Exhibit 15. 2. Aesthetics-1 Specific Plans should incorporate policies which specify maximum grade of slope, permitted amount of cut and fill, improvements for storm drainage and a schematic design for recreational and open space treatment within the ravines. Grading policies are contained in Section II.E, Grading Guidelines, on page II-6. A swale area overlay is identified on Exhibit 14 and additional guidelines are contained on page III-3. A schematic design for recreational open space treatment within the drainage swale is presented on Exhibit 15. 3. Aesthetics-2 The topography of the natural ravines and their associated drainage courses should be preserved in accordance with standards adopted with approval of future Specific Plans. Grading policies are contained in Section II.E, Grading Guidelines, on page II-6. A swale area overlay is identified on Exhibit 14 and additional guidelines are contained on page III-3. A schematic design for recreational open space treatment within the drainage swale is presented on Exhibit 15. 4. Aesthetics-7 As future development occurs, the designated railroad transportation corridor should be preserved for future use as trails or transit. The transportation corridor is addressed in Section II.C, Circulation Plan, page II-5, and identified on Exhibit 8, the Open Space, Parks, and Trails Plan. Preservation of the corridor is addressed in Section III.D.41.3 on page III-17 and Section 1I1.13.51.3 on page I1I-20. A typical cross section indicating the overall width of and landscape and trail treatment within the corridor may be found on Exhibit 17. -1- S. Hydrology-1 Prior to approval of future Specific Plans or grading permits, a detailed area-wide flood control/hydrology/hydraulic study should be prepared by a licensed civil engineer as required by the City and completed by the applicant (per the current County of Orange Hydrology Requirements) to further quantify and detail the combined drainage impacts of development within the watershed area. These detailed studies may be used to adjust the suggested conduit sizes proposed for the EIR and shown on Exhibit 14. A separate detailed study should be completed for each tributary area. These studies shall be completed prior to the approval of future Specific Plans or at the time of grading permit. The required stud has been completed and is included in the Holly Seacliff Specific Plan q Y P Y Pe Technical Appendix, Section VII. The general locations of all major drainage improvements are illustrated in the Specific Plan on Exhibit 9a. 6. Population'and Housing-1 The applicant should strive to develop a variety of housing types and sizes at a range of prices in order to comply with the General Plan Housing Element policies for affordable housing as well as the needs identified in the RHNA. The Specific Plan includes five different residential districts and a mixed development district which contain development standards to permit the construction of a variety of housing types and sizes. The City's Housing Element policies regarding affordability are incorporated by reference in Section III.C.12 and a specific policy is included on page III-7. In conformance with these policies, the City will utilize incentives where feasible to encourage the production of affordable housing. 7. Transportation-3 Prior to the first Specific Plan or Tract Map approval, a fair share funding program for the construction of the cross-gap connector from Edwards to Bolsa Chica as a modified secondary arterial and the Seapointe Avenue extension from Garfield to Coast Highway should be determined. In the determination of this fair share funding program, a credit should be given for the segment of the cross-gap connector and Seapointe Avenue constructed with the project boundary. The Specific Plan requires all developers within the Specific Plan area to either construct or fund required public facilities improvements on a fair share basis, as determined by the Public Works Department. This requirement is contained in Section 1V.B, Public Facilities Improvement Responsibilities, on page IV-1, as well as in the Technical Appendix. The City's Traffic Impact Fee Ordinance provides a mechanism for developer funding of off-site traffic and circulation improvements. Specific public improvement requirements and fee obligations for Pacific Coast Homes are addressed in Development Agreement No. 90-1. In accordance with Development Agreement No. 90-1, Pacific Coast Homes shall be responsible for the construction of the crossgap connector(Garfield Avenue)from Edwards Street to Seapoint -2- 4 Street, and Seapoint Street from Garfield to Palm Avenue, and shall also pay double traffic impact fees. The extension of Seapoint Street from Palm Avenue to Pacific Coast Highway will be constructed as a condition of approval of the Surfcrest residential project located at the corner of Palm and Seapoint. 8. Transportation-8 Prior to any Specific Plan or Tract Map approval, the Orange County Transit District shall be consulted for the need to construct bus stops, turnouts and shelters. OCTD was consulted during preparation of EIR 89-1 and GPA 89-1. All existing OCTD bus stops within the Specific Plan area are identified on Exhibit 10, the Community Theme Plan, and addressed in Section II.C, Circulation Plan, on page II-5. Additional requirements regarding the location and design of bus stops and shelters are contained in Section II.G.3.c and d on page II- 16, Section II.G.4:h on page II-17, and Section III.C.7 on page III-4. 9. Transportation-9 The current Southern Pacific Railroad (SPRR) easement shall be preserved as a transportation corridor for future use for mass transit and trails. The transportation corridor is addressed in Section II.C, Circulation Plan, page II-5, and identified on Exhibit 8, the Open Space, Parks, and Trails Plan. Preservation of the corridor is 0 addressed in Section III.D.41.3 on page III-17 and Section III.D.51.3 on page III-20. A typical cross section indicating the overall width of and landscape and trail treatment within the corridor may be found on Exhibit 17. 10. Noise-6 The results show that in order for the drilling operations to satisfy the Huntington Beach Noise Ordinance outdoor standards, electric motors with acoustic blankets must be used. Diesel motors even when shielded by acoustic blankets will not meet the nighttime Noise Ordinance standards at the on-site and off-site residences, and will not meet the daytime Noise Ordinance standards at the on-site residences. If there are plans to conduct the drilling operations during the nighttime hours, •then according to the Oil Code, the operations must be soundproofed. Acoustic blankets as well as a 8.0 foot high masonry wall along the site perimeter will likely reduce the noise levels to below the Noise Ordinance standards. Section III.C.Le of the Specific Plan requires all oil operations to comply with applicable City regulations and mitigation measures contained in Final EIR 89-1. This mitigation measure is listed on page VI-2. -3- 11. Light and Glare-1 A phased landscaping program should be developed in conjunction with all future Specific Plans to ensure landscaping commensurate with residential and non-residential occupancy to adequately screen on-site light and glare impacts. General landscaping requirements are detailed in Section II.G, Community Theme Guidelines, on page U-12, and in Section III.C.4 on page III-4. Additional landscaping requirements are included as part of the development standards for each district (see pages III-10, 12, 15, 17, 19, 24, 25, 26 and 27). Arterial parkway and median landscaping will be installed concurrently with phased street improvements in accordance with Development Agreement 90-1. 12. Light and Glare-2 All outdoor lighting should be consistent with the standards established by future Specific Plans to minimize off-site light intrusion. The Specific Plan addresses outdoor lighting standards in Section III.C.6 on page III-4 and Section III.D.6.e.6 on page III-23. 13. Light and Glare-4 Appropriate types and heights of street lights should be consistently established in future Specific Plans. Street lighting should be standardized throughout the project area. Street lighting standards are contained in Section II.G.3 on page II-16. 14. Biological Resources-1 The setting aside of 92 acres of parks and other open space will partially mitigate the loss of the existing open space and provide some wildlife habitat. The Specific plan designates 44 acres of open space, consisting of 32 acres of land within the proposed Bolsa Chica Linear Park and three neighborhood parks totalling 12 acres. A schedule for dedication of linear park land and development of neighborhood parks is contained within Development Agreement No. 90-1 (referenced in Section II.D on page II-6 and Section II.F.Lf on page II-10). The balance of the 92 acres of open space designated in the General Plan and referenced in the above mitigation measure are located outside the Specific Plan area. 15. Biological Resources-2 The Specific Plan should address revegetation on all graded areas where structures or other improvements are not built. In public open space areas, consideration should be given to the use of native or naturalized species which require little irrigation and provide wildlife habitat, with a gradual transition to more ornamental species along the development edge. -4- This mitigation measure is addressed in Section II.E, Grading Guidelines, on page II-6 and II-7, and in Section II.G.1 on page II-12. 16. Biological Resources-3 Following construction of necessary infrastructure in the main drainage swale, i.e. utility lines, sewers, etc., this Swale should remain as open space. Mitigation for the loss of cattail marsh habitat (0.5 acres) and willow habitat (0.5 acres) which are depicted on Exhibit 28, will take place such that a minimum of 1.0 acre of riparian vegetation is established In this drainage swale. The plants utilized in the revegetated area will be chosen from the recommended plant palette indicated in Appendix H. Grading policies are contained in Section ME, Grading Guidelines, on page II-6. A swale area overlay is identified on Exhibit 14 and additional guidelines are contained on page III-3. A schematic design for recreational open space treatment within the drainage swale is presented on Exhibit 15. This mitigation measure is also included on page VI-9. 17. Oil Facilities-1 Future Specific Plan(s) should include an area or areas for the consolidation of oil well facilities. The Specific Plan designates Industrial Planning Units II-8 and IV-5 as areas in which consolidation projects may be permitted (see Section III.C.e on page III-2 and Section III.D.8.b 0 on page III-27). 18. Public Services and Utilities-5 The City should enter into an agreement with major landowners to dedicate designated parklands prior to or concurrent with development in each Planning Area. The City and Pacific Coast Homes entered into Development Agreement No. 90-1 in October, 1990, which includes a schedule of parkland dedication. A total of 41 acres of land within the Bolsa Chica Linear Park, 32 acres of which are within the Specific Plan area, will be dedicated to the City by December, 1995. Neighborhood parks will be dedicated upon recordation of final subdivision maps. 19. Sewer Facilities-1 Detailed sewer studies should be prepared by a licensed civil engineer as required by the City so as to precisely calculate the required sewer main sizes. These calculations may be used to adjust the suggested pipe sizes proposed for the E.I.R. and should be completed for each tributary area prior to the approval of Specific Plans. The required studies have been completed and are included in the Holly Seacliff Specific Plan Technical Appendix, Section IV. The general locations of all major sewer improvements are illustrated on Exhibit 9a. -5- huntington beach department of community development GAFF REPORT TO: Planning Commission FROM: Community Development DATE: September 17, 1991 SUBJECT: ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 89-1 AND GENERAL PLAN AMENDMENT NO. 91-2 APPLICANT: Pacific Coast Homes 2120 Main Street, Suite 260 Huntington Beach, CA 92648 1 . 0 SUGGESTED ACTION: Motion to: A. "Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopting Planning Commission Resolution No . 1450 and forward to the City City Council; and" B. "Approve General Plan Amendment No . 91-2 by adopting Planning Commission Resolution No . 1451 and forward to the City Council for adoption. " 2 . 0 GENERAL INFORMATION: Pacific Coast Homes has submitted General Plan Amendment No . 91-2 in order to shift seven (7) acres of commercial from the southeast intersection of Garfield Avenue and Edwards Street to the southwest intersection of Garfield Avenue and Goldenwest Street . Also , the applicant is requesting to shift residential densities near the intersection of Garfield Avenue and Main Street which will result in no additional units . The third request is to permit oil production/oil consolidation in the two (2) industrial land use areas . The requested amendments to the Holly-Seacliff Master Plan require the processing of a general plan amendment to the City' s Land Use Element . In order to process the amendment, staff has prepared an addendum to the original environmental impact report . Section 15164 of the California Environmental Quality Act states "The lead agency shall prepare an addendum to an environmental impact report if only minor technical changes or alterations are necessary to make the environmental impact report under consideration adequately under the California Environmental Quality Act and no new significant effects on the environment are raised . " 5A A-FNA-23C I General Plan Amendment No . 91-2 is being submitted for review and recommendation by the Planning Commission and then forwarded to the City Council for final decision. Currently being processed with General Plan Amendment No . 91-2 is Zone Change No . 90-10 and Code Amendment No . 90-10 which will establish the Holly-Seacliff Specific Plan . The Specific Plan is being analyzed in a separate report . 3 . 0 ENVIRONMENTAL STATUS: On June 5, 1991, the Environmental Assessment Committee reviewed Environmental Assessment No. 91-6 . Based on review of the checklist and discussion, the Environmental Assessment Committee determined that in order to properly address concerns associated with the General Plan Amendment No . 91-2 and the Holly-Seacliff Specific Plan an addendum should be prepared and circulated for comments . A draft addendum to Final Environmental Impact Report No . 89-1 has been prepared and distributed to interested parties . The 21 day comment period started on August 1, 1991 and closed on August 22, 1991 . Three (3) comment letters were received and a response has been prepared for each letter in the addendum. Staff has analyzed the potential impacts that could result from General Plan Amendment No. 91-2 and the Holly-Seacliff Specific Plan. Staff has determined that no new significant impacts will be generated by General Plan amendment No. 91-2 or the Holly-Seacliff Specific Plan. 4_. 0 COASTAL STATUS: The coastal portion of the Holly-Seacliff Master Plan and the coastal portion of the Holly-Seacliff Specific Plan will result in an amendment to the City' s Local Coastal Program. General Plan Amendment No . 91-2 will not require Coastal Commission review. 5 . 0 REDEVELOPMENT STATUS: Not applicable. 6 . 0 SPECIFIC PLAN: General Plan Amendment No . 91-2 is located within the boundaries of the Draft Holly-Seacliff Specific Plan. 8 . 0 ANALYSIS• On January 8, 1990, the City Council certified Environmental Impact Report No . 89-1 and approved the Holly-Seacliff Master Plan. In November of 1990, the City Council approved Development Agreement No . 90-1 between the City and Pacific Coast Homes . Development Agreement No . 90-1 requires that Pacific Coast Homes prepare a Draft Specific Plan for the Holly-Seacliff Master Plan area . The Draft Specific Plan for the Holly-Seacliff Master Plan area contains minor land use deviations which have resulted in the proposed general plan amendment . Staff Report - 9/17/91 -2- (0727d) General Plan Amendment No . 91-2 is a request for three (3) modifications to the Holly-Seacliff Master Plan: - Relocate seven (7) acres of commercial from the southeast corner of Garfield Avenue and Edwards Street to the southwest corner of Garfield Avenue and Goldenwest Street. The relocation of the commercial land use area is based on the need for better access and visibility for the future commercial tenants . Although both locations are situated adjacent to arterial highways, the Garfield/Goldenwest intersection will provide better market opportunities. The Traffic Engineer has stated that all direct access to the relocated commercial area will be from Garfield Avenue. - Minor redistribution of residential densities resulting in no additional units near Garfield Avenue and Main Street. The relocation of the residential densities result in higher densities adjacent to the major intersection of Garfield Avenue and Main Street and along the Transportation Corridor. Lower densities are being proposed further away from the major arterial highways which is consistent with the goals and policies in the City's Land Use Element. - Permit oil consolidation in the industrial land use areas. The Holly-Seacliff Master Plan currently permits oil consolidation in area north of Garfield Avenue. The proposed amendment permits future oil consolidation projects in both industrial land use areas between Golden West Street and realigned Gothard Street on both sides of Garfield Avenue. Staff has reviewed the revisions and all Departments support the request . A complete analysis is provided in the executive summary of the addendum. The Holly-Seacliff Master Plan and Environmental Impact Report No. 89-1 were analyzed on an overall acreage basis. Since the relocation of the seven (7) acres of commercial does not result in increased acreage, no new impacts will be generated. The same holds true for the slight redistribution of residential densities near Garfield Avenue and Main Street . Since the revision does not result in additional units no additional impacts will be generated. Staff feels that permitting oil consolidation sites in the industrial land use areas between Goldenwest Street and Gothard Street near Garfield Avenue is the best location for future oil consolidation. Staff supports the request for the revisions to the Holly-Seacliff Master Plan and recommends that the Planning Commission accept the addendum to Final Environmental Impact Report No. 89-1 . Staff Report - 9/17/91 -3- (0727d) �l 9 .0 RECOMMENDATION: Staff recommends that the Planning Commission take the following actions : A. Accept as adequate the Addendum to Final Environmental Impact Report No. 89-1 by adopted Planning Commission Resolution No. 1450 and forward to the City Council; B. Approve General Plan Amendment No. 91-2 by adopting Planning Commission Resolution No. 1451 and forward to the City Council for adoption. 10 .0 ALTERNATIVE ACTION: The Planning commission may modify the Addendum to Final Environmental Impact Report No. 89-1 and General Plan Amendment No. 91-2 as desired. ATTACHMENTS 1. Existing General Plan Map 2. Proposed General Plan map 3 . Response to Comments 4 . Reaffirmation of Findings and Facts for Addendum to Final Environmental Impact Report No. 89-1 5. Addendum to Final Environmental Impact Report No. 89-1 with Mitigation Monitoring 6. Planning Commission Resolution No. 1450 accepting as adequate Addendum to Final Environmental Impact Report No. 89-1 7. Planning Commission Resolution No. 1451 approving General Plan Amendment No. 91-2 HS:RLF:kjl Staff Report - 9/17/91 -4- (0727d) os • AO AC 1 i T _ I Aoo- -1 r.• "'-'"""!7�� I E i w,wc uxe.u+r I•uu:ov�wxo w,m •N,w,AC Ct I E x + 1 . _........ ; I 1I I' I I :•.:+f IMIf = I; ■x•ClYWf A AC"AC .•M iI I A2 I i Mo n•wwwa-I:wxo-ua •cns�ornw•c uxx, I AC ..��..—•• •. I i .. , , f A4 C4 �• Cs r *--I.A—r•n B3 MH M :� w.wc :wwouu .uu.ornuw u,•n OS I E C7 I 20 AC nAc A3 �t E I 22 AC ' '•Cac r•:x :I --- os AC •`\ '� d I� I 6 AC MH I ou •• r J :wc�uwf.wcw rw.. x m 01C * D8 DS ., 06 M � E6 GI fWW Avarua ✓' y` .� �•' \ AC 7 AC 3 M C UAL S I 16 AC ..wxx.wc 'r•xo mr •teu•oruuxa uxin 22 AC +i owc f'• I j1-...- }��.. -- . - - E E I: I � �•`• 22 is q is _ 07 — E3 E2 .. .xw s' •�•• L M •., •�: :a AC 9 AC j AC +.www eo,waroe e.ae.a on.+u.nwre. by i w.ar•ua ,,� CbY AVMW •.m�u+••Mwcw•a•ap� v�•,/'w• � � o��,a�aab •� o, E4 % mnc•, SA A DC / L3 !. 63 ACC. :N� -1�- - - - -- - I - •'�••�...� EXHIIBIT 2 ADOPTED CITY nOFF H�U�NTInNGTON BEACH LAND USE ELEMENT HOL�L�U—3LSlr,1CUFF M FA Ali I.1 1.. I- Area of Proposed Changes 84 �••�•ro� OS 3 o +.o.uu i•uu onu..o u.m 4 Ac •A , 62 1` `�I n.....o •.o.u.r i•cn.:o.iuw win E i 1 ' ,6 Ac cl _ I i M 1 4y B c n 1 n•..�.a 1A.0-6 •CAI 64•nw4 aat •� � i•I,5 .w. E z r l.• .6 AC C ,A ••\ M 1 A _. _ - - �C p A6 83 f rnuw.u•cn r•n O$ E `-• �� .w.a ++us.u..,•uu:o.nu.o uwn 2-1 AC AC cs A] E :Ac C6 MM 1 MM A AC J 6! •c .,AC iAc .;cn:c M6•Hl. ° I I .. .- OS . 1 .... 6Ac1 • ,6 AC d 1 '01 ����� 'r a..noa..•cw r•w M 07 D,-- _-_______ ; E7 C EG GOIMtl MOMr. JV 16 AC M 41H 05 06 1 ES td 6AC a � •.mw�,•c•n o.4u:.o uwn, Ac -3 Ac M 6 AC 1 • 07 L 1 I i 6 �'�...:r..•`. :Mc 8t 4rea of Proposed Changes ;r "" '°'"" I =A.= E6 urao 1 / 51 AC ..'. _ �' C ,.... .. . •`• ••o•n a.e..w . 1 ... •n.a4ri.�cwr...uw M�•�, �•'`� •�"1••�. = EXHIBIT 3 PROPOSED �tC-rITTY OF HUNTTINGTON BEACH LAND USE ELEMENT H` n V—WACUFF MFA IOR��- RESPONSE TO COMMENTS ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 89-1 Introduction The purpose of this document is to transmit all comments received related to the addendum to Environmental Impact Report No. 89-1. This EIR Addendum has been prepared in conformance with Section 15164 of CEQA as a means of making minor technical corrections to the previously certified EIR. Public Review Period The addendum to EIR No. 89-1 for the project was distributed to various public agencies, responsible agencies, citizens groups, and interested individuals. The addendum was also made available for public review and comment for a period of 21 days. The public review period as established by the City of Huntington Beach policy commenced on August 1, 1991 and expired on August 21, 1991. Comments Copies of all comments received as of August 21, 1991 are contained on the following pages. Comments have been numbered and responses have been correspondingly number for each letter received. Commentors 1. Letter - August 5, 1991 City of Seal Beach 2. Letter - August 6, 1991 Southern California Gas Company 3. Letter - August 16, 1991 Marshall B. Krupp Community Systems Associates, Inc. City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -1- Comment CITY OF SEAL BEACH CDB-1 The City of Seal Beach has received the Draft Addendum to Final EIR No. 89-1 for the above-referenced project and concurs that the proposed addendum to Final EIR 89-1 is the appropriate level of environmental review for this project. Response The comment is noted and included in the record for review by the appropriate decision makers. SOUTHERN CALIFORNIA GAS COMPANY Comment SCGC-1 Gas service to the project can be served from an existing main as shown on the attached atlas sheet without any significant impact on the environment. Resoonse The comment is noted and included in the record for review by the appropriate decision makers. COMMUNITY SYSTEMS ASSOCIATES, INC. Comment CSA-1 The square footage of all a) anticipated dwelling units by phases; and b) anticipated non-residential development activity, should be identified and calculation of development fees should be provided; CSA-2 The phasing of the Plan's development should be identified; CSA-3 The location of school sites, school bus stops, student pedestrian movement patterns to school sites, bus routes, etc., relevant to the Plan's implementation should be identified; CSA-4 The designated schools that will be attended by students generated by the Plan's implementation should be identified; CSA-5 The District's past and present enrollment trends as well as current enrollment, including facility utilization should be identified; City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -2- CSA-6 The District's past and present enrollment trends as well as current enrollment, including facility utilization should be identified; CSA-7 A complete and comprehensive traffic analysis should be prepared, identifying vehicular movement and volumes and potential conflicts with school pedestrian movement, school transportation, and busing activities; CSA-8 A complete and comprehensive noise analysis should be prepared, identifying any noise sources and volumes which may effect school facilities, classrooms, and outdoor school areas; CSA-9 A complete and comprehensive air quality analysis should be prepared identifying any air quality deterioration that would result from the transportation and busing of students to various schools within the District as a result of potential overcrowded conditions and the necessity to mitigate capital facility deficiencies; CSA-10 The utilization impact on the District of the Plan's implementation, including the identification of projected enrollments, projected space requirements, projected busing requirements, projected teacher/staffing requirements, and traffic and noise impacts; CSA-11 The fiscal impact on the District of the Plan's implementation, including projected cost of land acquisition, school construction/reconstruction and other facilities; present and projected capital facility, operations, maintenance, and personnel financing and funding sources; and personnel, operational, and maintenance costs; CSA-12 Appropriate and legal implementational utilization and fiscal impact mitigation measures should be identified and evaluated, including but not limited to a complete discussion and analysis of the mitigation measures set forth in Section 65996 of the Government Code, as follows. a) Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code. b) Chapter 25 (commencing with Section 17785) of Part 10 of the Education Code. c) Chapter 28 (commencing with Section 17870) of Part 10 of the Education Code. d) Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code. e) Section 53080 of the Government Code. City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -3- 1 f) Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the Government Code. g) Chapter 4.7 (commencing with Section 65970) of Division I of Title 7 of the Government Code; CSA-13 Cumulative impacts on the District addressing item No's. 7, 8, 9, 10, 11 and 12 should be addressed. Other projects in the geographical area of the District and included in the cumulative analysis should be identified by development name, unit size, phasing, and location; CSA-14 Unavoidable Plan implementation and fiscal impacts on the District should be addressed, particularly as they relate to the quality and quantity of District space, and the present and future condition of the District's enrollments, space utilization, curriculum, financial and fiscal conditions, transportation, operational and maintenance activities, and administrative services; CSA-15 Appropriate alternative projects, plans, and programs should be considered and evaluated, and the items and issues set forth herein as No's. 1 through 14 should determined; and CSA-16 If a statement of overriding consideration is intended to be used relative to the District's utilization and fiscal impacts for unavoidable or unmitigated impacts, the text of the statement, along with quantitative and qualitative substation, should be identified and made available for public inspection. Response Comments CSA-1 through CSA-16 are acknowledged. The General Plan designates a site within the Holly-Seacliff Master Plan area for a new elementary school to serve students generated by the residential development. The potential school site is located in the Ellis-Goldenwest Specific Plan area, which is not affected by proposed General Plan Amendment 91-2. The General Plan Amendment covered by this EIR Addendum retains the same intensity of development and total number of dwelling units in each Planning Area as analyzed in EIR 89-1, Section 4.16, Public Services and Utilities. Currently Pacific Coast Homes, the major landowner within the area, and the Huntington Beach City School District are negotiating an impact mitigation agreement to provide adequate school facilities and implement the mitigation program contained in certified EIR 89-1. City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -4- CITY HALL 211 EIGHTH STREET SEAL BEACH, CALIFORNIA 90740 9; ECE ' 0: August 5, 1991 ^ City of Huntington Beach Department of Community Development, Planning Division 2000 Main Street Huntington Beach, CA 92648 Attn: Robert Franklin, Assistant Planner SUBJECT: DRAFT ADDENDUM TO FINAL EIR NO. 89-1, Holly-Seacliff General Plan Amendment No. 91-2 Dear Mr. Franklin: The City of Seal Beach has received the Draft Addendum to Final EIR No. 89-1 for the above-referenced project and concurs that the CS8.1 proposed addendum to Final EIR 89-1 is the appropriate level of environmental review for this project. The City of Seal Beach understands that the maximum number of dwelling units within each residential category and the overall maximum for the Holly-Seacliff Master Plan area, as previously established by General Plan Amendment 89-1 are in no case exceeded by the proposed plan refinements. In addition, it is the understanding of the City of Seal Beach that the minor refinements to the internal circulation pattern are based on recommendations by the City of Huntington Beach Traffic Engineering Division, which has certified that there are no additional impacts resulting from the proposed changes in circulation design. If amendments to the Holly-Seacliff General Plan involve an increase of the number of housing units over that previously established pursuant to General Plan Amendment 89-1, or if the circulation refinements would cause additional impacts not previously analyzed and mitigated, then a Supplemental EIR should be prepared to adequately those impacts. The City of Seal Beach appreciates the opportunity to provide comment on the Proposed Addendum to Final EIR No. 89-1. The contact person in our department will be myself. If you have any questions or concerns regarding our comments, please contact my office, t , Page 2 :io Draft Addendum/Final EIR 89-1 August 5, 1991 telephone ( 213 ) 431-2527 at your earliest convenience. I will be most happy to provide any additional information which you may require. Sincerely, L e Whittenberg ' Director of Development Services City of Seal Beach cc: City Council Planning Commission City Manager Environmental Quality Control Board SOUTHERN CALIFORNIA gGS COMPANY ORANGE COUNTY DIVISION • P O BOX 3334 ANAHEIM. CALIFORNIA 911803.H3.1 August 6, 1991 L' -l City of Huntington Beach Dept. of Community Development 2000 Main St. Huntington Beach, CA 92648 Attention: Robert Franklin Subject: EIR - Holly-Seacliff 91-2 This letter is not to be interpreted as a contractual commitment to serve the proposed project, but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project can be served from an existing main as SCGC-1 shown on the attached atlas sheet without any significant impact on the environment. The service would be in accordance with the company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the federal regulatory agencies. Should these agencies take any action which affects gas supply or the condi- tion under which service is available, gas service will be provided in accordance with revised conditions. Residential (System Area Average) Yearl Single-family 1095 therms/year/dwelling unit Multi-family 4 or less units 640 therms/year/dwelling unit Multi-family 5 or more units 580 therms/year/dwelling unit These estimates are based on gas consumption in residential units served by Southern California Gas Company during 1975 and it should not be implied that any particular home, apartment or tract of homes will use these amounts of energy. This is particularly true due to the State's insulation requirements and consumers' efforts toward energy conservation. 1 Estimates of gas usage for non-residential projects are developed on an individual basis and are obtained from a Market Services Staff representative by calling (114)634-3180. We have developed several programs which are available, upon request, to provide assistance in selecting the most energy efficient appliances or systems for a particular project. If you desire further information on any of our energy programs, please contact this office for assistance. Sincerely, //2 R. B. Aarvig Technical Supervisor AT.-du attachment �n COMMUNITY SYSTEMS ASSOCIATES,INC. &M 1 +� August 16, 1991 VIA CERTIFIED MAIL Mr. Robert Franklin Associate Planner Dept.of Development DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division 2000 Main Street Huntington Beach, California 92648 RE: Holly-Seacliff General Plan Amendment No. 91-2 Draft Addendum to Final EIR No. 89-1 Dear Mr. Franklin: On behalf of the Huntington Beach City School District ("District") , I have received a copy of the August 1, 1991 notice of the draft Addendum ("Addendum") to the Holly-Seacliff General Plan Amendment Environmental Impact No. 89-1 ("EIR") to be used in conjunction with proposed General Plan Amendment No. 91-2 ("Project") . The District certainly appreciates the opportunity to comment on the draft Addendum and the cooperation and assistance that the City has offered to ensure that the District maintains an active role in the implementation of the Holly-Seacliff development. In addition, we want to express our appreciation to the applicant, Pacific Coast Homes, for its continued coordination and coopera- tion with the District. We note Section 4 . 0, No. 13, which discusses public services. Therein, the Addendum states: "The public services and utilities-related impacts as- sociated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89- 1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementa- tion of the HSSP as conditions of approval and the sig- nificantly adverse impact is covered by the previously ap- proved Findings and Statement of Overriding Considerations. " "public/private project management, feasibility, and implementation" 1717 SOUTH STATE COLLEGE BOULEVARD • SUITE 100 •ANAHEIM,CALIFORNIA 92806 • TELEPHONE(714)978.8887 _1 CC_ _)111 [01YMt•Mt/W A//OCW\/MC� Mr. Robert Franklin August 16, 1991 Page 2 In our opinion, although the total number of residential units proposed between the adopted Land Use Element dated January, 1990, and the proposed Land Use Element dated July, 1991, has remained the same (4,410) , the distribution of residential units has been changed in a way which may effect the service capabilities of the District. In addition, we note that the designated park in Planning Area D- 1 has been removed. We question how this relates to -the joint use school/park facility which has been discussed over the past several months. As you have noted, the District and Pacific Coast Homes have had a multitude of discussions relating to the adequacy of the size and funding of the school site on the northwest corner of Sad- dleback Lane and Garfield Avenue. We have also raised concerns relative to the adequacy of previous environmental documentation in terms of the full disclosure of impacts, and appropriate mitigation measures. The proposed Addendum and proposed General Plan Amendment No. 91- 2 do not appear to address the concerns the District has raised nor respond to correspondences previously transmitted to the City. We are concerned that the proposed Addendum's conclusions relative to the issues of schools have not addressed the changing conditions of the District and the District's ability to adequately service the Holly-Seacliff development without ap- propriate, adequate, and complete mitigation of impacts. The District believes that the Public Services section of the Ad- dendum should be. Pxpanded to discuss the issues which have been raised by the District via correspondence, oral communication, and testimony before the Planning Commission and that the concept of the joint use school/park facility as an alternative to the proposed land use pattern for Planning Area D-3 be discussed and evaluated in the Addendum. Finally, we would request, to the degree that EIR No. 89-1 .did not, that the proposed Addendum address the following items in detail as they relate to the proposed Land Use Element. 1) The square footage of all a) anticipated dwelling units by phases; and b) anticipated non-residential develop- POA- ment activity, should be identified and a calculation of development fees should be provided; -_; �- COW... Mr. Robert Franklin August 16, 1991 Page 3 2) The phasing of the Plan' s development should be ICSA-2 identified; 3) The location of school sites, school bus stops, student pedestrian movement patterns to school sites, bus CSA-3 routes, etc. , relevant to the Plan's implementation should be identified; 4) The designated schools that will be attended by stu- dents generated by the Plan's implementation should be ICSA-4 identified; 5) The District' s existing conditions relative to the location, size, quality and condition of existing CSA-5 schools, administrative, and operation facilities should be discussed; 6) The District's past and present enrollment trends as well as current enrollment, including facility utiliza- I CSA-6 tion should be identified; 7) A complete and comprehensive traffic analysis should be prepared, identifying vehicular movement and volumes CSA-7 and potential conflicts with school pedestrian move- ment, school transportation, and busing activities; 8) A complete and comprehensive noise analysis should be prepared, identifying any noise sources and volumes CSA-8 which may effect school facilities, classrooms, and outdoor school areas; 9) A complete and comprehensive air quality analysis should be prepared identifying any air quality deterioration that would result from the transportation and busing of students to various schools within the CSA-9 District as a result of potential overcrowded condi- tions and the necessity to mitigate capital facility deficiencies; 10) The utilization impact on the District of the Plan's implementation , including the identification of projected enrollments, projected space requirements, CSA-10 projected busing requirements, projected teacher/ staffing requirements, and traffic and noise impacts; ■1 Cari.t.[.[nil.[wcwu.c Mr. Robert Franklin August 16, 1991 Page 4 11) The fiscal impact on the District of the Plan's im- plementation, including projected cost of land acquisi- tion, school construction/reconstruction . and other facilities; present and projected capital facility, C6-11 operations, maintenance, and personnel financing and funding sources; and personnel, operational, and main- tenance costs; 12) Appropriate and legal implementational utilization and fiscal impact mitigation measures should be identified and evaluated, including but not limited to a complete CSA-12 discussion and analysis of the mitigation measures set forth in Section 65996 of the Government Code, as follows: a) Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code. b) Chapter 25 (commencing with Section 17785 of Part 10 of the Education Code. c) Chapter 28 (commencing with Section 17870) of Part 10 of the Education Code. d) Article 2 . 5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code. e) Section 53080 of the Government Code. f) Chapter 2 . 5 (commencing with Section 53311) of Division 2 of Title 5 of the Government Code. g) Chapter 4 . 7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code; 13) Cumulative impacts on the District addressing item No's . 7 , 8 , 9 , 10 , 11, and 12 should be addressed. Other projects in the geographical area of the District CSA_13 and included in the cumulative analysis should be iden- tified by development name, unit size, phasing, and location; 14) Unavoidable Plan implementation and fiscal impacts on the District should be addressed, particularly as they relate to the quality and quantity of District space, and the present and future condition of the District's CSA-14 enrollments, space utilization, curriculum, financial and fiscal conditions, transportation, operational and maintenance activities, and administrative services; 0 \\\ F 11 COUWNv M1F u3 y3p[u{3 wC Mr. Robert Franklin August 16, 1991 Page 5 15) Appropriate alternative projects, plans, and programs should be considered and evaluated, and the items and CSA issues set forth herein as No's. 1 through 14 should be determined; and 16) If a statement of overriding consideration is intended to be used relative to the District's utilization and fiscal impacts for unavoidable or unmitigated impacts, CSA the text of the statement, along with quantitative and qualitative substantiation, should be identified and made available for public inspection. We would request and recommend that the Addendum identify, both individually and cumulatively, all environmental impacts, mitiga- tion measures and appropriate alternatives. Further, the ap- propriate mitigation measures set forth in Section 65996 of the Government Code should be incorporated into the mitigation measures. If the District can be of any further assistance or provide in- formation that will allow the City to address issues and concerns more effectively, please don't hesitate to contact our office. We appreciate you assistance and consideration. Sincerely, 7arsh NITY TEMS ASSOCIATES, INC. a1 B. Krupp PresicWr MBK:mmg 16/86 cc: Dr. Duane Dishno Huntington Beach City School District Dr. Gary Burgner i Huntington Beach City School District 1 Mr. Tom Zanic Urban West Communities i I REAFFIRMATION OF FINDINGS AND FACTS ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 89-1 CEQA STATEMENT OF FINDINGS AND FACTS SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED APPROVAL OF AN ENVIRONMENTAL IMPACT REPORT ADDENDUM, GENERAL PLAN AMENDMENT, SPECIFIC PLAN, FOR THE HOLLY-SEACLIFF AREA, CITY OF HUNTINGTON BEACH, CALIFORNIA. The City of Huntington Beach is considering approval of a General Plan Amendment (GPA 91-2) and associated Zone Change (Zone Change No. 90-10), Zoning Code Amendment (Code Amendment No. 90-10) to implement the Holly-Seacliff Master Plan (GPA 89-1) by establishing Specific Plan Zoning in the Holly-Seacliff area. Because the proposed actions constitute a project under CEQA Guidelines, an Environmental Assessment (Environmental Assessment No. 91-6) has been prepared by the City of Huntington Beach to identify any potential environmental impacts associated with the proposed General Plan Amendment (GPA) and Holly-Seacliff Specific Plan (HSSP). The Environmental Assessment indicated that the proposed GPA request contained in the HSSP is substantially consistent with the original Master Plan project analyzed in EIR No. 89-1. The City of Huntington Beach desires to approve this project and, after determining that the Addendum to EIR No. 89-1 is complete and has been prepared in accordance with CEQA and the Guidelines, makes the finding as set forth herein. EFFECTS DETERMINED TO BE INSIGNIFICANT Earth • The project will not result in the creation of objectionable odors. • The project will not result in any increase in wind or water erosion of soils, either on or off site. Air Quality • The project will not result in the creation of objectionable odors. • The project will not result in the alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally. City of Huntington Beach EIR. No. 89-1 Addendum September 9, 1991 -1- f Watcr • The project will not result in changes in currents, or.the course of direction of water movements, in either marine or fresh waters. • The project will not result in alterations to the course or flow of flood waters. • The project will not result in alteration of the direction or rate of flow of ground waters. • The project will not result in exposure of people or property to water related hazards such as flooding or tidal waves. Plant Life • The project will not result in the reduction of the numbers of any unique, rare or endangered species of plants. • The project will not result in the reduction in acreage of an agricultural crop. Animal Life • The project will not result in reduction of the numbers of any unique, rare or endangered species of animals. • The project will not result in the introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals. • The project will not result in the deterioration to existing fish or wildlife habitat. Haim • The project will not result in the exposure of people to severe noise levels. Natural Resources • The project will not result in the substantial depletion of any non-renewable natural resource. Transportation/Circulation • The project will not result in effects on existing parking facilities, or demand for new off-site parking. • The project will not result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians. i City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -2- Public Services The project will not have an effect upon, or result in a need for new or altered governmental services. Energy • The project will not result in the use of substantial amounts of fuel or energy. Utilities • The project will not result in a need for new systems, or substantial alterations to communication systems. Human Health • The project will not result in the creation of any health hazard or potential health hazard. Cultural Resources • The project does not have the potential to cause a physical change which would affect unique ethnic cultural values. • The project will not restrict existing religious or sacred uses within the potential impact area. City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -3- 1 EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE AND SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE I!ROJECT IS IMPLEMENTED Significant Effect Impacts associated with implementation of a substantially similar Land Use Plan (i.e., no new land uses, topographical or other physical changes) for the project area have been determined by the City of Huntington Beach Environmental Assessment Committee to be substantially consistent with the Holly-Seacliff Master Plan project originally analyzed in Final Environmental Impact Report No. 89-1, and are covered by the Findings, Mitigation Program and Statement of Overriding Considerations certified by the Huntington Beach City Council on January 8, 1990. Findinit In compliance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Administrative Code Section 15000 et seq.) in particular Section 15164, an Addendum to EIR No. 89-1 which does not raise important new issues about the significant effects on the environment has been prepared to make minor technical changes and additions necessary to make EIR No. 89-1 adequate to meet the requirements of the California Environmental Quality Act. Facts in Support of Finding 1. None of the conditions described in Section 15162 of CEQA calling for preparation of a subsequent EIR have occurred as a result of the proposed General Plan Amendment and Holly-Seacliff Specific Plan; 2. Only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA; and 3. The changes to the EIR made by the addendum do not raise important new issues about the significant effects on the environment. City of Huntington Beach EIR No. 89-1 Addendum September 9, 1991 -4- ... ;.: ?,..a.;. :::. :..: ;..:: .. .. ._. ,... s... :,..:.. r•r°, yx 1,�,.,�, ..y.x3 v^ s,�s:�. � s; r x ?5.�: x v. i;. n a d Ae oirtfn �GheckUst�' =�•�,.,#� q.> �s �r:Y ��� � ;�� k � =r:,��,�>�� fi� ��`�r fy �fi< sn4x�}�a�; :� r ;;: ,� v. v: �. :_,.�s ue�,$C.�..•4",� :•a w; .r, bk r,•y,.. ,b.•. ,<�: }}� ^.s.. F.,, .Y a s:�deS 7^,. hy,. vv.�, s>s r,, '•` .�.`.�s-'` 3:�. '��'i��, >x fi3�x i:!`s�..r,' o��'��'�0'�5,.>�3:?`�'" ,c� 3� N�< �tk` � 'E: :�vv"•� � y. Y ,� �:'}�✓.•o'£ .G.•� ;G `` � eac 9�f�:Gerr,.erai planzAim.e.ndmein.t ,��• � �.� _•'4.�,�.� � :. � � '�„�� '`�ab� 's � sHOIiyLS s. . .�.'. a� a Dz •s:,,�.... � s. ` :«� s. 3 .d z, . :�'y,: � � ,.�Z., ,z,.. ,,.�; ,x, K s. �,, „R.:e s., ,.:Cl xnt lYt�iTf to�+;:i3eah,.: -�'� �� ,r x�,:�r=.. s :�A � .,�Y �; �: _�,•��• ,�> #V � �, .. ..,;�k:x,.�...�.Ate,... Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Land Use t Prior to issuance of building permits for individual tracts,the applicant Prior to Issuance of Buiki%Permits Fire Department should demonstrate that service vehicle access to all remaining operating oil wells on-site is monitored through the existing or proposed residential tracts. Land Use 2 All potential buyers and renters of on-site residences should be notified of Prior to Final Inspection Department of Community the effects resulting from on-site and off-site oil production activities. The Development notification should state the frequency and locations of maintenance and service operations. The notification should indicate that noise levels from oil activities may also significantty,increase during these times. Land Use 3 The City should adopt a redevelopment plan or other strategy to assemble Prior to Development Approvals Department of Community encyclopedia lots and other non-buildable parcels of land in Planning Areas Development B,C&E, Land Use 4 Prior to the approval of tentative tracts adjacent to the Seadiff Country Club Prior to Tentative Tract Map Approval Department of Community and golf course,preliminary lanascape plans and development/open space DevelopmentDepartmem edge treatments should be submitted for City approval. These plans should of Public Works provide for the review of planting compatibility along the relevant south edge of the development. Land Use 5 In order to retain the existing swale character,future Specific Plans should Prior to Specific Plan Approval Departmentot Community incorporate policies which%peaty the grade of slope,permitted amount of DevelopmenUDepartment cut and loll,improvements for storm drainage and include a schematic of Public Works i design for recreational and open space treatment within drainage swales. Land Use 6 Only limited gracing activities a development should be allowed within Prior to Issuance of Grading Permits Department of Public Works areas encompassing natural swales on-site. This should be limited to changes requited to install access roads,utility and storm drainage lines and landscaping to enhance the natural condition of the swale areas. Land Use 7 Detailed grading plans for all development on-site should be submitted to Prior to Issuance of Grading Permits Department of Community and approved by the Planning Department prior to the issuance of grading DevelopmentlDepartment permits. Such plans should show all natural swales on-site and the areas to of Public Works be graded. Land Use a Prior to the issuance of grading permits,the Department of Fish and Game Prior to Issuance of Grading Permits Department of Public Works should be notified o:gracing activities on-site that are scheduled to commence in the swales,in order to preclude the possible elimination of wetland areas under the jurisdiction of the Department of Fish and Game, as further specified in the Biological Resources section of this EIR. Source Reference: Final EIR Beach City ® K�M Adopted 110/90,Huntington Beach City Council Resolution No fo097 ,�V�'•` i a" •t* ;"z: g&$b. w G"N h�e.y±...3".k31?+l.s.G;tx ;�., &� {, r r ,. � .. :. >•At`Ya>F#.: y z. sfir,w.o{d^rtkA'l:"�.Mlti ationMp lot . " i rx r y 'NS r, „r r .> °.� "k a✓'h a '.2 t 'rA" „y Y's. i.�..� s :. 3 s _ s gilySacllf;Ge� Ks?` Mwf ` Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Aesthetics I Specific Plans should incorporate policies which specify maximum grade of Prior to Specific Plan Approval Department of Community slope,permitted amount of cut and fill,improvements for storm drainage Development and a schematic design for recreational and open space treatment within i the ravines. Aesthetics 2 The topography of the natural ravines and their associated drainage Prior to Specific Plan Approval Department of Community courses should be preserved in accordance with standards adopted with Development approval of future Specific Plans. Aesthetics 3 As required in the Public Services and Unities section of this EIR,new utility Prior to Final Inspection Department of Public Works fines including.but not limited to,electric(excludes SCE 66KV transmission fines),telephone,street fighting and cable television should be placed underground. The applicant should be responsible for complying with this requirement and should make the necessary anangemenis with the utility companies for the installation of such facilities. Aesthetics t Landscaping of future projects should be designed to minimize visual Prior to Issuance of Building Permits Department of Community impacts on a4acent parcels. Special consideration should be given to DevelopmenVDepartment of orientation of the project's residences(i.e.windows and decking)so as to Public Works respect the privacy of agacent and nearby homes. Aesthetics 5 Wherever feasible,oil production facilities on-site should be eliminated or Prior to Final Inspection Fire Department/Department consolidated to reduce their total number. Facilities remaining on-site of Community Development should be painted,camouflaged,or otherwise screened by perimeter walls, plantings or Ike treatments to reduce their unsightliness to future residents. Aesthetics 6 Wherever feasible,windrows should be preserved within park sites or Prior to Tentative Tract Map or CUP Department of Community replaced to maintain the aesthetic benefits they contribute to the community. Approval DevelopmenvDepartmem of Further studies should be completed to assess the health of these trees. Public Works Aesthetics 7 As future development occurs,the designated railroad transportation Prior to Specific Plan Approval Department of Community corridor should be preserved for future use as traits or transit. Developmenl Earth Resources t Subdrains should be installed where necessary. Location and size of Prior to Issuance of Grading Permits Department of Public Works subdrains,if any are required,should be determined after preliminary geotechnical and grading information is made available. Earth Resources 2 The design of structures should comply with the requirements of the City of Prior to Issuance of Building Permits Department of Community Huntington Beach Code and the standard practices of the Structural Development Engineers Association of California. J . atianNtpnitgrinlld B60 0rtin Checklist �r �,. ..:x'.8°.�'•1�n�r:?W 8�'`�z'�z•. ,z3: 4' ., .,;. x'�,., ,.,s. � ux";:ti t.,...,. y, g.st n .3rYyry ,..�'. 3 �'q,::< ,,, %'9. tiY. it "i.. s,r `x" i. 'YY'. '`Mo�'i'T,t?t Y,ehr:ly,;%o :.'v' y � � C. r• ..r•+.?x;i plain �,f •1f` .r<. ^. F.<z. ,. tit, 4 y 'ks.�' ;tiitt,`sri",.• ;.'' ;: ? Y 4 ". . x� • A � s -ay,.N• ,e• .r.�i���1s+����� QCiii h.x.,t �• i:�.:" y �! r><?x�#�.t r k, TS t ".:� 1 �Y Section Mitigation Mitigation Measure Monitoring Agency Approyal Verilicalion of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Earth Resources 3 A detailed geologic fault investigation should be undertaken to delineate any Prior to Issuance of Building Permits Department of Public Works additional active trace of the Newporvfngl rwood fault. A setback zone should be established to prevent the construction of habitable structures within 50 feet on either side of any active fault trace Thwetore,as is the case in the waslern portion of the property,where the fault zone as exposed in the sand borrow pa is 80 feet wide,the ultimate setback zone should have a total width of t80 feet Earth Resources 4 Prior to future development,additional information on particle size,densiry. Prior to Tentative Tract Map Approval Department of Public Works and ground water levels should be obtained to accurately assess the potential for Iquelaction due to seismic shaking in the alluvial areas Earth Resources 5 As future development occurs,continued subsidence rate monitoring for the Ongoing Fire Department region of the subject site is necessary to determine if subsidence rates are decGnirtQ with current water-injection methods being used at operating oil production facilities Earth Resources 6 The use of post-tensioned slabs should be considered in the foundation Prior to Issuance of Building Permits Department of Community design in order to eliminate drsuess to structures and stabs from minor Development regional subsidence. Although this measure wig provide for a more rigid slab,it wig by no means eliminate distress to foundations resulting from the rapid subsidence of the;and from continued oil and gas withdrawal. Earth Resources 7 At the time of future development,habitable structures will be located Prior to Tentative Tract Map Approval Department of Community outside of the tsunami risk zone Development Earth Resources 8 During and after project construction,adequate surface drainage should be Ongoing Department of Public Works maintained by the applicant,in order to eliminate bluff erosion. Surface water should be carried quickly away from the top of the bluff and not allowed to pond or run down the slope face Hydrology t Prior to approved of future Specific Plans or grading permits,a detailed area- Prior to Specific Pian Approval Department of Public Works wide flood controlrhydrology/hydraulic sturdy should be prepared by a licensed civil engineer as required by the City and completed by the applicant(per the current County of Orange Hydrology Requirements)to further quantity and detail the combined drainage impacts of development within the watershed area. These detailed studies may be used to adjust the suggested conduit sizes proposed lot the EIR and shown on Exhibit 14 A separate detailed study should be completed for each tributary area. These studies shag be completed prior to the approval of future Specific Plans of at the time of gracing permit Mitt atlon,Mo'nittirlr /}yj an,d}Air rtin Gh+aklist � 5/ bX'`f'9 a '�`, `G 4',.:: g a ,y,: '^ oU Seaclli Generat Pla e d e � � _ r; �xM H y n y K f r 1�, Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Dale Comments Hydrology 2 All future discretionary permits should be consistent in preserving area wide Prior to Tootaaw Tract Map Approval Department of Public Works natural drainage patterns along with preserving and enhancing the goals, objectives and policies of the General Plan Open Space and Conservation Element The permits should ensure that development provide for facilities needed to accommodate runoff from a 100 year storm Hydrology 3 Individual projects should be required to construct or upgrade on-site and Prior to Issuance of Grading Permits Department of Public Works off-site drainage facilities needed to drain the site according to City requirements This should include, limited improvements to existing earth swales so as to convey nuisance flows as well as floodwater,required storm drain conduits.storm drain crossings under Goldenwest Street,Ellis Avenue and other proposed streets:and any other facilities determined as needed to the more detailed hydrology studies Hydrology 4 An additional dosed conduit system will be required in Garfield Avenue from Prior to Issuance of Budding Permits Department of Public Works Crystal Street easterly to the connection with the existing storm drain line in Delaware Street. This system will be required to accommodate(lows generated by development within the study area. Hydrology 5 The City should be responsible for the construction of upgraded swales. Prior to Issuance of Building Permits Department of Public Works closed conduits and a desilting basin to transport the drainage runoff rollacsed from the northwest portion of the project site.from north of Ellis Avenue to Huntington Central Park Population and I The applicant should sinve to develop a variety of housing types and sizes Prior to Specific Plan Approval Department of Community Housing at a range of prices in order to comply with the General Plan Housing Development Element policies for affordable lousing as well as the needs identified in the RHNA. Recreation I The City should adopt a plan for acquisition and development of land within Prior to Development Within Thal Area Department of Administration the Central Park expansion area north of Ellis Avenue Recreation 2 The City shall enter into an agreement with major landowners to dedicate Prior to Further Development Approvals Department of Community designated parklands prior to or concurrent with development in each Services Planning Area. Recreation 3 The City should create a special assessment district(s)for the developmenl Prior to Development of Said Trails Department of Administration and maintenance of public trails and parklands within the project area and Parklands mom 1 1 f � "g� �p Monito i g and,Reporting Checklist a IGenera::PIarAmendntent cn3 ... •: iCl1 .. n ' " `:` is :IDLY 19,1991 Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No Requirement Summary Milestone Responsible Party Complete Date Comments Transportation s Artenal links within the project study area shall be improved to then ultimate Prior to Issuance:of Building Permits Department of Public Works width,consistent with the proposed Circulation Element for the General Plan Amendment request A listing of the ultimate arsenal widths within the project study area is presented below Elks Avenue Edwards Street to Gothard Street primary 4 lane divided anent Gotthard Street to project east boundary secondary 4 lane undivided asena: Garfield Avenue Seapointe Street to Main Street major 6 lane dvided artenai Yorktown Avenue Goldenwest Street to Main Street primary 4 lane divided arterial Edwards Street Elks Avenue to Garfield Avenue secondary 4 lane undivided arterial Gdldemvest Street Yorktown Avenue to Ellis Avenue major 6 lane divided arterial Gotthard Street Elks Avenue to Main Street secondary 4 lane undivided arterial Main Street Huntington Street to Yorktown Avenue primary 4 lane divided arterial These Improvements should include all necessary curbs gutters,and misdian requirements per the City of Huntington's standard plans In addition,all residential collectors,industrial collectors and residential streets should be improved to then ultimate width consistent with the proposed Circulation Element for the General Plan Amendment project Transportation 2 Intersections within the study area should be constructed to the lane Prior to Issuance of Building Permits Department of Public Works geometha identified in Table 1e Transportation 3 Prior to the first Specific Plan or Tract Map approval,a fan share funding Prior to Specific Plan or Tentative Tract Department of Public Works program for the construction of the cross-gap connector tram Edwards to Map Approval Bolsa Chica as a modified secondary arterial and the Seapointe Avenue extension from Garfield to Coast Highway should be determined In the debrmination of this fair share funding program,a credit should be given for the segment of the cross-gap connector and Seapointe Avenue constructed within the project boundary Source Reference Final EIR No 99-1 Adopted 1/8190,Huntington Beach City Council Resolution No 6097 a + 'IlAittgetion Mpnitorin%end Reppr�Ing Gh' dkO Roll �Seacilif Genstal I.an Aiendmen ' €s C, 1 da urrrFa cM3>, s.,,w• ,> a €iy 'z° br Section Mitigation Mitigation Measure Monjtoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Transportation 4 The arterial and intersection improvements required to occur commensurate Prior to Issuance of Building Permits Department of Public Works with Planning Area development are as follows. Plannina Area A Contribute on a lair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross gap connector Construct the ultimate westerly half section(40 feet.2 lanes)of Edwards Street from Ells Avenue to Garfield Avenue Construct the ultimate northerly hall section(60 feet,3 lanes)of Garfield Avenue from the protects western border to Edwards Street. Plannino Area A Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate easterly halt section(40 feet,2 lanes)of Edwards Street from the project's northern border to Garfield Avenue Construct the ultimate section(100 feet,4 lanes)of Ells Avenue from Edwards Street to Goldenwest Street.-Construct the ultimate northerly half section(60 feet,3 lanes)of Garfield Avenue from Edwards Street to Gofdernvest Street. Pla nine Area C Contribute on a fan share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Mt i` i n i ran end Re" in �Checkt�st " h :� w�a� s, r zx�r,. �,:r"+ `:,"��'• �� ,sx'sk,&.�,;:w•3xbM ,�i•:• ,•);�,. M k ,`#� a y 9 i :.s �`, •, '?. .1; ..SF +F. ..' a. `ifi"..s3 vs.•. "b•.a. i ' ''^. t f v f7 w, x •e' ':y.. � 4 ....M.h: :,; Npt� . e �.0 .. y .: : I•s K F ' i �:'•'8'r & '"::x�w;yr .,,�x ........ x.: ..avi?. x ,fit-., ' #.. $:.r�,,. 'R ..c'�``.'i� .�:+•a's�,, '.: r .:a! s 3e>as K.,, +'+,E\Y.. '°�' ,,� ¢` a'?~ y� 8. #, °^� s. s.�a :r;: '.a. LI l7lii'�11IJtC�I1$ Gh,.� x ,! N.'W� >. Section Mdigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Transportation 4 Contribute on a fair share basis towards the construction of the cross-gap (continued) connector. Vacate the existing Gothard Street from Ellis Avenue to Garfield Avenue and construct the realigned Gothard Street to the west from Ellis Avenue to Clay Street. The realigned segment of Gothard Street should be constructed to its ultimate four lane secondary section from Ellis to Clay Construct the ultimate nortfherty half section(60 feet,3 lanes)of Garfield Avenue from Goldenwest Street to the project's eastern border Pla nino Area D Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures lot the proposed project Contribute on a fair share basis towards the construction of the cross-gap connector Construct the ultimate southerly half section(60 feet,3 lanes)of Garfield Avenue from the projecrit western border to Goldenwest Street. Plannirw Area Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures lot the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate southerly hall section(60 leet,3 lanes)of Garfield Avenue from Goldenwest Street to the project's eastern border Transportation S At the time of Specific Plan or Tract Map approval for a given Planning Area Prior to Tentative Tract Map Approval Department of Public Works or portion thereof,a traffic study shall be completed to determine whether the incremental increase to traffic from the Specific Plan or Tract Map area causes any of the intersections under investigation to result in unacceptable levels of service. It unacceptable levels of service result,this traffic analysis shall determine the portion of the ultimate intersection improvements which are required,the phasing of the improvement and the funding source nil�t� at�ana gnitgri� r rt: e o m Checklist � � �r•'�.. �.u', ^�,�ag�°'.•>s:�� �"�"'�'� .cos :�c c � s',t>z i'!: tt 8 a„GIB w �t m JULY i 9 199 f, Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Transportation 5 II the project requires intersection improvements which are greater than the (continued) projects lair share.a reimbursable agreement shall be required of thoso subsequent developments which oontnbuie to the need lot said improvement. Transportation 6 Prior to Tract Map approval,a signal warrant analysis shall be conducted for Prior to Tentative Tract Map or CUP Department of Public Works any project access paints to the major arterial street system Approval Transportation 7 As pan of any subsequent Specific Plan or Tract Map that requires access Prior to Tentative Tract Map or CUP Department of Public Works along Garfield Avenue.an operational analysis of said access shall be Approval conducted and subrnifted for review and approval of the City Traffic Engineer. The access on Garfield Avenue shall be limited to right turn in and out.except one location,mid-block between Edwards Street and Goldermest Street. A signalized lull movement intersection shall be permiHed at this location. The access design shall be limited on Garfield Avenue and spread to other parallel artenals.such as Ellis Avenue.Clay Avenue and Yorktown Avenue Transportation 8 Prior to any Specific Plan of Tract Map approval.the Orange County Transit Prior to Specific Plan Approval Department of Public Works District shall be consulted for the need to construct bus stops.turnouts and shelters. Transportation 9 The current Southern Pacific Railroad(SPRR)easement shall be preserved Prior to Specific Plan Approval Department of Community as a transportation corridor for future use for mass transit and trails Development Air Ouafity, t To minimize dust generation during grading operations.SCAOMD Rule 403 Prior to Grading Permits Department of Public Works should be adhered to which will require watering during earth moving operalrOns. To further reduce the emissions.grading should not occur when wind speeds exceed 20 mph Air OuAhry 2 There should be support and cornpliancit with this ROMP for eut ba—to Prior to Issuani a ul tluikfwtq Pnrrnits Dupwtmunl ul PUN.,Works achieve regional air quohty The AOMP includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Energy conservation measures are also included. Specific measures which may be appropriate for the proposed project include Encourage the use of alternate transportation modes by promoting public transit usage including the designation of the transportation corridor and providing secure bicycle facilities. Provide public transit accommodations such as bus turnout lanes.park and ride areas.and bus shelters j i i i t' rn �nd:Re rtm Checklist Fz 3 5, { ill t(/y�at an:Mgrtf pr /u• po , 9 { � �� :' h .;z y��: � y� ,� {u� � � �;, T- 0 S: �i}',,:J.ity�`f ►t tangy c � r ., .. ,,, _ ..... Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Provide energy conserving street lighting. Provide traffic signal synchronization where leasible Air Ouality, 3 Because it only takes a small amount of material to generate odors,it is Ongoing Fire Department important to maintain a vary dean operation Therefore,any oil spilled on the ground should be quickly cleaned up Well sumps should be pumped out after pulling a well,and periodically in the interim Maintenance of seals and gaskets on pumps and piping should be performed whenever leaks are evident, General clean up of the site should result to significant improvements in the level of odor found in the area. Air Quality 4 Appropriately designed,vapor recovery systems which pull the gas off the Ongoing Fire Department well casing should be employed,as wail as vapor recovery systems for oil transport trucks. A similar system could be employed for any remaining storage laolities on-site Noise f Enforcement of the City of Huntington Beach Noise Ordinance should be Ongoing Department of Community implemented which limits the hours of construction to normal weekday Development working hours Noise 2 Measures should be designed to satisfy the requirement that 65 CNEL not Prior to Issuance of Building Permits Department of Community be auceeded in residential outside living areas Where residential buildings Development are to be located within these 65 CNEL contours,mrtigaaon measures should be undertaken to reduce noise to acceptable levels Mitigation through the design and construction of a noise barrier(wall,berm,or combination walVberm)is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver A noise barrier effect occurs when the 'tine of sight'between the source and receiver is penetrated by the barrier A barrier which does not break the line-of-sight is not an affective barrier, while one which just interrupts the line-of-sight achieves a 5 db reduction in noise. The greater the penetration the greater the noise reduction Increasing building setbacks should also be used to attenuate noise down to acceptable levels • e zt Y Stieort Ml.tlfy�<nf�r..r.:an9G, 3� e.z�,,.rn tmdm z.^mk eh.0 aht e`'acklist ... .. ..... ................ .............. ............... alloMittga ­ al �. . ... . .... wy a t a i n Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Noise 3 The City of Huntington Beach should require that the housing portion of this Prior to Issuance of Building Permits Department of Community project comply with the State of California Noise Insulation standards. The Development code requires that interior community noise levels(CNEL)with window closed,attributable to exterior sources shall not exceed an annual CNE L of 45 dB in any habitable room' Any measures,such as window upgrades, can be specified at the time of building permit application. Noise 4 At the time of budding permit application,the design should again be Prior to Issuance of Budding Permits Department of Community reviewed to ensure that sound mitigation is included in the design Development Noise 5 Noise levels generated by the oil operations should be mitigated to levels Prior to CUP Approval for Consolidated Department of Community consistent with the Huntington Beach Noise Ordinance,by locating Well Site Development consolidetion area(s)at least 300 feet from the nearest residential or other sensitive lard uses(locating consolidation areas within industrial use areas would be the most desirable from a noise standpoint) The oil wells could be located closer to sensitive land uses it a perimeter wall with a minimum height of 8.0 feet was utilized around the consolidation area(s) The following mitigation measures assume a 100 loot distance to receptor and the mitigation effects of an 8.0 foot sound wall. Additional analysis of the consolidation areas)will be necessary when phasing plans become available. Noise 6 The results show that in order for the drilling operations to satisfy the Prior to Specific Plan Approval Department of Community Huntington Beach Noise Ordnance outdoor standards,electric motors with Development aooustic blankets must be used. Diesel motors even when shielded by soousbc blankets will not meet the nighttime Noise Ordinance standards at the on-site and off-site residences,and will not meet the daytime Noise Ordinance standards at the on-site residences. If there are plans to conduct the drilling operations during the nighttime hours,then according to the Oil Code,the operations must be soundproofed. Acoustic blankets as well as a 8.0 foot high masonry wall along the site perimeter will likely reduce the noise levels to below the Noise Ordnance standards Noise 7 The well pumps used in the consolidation area should be submerged. If Prior to Issuance of Grading Permits Department of Community other types of well pumps such as ground level electric or diesel pumps may Development/Department be necessary. Specific mitigation measures should be presented in an of Public Works additional noise study Noise 8 Well pulling and drifting operations are confined to daytime hours(7 a m to Ongoing Department of Community 10 p.m.)by Iho Oil Code Any redrilling performed at night must provide Development soundproofing to comply with the Noise Ordnance The Ohl Code prohibits the pulling of wells during the nighttime hours(10 p.m to 7 am) Well 1 i c: n.:..'.a{�tkytre'¢.;t✓;.z.: L^'F'xc�P .7 { x s � ! �; - �i�' �■tt� ation>M�:-. tp.tlr� �(s1 e� rt, 6EC. i t r s` �.� .� >� � �, '::1Y4 .�. ��-`y'.�5,: ..A-y� '*� s: � ,a•:: X �}�6a ..'�Z'.Ii <'3xs .:.ts z � e 'w as; ,'� `: :&'x xz.�,,�; *.::. � .. . .:.K.,.. '.;:.>'�.: ,..... c '.. •. ,. � ,..,,:..qyr:` s�osyo �1X, � .r ' '� .>T:.%�nYo?n<✓K'�� •A ..�: >� 'S C..^'F., ..... ..... ... {` \ 'i:i'lv,iz'...�f',h'�;: <•➢' �' �`. ? `2 '�'1✓.. Y 4. s 'B y .... Section Mitigation Mitigation Measure Monitoring Agency Approval verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments maintenance activities should also be conducted between the hours of 7 a.m.and 10 p.m only. Although high levels of noise may be generated by routine well maintenance operations,these activities would occur inside the noise barrier surrounding the consolidation area Noise 9 Service drilling for this project will be conducted during the daytime hours Ongoing Department of Community only. Data on service drilling operations indicate that with a diesel powered Development service rig and an B loot high noise barrier,the noise level at 100 feet will likely be 55 dBA which corresponds to the City's daytime Noise Ordinance standard. AN servicing of the wells must comply with the noise standards contained in the Huntington Beach code Noise 10 Truck operatons should be limited to daytime hours only(7 a.m to 10 p in I Ongoing Department of Community Development Noise I 1 Residential development within the helicopter flight corridor should generally Prior to Tentative Traci Map Approval Department of Community be discouraged Development Noise 12 All residential buildings to be constructed within the helicopter activity Prior to Issuance of Building Permits Department of Community corridor should be designed to achieve a 25 dBA outdoor to indoor noise Development reduction Noise 13 Helicopter noise impacts should be addressed in the acoustical ➢nor to Tentative Tract Map or CUP Department of Community - assessments for residential uses within the helicopter Night corridor Any Development mitigatlon requiremenis necessary to reduce helicopter noise impacts should be included in the assessment. Noise 14 A notice(and statement of acknowledgement)to prospective homeowners Prior to Final Inspection Department of Community is required staling that the property is subject to ovortfight,sight and sound Development of helicopters associated with the polico lacihty Light and Glare I A phased landscaping program should be developed in conjunction with al Prior to Spocihc Plan Approval Department of Community future Specific Plans to ensure landscaping commensurate with residential Development and non-residential occupancy to adequately screen on-site light and glare impacts. Light and Glare 2 All outdoor lighfing should be consistent with the standards established by Prior to Specific Plan Approval Department of Community future Specific Plans to minimize off-site light intrusion Development f +fir �tl 'ati "tl i kl f�> 3` �. ref. 4rt: .olco,..n a rt n '!�hc. list M tf �. . /ny .y„o.a, s<e X , , - :#Knt. i `.,�. :�§..:. Nt' ,.y°,,x,#y: ..k,:. uv"£. .,'s,•'. ,� .i /6: ; ,�<; L T o:.y,. a il. Gen+wal <f m'endment x' y ' :;S$i�' ?sip ;@,+ •.w;... .:ukx,o-. 'xw¢ k.. : Ky.rr Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Dale Commonls Light and Glare 3 All outdoor lighting should be hooded and directed downward to minimize Prior to Final Inspection Department of Community direct light and glare impacts on public rights-of-way and surrounding Development properties. Light and Glare 4 Appropriate types and heights of street lights should be consistently Prior to Specific Plan Approval Department of Community established in future Specific Plans Street lighting should be standardized Development throughout the project area Light and Glare 5 Lighting associated with recreational uses.where applicable,should be Prior to Tentative Tract Map or CUP Department of Community designed to minimize light intrusion onto surrounding property and right-of- Approval Development ways surrounding such uses Light and Glare 6 Non-residential building materials should be consistent with architectural Prior to Future Development Approval Department of Community standards incorporated into future Specific Plans. These standards should Development address the minimization of glare Cultural t It is suggested that the research design be prepared by the Principal Prior to Issuance of Grading Permits Department of Public Works/ Resources Investigator selected to perform the work and that it be reviewed by a Department of Community second oonsultirg archaeologist. This step will help insure the Development completeness and viability of the research design prior to its implementation. The involvement of a second professional is viewed as an inexpensive means of insuring that no major elements are overlooked Cultural 2 The archaeological deposits within the Holly-Seadiff study area should be Prior to Issuance of Grading Permits Department of Public Works/ Resources subjected lo a program of excavation designed to recover sufficient data to Department of Community fully describe the sites The following program is recommended. Development Resources A.Analysis of the collections made by the Pacific Coast Archaeological Society.Long Beach State University and any community college which has such material. If the collections are properly provenienced and are accompanied by adequate documentation.they should be brought together during this phase and complete analysis performed 01 particular importance during this phase is the recovery o1 survey data to be used to determine the exact locations of previous excavation efforts. B Prior to the beginning of any excavation effort,a burial strategy should be developed by the archaeologist retained to accomplish the excavation,members of the Native American community and appropriate City Staff. The strategy should address details of the handing and processing of human remains encountered during excavation,as well as the ultimate disposition of such remains. a a xk^ < ti n �#' gx I s # ♦♦tryry ti NI glj in Fte rt�nry �heCkt[Sct d� a 4s!3s rz paar# r 9� 2 uty t ax ?a. x X. .:.i3^.5 xe` ,R.z:2's s' i ;r2.tx:`t ',' .»,,3. °`>zx> ,4 2 •.� C o�i �1[ ner Im�aandrM W:�3' a■ •r►y C ,. w,w.:C .�9:,.;, • +V� 3fo!b,�.L d`+..$^,'.'°`t�,•�.fi, vat. � ''.. ... ... , .. .,.n. :.. .. o- ... Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments C.Completion of test excavations should be made at each of the archaeological deposits. The information gained from the test excavation will guide the following data recovery excavation The excavations should have two primary goals Definition of site boundaries and depth Determination of the significance of the site and its degree of preservation D.A statistically valid sample of site material should be excavated The data recovery excavation should be conducted under the provisions of a carefully developed research design The research questions presented earlier in this repon should be incorporated into the research design,other important research questions should be developed from the test excavation data included,and a statement of methodology to be observed must be included E.A qualified observw appointed by the Principle Investigator/ Archaeologist should monitor grading of the archaeological sites to recover important material which might appear. The monitor will be assigned by the Principal Investigator This activity may require some minor delay or redirecting of grading while material is being recovered. The observer should be prepared to recover material as rapidly as is consistent with good archaeological practice Monitoring should be on a full time basis when grading is fishing pinca on or nwar an archawdogicwl depotif Howevar. Ole 9-(hng slruuld lnnoinate whoa awn hits I-— entirely removed and clearly sterile deposits exposed F.All excavation and ground disturbing observation protects should include a Native American Observer Burials are known to exist al some of the sites,a circumstance which is extremely important to the Native American community G.A detailed professional report should be prepared which fully describes the site and its place in prehistory Reports should receive sufficient distribution which includes the City,the County and the UCLA repository for archeology to insure their availability to future researchers. Mittg�tion MoitCrrg%asd'R�epArting Ch6cklst e a � xJ9 Holly Seaif#'GeneFal Plan Amendment Atz ;,, L xt f lty aiDnGh q.�t1 . t9 �t Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments H.Arrangements should be made for proper curabon of the collections, It is expected that large quantifies of material will be collected during the excavation. Curation should be at an institution which has the proper facilities for storage,display and use by interested scholars and the general public Cultural 3 The shell and lithic scatters should be subjected to test excavation to Prior to Issuance of Grading Permits Department of public Works/ Resources determine if they are or are not in situ archaeological deposits. If any of the Department of Community scatters prove to be in situ archaeological material,a site record should be Development Resources prepared and submitted to the Archaeological Survey,University of California,Los Angeles,and the site should be treated as in mitigation number one. If the sites are shown to be not archaeological in nature or not in situ,then no further action should be taken Cultural d Ground disturbing activity within the study area should be monitored by a Ongoing Department of Community Resources qualified observer assigned by the Principle Investigator/Archaeologist to Development determine if significant historic deposits,(e.g.foundations,trash deposits, privy pits and similar features)have been exposed. The monitoring should be on a full tine basis but can be terminated when clearly undisturbed geologic formations are exposed. If such exposures occur,appropriate collections should be made,followed by analysis and report preparation. Historic material may be encountered anywhere within the Holly-Seadift property,but the area around the old Holly Sugar Refinery is probably more sensitive than fha balance of the project area. Historical material recovered at the archaeological sites should be treated with those deposits. Cultural 5 The plaque commemorating oil well Huntington A-1 should be preserved. Prior to Final Inspection Department of Community Resources As development in the area continues,it may be desirable to upgrade this Services feature Cultural 6 A qualified paleontologist should be retained to periodically monitor the site Prior to Issuance of Grading Permits Department of Community Resources during grading or extensive trenching activities that cat into the San Pedro Development Sand or the Quaternary marine terrace units Cultural 7 In areas where ossils are abundant,lull-time monitoring and salvage efforts Ongoing Department of Community Resources will be necessary(8 hours per day during grading or trenching activities) In Development areas where no fossils are being uncovered.the monitoring time can be less than eight hours per day. r ito'rin Vrx?, .k. :.3.& .>: ;,� ' 1 CII etae� t - a A and t 1m17pf1 :*�A,•Y 'A#� �. f� .us`,'�8a��,�a�R"S�'� '#;'„"�i;. ,r�i` f r i�,�y, �:: 4 r' YtM,., :3"f 'b• ,� �'r'�" <y Zr: ^';�s ;�% s, x,,: >.E' .:S'a :R". � r," M ,, ., x z,,: « ✓,:, ,.?.: xi.* :d>, ,p :2:3F:. r z s•, �. , @•.,:�.xvt.'3'; ..f< .,,`Mv.. xca SR'' b ,7':N kL�2"a >,%.' ,v •� :�..'.•",n xiiv v w °{ ,:4 ..3 K„ :.Y � t .......... k i;; .>... •�.< :3�p.�,,'n ix,: .may a" :�. .:`.. �.. " ..... :....... .,... .k....., .:.v .... ... .... .., T.rN",,., ... ... :. ..... ,. k: .,. :.:.k.:..... , :Y Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Cuttural a The paleontologist should be allowed to temporarily divert or direct grading Ongoing Department of Community Resources operators to facilitate assessment and salvaging of exposed fossils. Development Cultural 9 Collection and processing of matrix samples through fine screens will Ongoing Department of Community Resources necessary to salvage any microvertabrate remains. It a deposit of Development mlcrovenebrates is discovered,matrix material can be moved off to one side of the grading area to allow for further screening without delaying the developmental work Cultural 10 All fossils and their contextual stratgraphic data should go to an institution Prior to Final Inspection Department of Community Resources with a research interest in the materials•such as the Orange County Natural Development History Foundation Biological 1 The settrhg aside of 92 acres of parks and other open space will partially Prior to Specific Plan Approval Department of Community Resources mitigate the loss of the existing open space and provide some wildlife Development habitat. Biological 2 The Specific Plan should address revegetabon on all graded areas whore Prior to Specific Plan Approval Department of Community Resources structures or other improvements are not built. In public open spade areas. Development consideration should be given to the use of native or naturalized species which reghare little irrigation and provide wildlife habitat,with a gradual transition to more ornamental species along The development edge. Biological 9 Following construction of necessary infrastructure in the main drainage Pnor to Specific Plan Approval Department of Community Resources swale,i e.utility lines,sewers,etc.,this swale should remain as open Development space. Megaton for the loss of cattail marsh habitat(0.5 acres)and willow habitat(0,5 acres)which are depicted on Exhibit 28,will take place such that a mimmum of 1.0 acre of riparian vegetation is established in this drainage swale. The plants utilized in the revegetaled area will be chosen from the recommended plant palette indicated in Appendix H. Biological 4 Through adoption of future Specific Plans large trees suitable for use by Prior to Issuance of Building Permits Department of Community Resources raplors such as the red-shouldered hawk,should be preserved or replaced Development in accordance with the tree species identified in the plant palette contained in Appendix H Biological 5 Any gracing or filling in the brackish wetlands in the western portion of the Prior to Issuance of Grading Permits Department of Community Resources project site wig be mitigated by restoration of an equal area of coastal Development wetland at a nearby location in the open space area sallMiti ati" n M .ni r'n an e m Gin_ +rrk ;g.. 4 Q. `V �. :.M. a�` 5; 4 �1.}F y'�c, •.T�.a �., M,. y f t .9 £'.r ii. •;•Ss:$r+}. ,.k .;'li:: 5 K '3<:.,,H" ✓:.5. L ..f: rk:: :tik.: 'i' /.5`. :f'.:, 3 GS,a .5 �i`u., rrii.� ,�A.: l � �k.. {.i *{ 3 „k u.Y.Y. $ F, 'b''.aM''� "K:�•v q.,yk>o r+s�:, N 1 �'S'S r..n oIC eallj[�[ enerat:Pla Qndment C =wa a �v� 'ak'•S:L'"r:,'l� .�'�^9,^.w,� �.'... .� Y.. 'o!? >,;" a' v ?.i Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Biological 6 Effects upon on-site wetlands within the jurisdiction of the California Prior to Issuance of Grading Permits Department of Community Resources Department of Fish and Game will require mitigation defined by 1603 Development permits Biological 7 DevelopmenVuse of the linear park(open space areas along the northern Prior to Development of Linear Park Department of Community Resources and northwest project boundaries)will be limited to passive recreation such Development as riding and hiking trails. Fencing and vegetative butters shall be designed to exclude humans and pets from the Boise Ohica Wetlands areas. The bluffs and other upland areas in the linear park shelf be revegetated with native plants which are adapted to coastal environments. Biological 8 The effects of night fighting can be mitigated by the following measures 1) Prior to Development of Linear Park Department of Community Resources use of low intensity street lamps at the development edge; 2) use of low Development elevation lighting poles;and 3) shielding by internal silvering of the globe or P internal opaque reflectors. The degree to which these measures are utilized should be dependent upon the distance of the light source to the urban edge. Use of private sources of illumina0on around homes should also be restricted to prohibit area lighting on lots adjacent to open space areas Natural 1 Buidng construction should comply with the Energy Conservation Prior to Tentative Tract Map Approval Department of Community Resources Standards set forth in Title 24 of the Cafitomia Administrative Code, Energy Development conservation features should include: Installation of thermal insulation in walls and ceilings which meet or exceed State of California,Title 24 requirements. •Insulation of hot water pipes and duct systems. •Use of natural ventilation where possible. Use of natural gas for space healing and 000king. •Installation of attic fans or other ventilation devices Orientation to sunlight and use of overhangs. Landscaping with deciduous trees,to provide shade in the summer months and allow sunlight through in the winter months. Natural 2 It is recommended that the developer consult with both the Southern Prior to Issuance of Building Permits Department of Community Resources California Gas Company and Southern California Edison during the building Development design phase for hither energy conservation measures. • • i i i � �- patio o' o <a I7dA$ rung Chf3f;,klist s a o acii aa en . flannndment �� tuLY Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary' Milestone Responsible Party Complete Date Comments Oil Facilities I Future Specific Plan(s)should include an area or areas for the consolidation Prior to Specific Plan Approval Fire Department/Department of oil well facilities of Community Development Oil Facilities 2 All new development proposals should be accompanied by Pnor to Tentative Tract Map or CUP Fire DepartmenVDepartment Approval of Community Development •A plan which addresses the requirements for abandoned wells •The abandonment plans for extsang wells •The operational plans for any remaining wells and facilities These pans must sabsty the requirements of the City of Huntington Beads and the Division of Oil and Gas. Oil Facilities 3 The criteria for the approval of development plans within oil districts should Prior to Tentative Tract Map or CUP Fire Department Include Approval (a)That enough open space has been reserved around the oil operation site to allow existing and future equipment which could reasonably be expected to be used on the site,including any setbacks from new development required by the Fire Chief (b)That adequate access to all operation sites is provided for portable equipment and emergency vehides (c)That reasonable expansion of the existing facrl+aes,0 permitted in the oil district,can be accomplished. (d)That any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief. (e)That screening of al facilities from any new development is included in the plan(section 9680.4.Article 968 OIL DISTRICTS. City of Huntington Beaus Municipal Code). Oil Facilities 4 As future development occurs,continued subsidonce rate monitoring for the Ongoing Fire Department region of the subject site is necessary to determine if subsidence rates are dedining with current water injection methods being used at operating oil production facilities. Source Relerence Final EIR No 89.1 Adopted 118190.Huntington Beach City Council Resolution No 6097 Rltitigation Ma�itorjrg end Reporting Checklist YM yy.,c�.. `•k M'3'{'Y o\ ; till `Secllfenerat Plan Amendmentf� a;s, ,�:. i ,$:.•>.:»':;.:I�''�%.' ''a;�', .,es;rr�c+ w r v,. ::: Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments oB Fadities 5 The use of post-tensioned stabs should be considered to the foundation Prior to Issuance of Building Permits Department of Community design in order to eliminate distress to structures and slabs from minor Development regional subsidence Although this measure will provide for a more rigid slab,it will by no means eliminate distress to foundations resulting from the rapid subsidence of the land from continued oil and gas withdrawal oil Facilities 6 All other mitigation measures pertaining to ai contamination,methane gas Prior to Tentative Tract Map or CUP Fire Department accumulation and other hazards are contained in other sections of this EIR. Approval as previously noted Human Health t Prior to grading and development,a site reconnaissance should be Prior to Issuance o1 Grading Permits Department of Public Works and Safety performed including a phased Environmental Site Assessment to evaluate areas where contamination of the sur icial says may have taken place. The environmental assessment should evaluate existing available information pertinent to the site and also undertake a limited investigation of possible on- site contamination Phase I should include a.Review of available documents pertinent to the subject site to evaluate current and previous uses b.Site reconnaissance to evaluate areas where contamination of surfiaal soils may have taken place. c.Excavation and testing of oil samples to determine presence of near surface contamination of soil d.Subsurface exploration to determine presence of sumps on-site Testing of possible drilling fluids for heavy metals. e.Completion of sal gas vapor detection excavations located adjacent to the existing on-site wells 1-Testing of air samples for gas vapor,methane gas and suffix compounds. 3 e� _ a k sj e t a s e vw x£ rxa 3 j. Rli JU Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary' Milestone Responsible Party Complete Date Comments Oil Facilities 1 Future Specific Plants)should include an area or areas lot the consofidaticxx Prior to Specific Plan App'oval Fire Department/Department of all well facilities of Community Development Oil Facilities 2 All new development proposals should be accompanied by Prior to Tentative Tract Mac or CUP Fire Department/Department Approval of Community Development •A plan which addresses the requirements for abandoned wells •The abandonment plans for existing wells •The operationai plans for any remaining wells and facilities These pans must satisty,the requirements of the City of Huntington Beads and the Division of Oil and Gas Oil Facilities 3 The criteria for the approval of development plans within oil districts should Prior to Tentative Tract Map or CUP Fire Department include Approval (a)That enough open space has been reserved around the oil operation site to allow existing and future equipment which could reasonably be expected to be used on the site,including any setbacks from new development required by the Fire Chief. (b)That adequate access to all operation sites is provided for portable equipment and emergency vehicles (c)Thal reasonable expansion of the existing facilities,if permitted in the oil dstnct can be accompltsMrd (d)That any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief. (e)That screening of al facilities from any new development is included in the plan(section 9680 d,Article 968 OIL DISTRICTS. City of Huntington Beach Municipal Code). Oil Facilities 4 As future development occurs,continued subsidence rate monitoring for the Ongoing Fire Department region of the subject site is necessary to determine if subsidence rates are declining with current water injection methods being used at operating oil production facilities. Source Reference FlnalEIR No,89-1 Adopted 1/Br90,Huntington Beach Ctry Council Resolution No 6097 MRti(�aton'MA itnrl�ry �nc1 Re ttm :;Gheckl��t �� � ,�,� � £,�• ��� £N'oll`.�..eacllff�en'erat PIan�Amendment r � < '°� Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Oil Facilities 5 The use of post tonsroned stabs should be considered w the louodahon Prior to Issuanun of Buodrrg Permits Department of Community design in order to eliminate distress to structures and slabs from minor Development regional subsidence. Although this measure will provide lot a more rigid slab,it will by no means eliminate distress to foundations resulting from the rapid subsidence of the land from continued oil and gas withdrawal. Oil Facikties 6 All other mitigation measures pertaining to oil contamination,methane gas Prior to Tentative Tract Map or CUP Fire Department accumulation and other hazards are contained in other sections of this EIR. Approval as previously noted Human Health t Prior to gradrg and development,a site reconnaissance should be Prior to Issuance of Grading Permits Department of Public Works and Safety performed including a phased Environmental Site Assessment to evaluate areas where contamination of the surfical sails may have taken plane. The environmentai assessment should evaluate existing available information pertinent to the site and also undertake a limited investigation of possible on- ithe contamination Phase I should include a,Rewew of available documents pertinent to the subject site to evaluate current and previous uses. b.Site reconnaissance to evaluate areas where contamination of surfiaaf soils may have taken place c.Excavation and testing of oil samples to determine presence of near surface contamination of soil, d.Subsurface exploration to determine presence of sumps on-site Testing of possible drilling fluids for heavy metals. e.Compietion of soil gas vapor detection excavations bated adjacent to the existing on site wells f Testing of air samples for gas vapor,methane gas and sulfur compounds. ::A :.� � � '..y s ,rw:.k. ':s 5 ',g r '.a ✓.. v s^�: ..s,,,?f' s. ;�.a�f'�w, w `;fie; a`;��'^`''rd �,` ,x::•^kg ar'�8'af:� r: -,, k' .::.ri .. :;:. �3^'.s ,,,;;°SE ''�'- /i' ',x Y..A r s six �. ,..r.•>.;:'*3z� a. ,. >.�,: a' �wn��•s� r���. �rta�!��lt�zf " ;,..�: ,�04� � ��":d � `•'�•'..,�,/�'����:��nv 2�, .."' IF I Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Human Health 2 The actual site characterization and remedial action plan would be Prior to Issuance of Grading Permits Department of Public Works and Safety developed as part of a later phase.Upon completion of the Environmental Assessment,a Remedial Action Plan can be developed This plan should address the following items a.Treatment of possible crude oti contaminated soils. A possible solution to this condition would be aeration of the contaminated soils to release the volatile gases and then incorporation of the treated soils into the roadway fills(subgrade) b.Treatment of possible drilling sumps by either on-site disposal of non-contaminated drilling fluids or off-site disposal of contaminated fluids c.Treatment of the possibility of the accumulation of methane gas. Human Health 3 Prior to development,a thorough site study for the presence of surface and Prior to Issuance of Building Permits Fire Department and Salary shallow subsurface methane gas should be performed. Any abnormal findings would require a Remedial Action Plan and further studies to assure sufficient miepabon of the hazardous areas prior to building construction AN structures should have a gas and vapor beater installed underneath the slabs end foundations. Gas collection and ventilation systems should be installed over abandoned wells which are underneath or within ten(10)feet of any structure,and over wells which show evidence of surface emissions of methane gas. Additionally.following construction of structures,an organic vapor analysis should be conducted and the results evaluated to assure that acceptable air quality is maintained within buildings and residences, Human Health a The presence of methane gas on-site should be the subject of future studies Prior to Issuance of Building Permits Department of Public Works/ and Safety that include the following tasks: Fire Department a.Drilling of test wells to monitor for subsurface methane deposits and confirm or deny the presence of biogenic methane bearing strata near the surface in the development area b Shallow excavation and sampling in areas either known or assumed to be potential drilling mud sumps. c Vapor monitoring of shallow vapor probes placed at strategic locations on the site and collection of soil vapor samples, `<hlf� ( atial�: ni r n /h�►{{��.�ta���yy ��'�rr <. ,e�';z ,.., �.,: �''x a� '�„xfoyws:� ��: �� 'r a ,-.:;.v �+ � `a`�. 's ,.. y;,.:. >.,. 4,.�, .t zr3s „< 9' ,� .r,r `vd' C ✓ 3`" v'y'3' ,..�,%`'' 3, FZ.,�.,,>a::. Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments d.Vapor survey areas adjacent to known abandoned oil wells, e laboratory analysis of selected soil samples for metals and soil vapor samples for gases. Human Health 5 Oil wells scheduled for abandonment should be completed in accordance Prior to Issuance of Building Permits Fire Department and Safety with ft standards and specifications of the City of Huntington Beach and the Calilomia Division of Oil and Gas. Wells which have previously been abandoned must be reabandoned to the most current requirements of the City of Huntington Beach and the Division of Oil and Gas Human Health 6 Existing oil production lines are located throughout the site Treatment of Pnor to Issuance of Grading Permits Department of Public Works and Safety these lines will depend on proposed land use and development. Utility lines should be relocated and or removed with the trench being filled with compacted fill. Human Health 7 An inventory of all hazardous materials used and stored by industries Ongoing Fire Department and Safety locating within the project area should be maintained and recorded for use by the City Fire Department. This inventory should include the location at which each hazardous material is used Human Health 8 The use,storage and disposal of hazardous materials should be enforced Ongoing Fire Department and Safety by City of Huntington Beach to provide the greatest possible protection to the public hom accidental occurrences. Human Health 9 Active wells remaining on-site should be secured and screened as required Prior to Issuance of Building Permits Department of Community and Safety by the City of Huntington Beach, Development Human Health 10 Prior to development,is review of available public health records should be Prior to Tentative Tract Map Approval Department of Community and Safety performed to evaluate possible public health risk sites in the vicinity of the Development subject site. Public Services 1 Access roads to oil production areas should be provided where appropriate Prior to Grading Permils/ongoing Department of Public Works and Utilities and kept unobstructed to prevent adverse impacts on fire protection due to ongoing oil production. Public Services 2 Measures to eliminate or reduce fire and safety risks from existing and Prior to Issuance of Building Permits Fire Department and Utilities abandoned of production facilities and disposal areas are discussed in the Human Health and Safety section of this EIR. I • . e r I „� �'Y � >� `y�r,r y �ss fx e f . Amendnnen �` _ a , .' a, ,s..•,..ab .., w h h� x�i%' sry. .,l �` 4 n a k >nuffaml Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Public Services 3 The Huntington Beach Fire Department should review all developments Prior to Issuance of Building Permits Fire Department and Utilities within the area for adequate emergency vehicle access and water pressure Public Services 4 The City should budget for additional officers to correspond with phasing of Ongoing Fire Department and Utilities development in the project area. Pudic Services 5 The City should enter into an agreement with major landowners to dedicate Prior to Specific Plan Approval Department of Community and Utilities designated parklands prior to or concurrent with development in each Development Planning Area. Pudic Services 6 The City should adopt a plan for acquisition and development of land within Prior to Development Within That Area Department of Administration and Utilities the Central Park expansion area north of Ellis Avenue Pudic Services 7 The City should create a special assessment district(s)for the development Prior to Development Within That Area Department of Administration and Utilities and maintenance of public trails and parklands within the project area. Pudic Services 8 With future development,the community enrichment fee should be paid to Prior to Issuance of Building Permits Department of Community and Utilities help fund the library expansion program, Development Public Services 9 The GPA designates a silo for a now elementary school to serve students Prior to Genoral Plan Amendment Department of Community and UObies generated by residential development within the project area Approval Development Public Services 10 The school district and major landowner should enter into an agreement for Ongoing Department of Community and Utf hies acquisition or lease of the site as pan of implementation of this GPA Development Pudic Services 11 Developers should pay school impact fees to finance construction of Prior to Issuance of Building Permits Department of Community necessary school facilities. Development Public Services 12 The Huntington Beach Union High School District should coordinate its Ongoing Department of Community and Utilities expansion plans with phasing of development within the project area and Development surrounding areas. Public Services 13 To reduce the proposed projects impacts on waste disposal facilities,project Prior to Issuance of Building Permits Department of Community and Utilities designs should develop a means of reducing the amount of waste Development generated both during construction and when the project is in use Potential ways of reducing project waste loads include implementation of recycling programs,and utilization of low water use landscaping Public Services 14 The developer should contact the solid waste disposal firm during the Prior to Tentative Tract Map or CUP Department of Community and Utirtes design stage to ensure the most efficient and economical means for rubbish Approval Development removal. The design should include rubbish enclosures,projected travel areas,and turnabouts where necessary. Provisions for recycling should be included in future project designs Source Reference: Final EIR No 89-1 Adopted 111r90,Huntington Beach City Council Resolution No 6097 a r ,•:a':xr«v s x::: a a .k'Y ..2�:roti::as r w;•K',..,,' '$'.� h'Xq .., x R f -t�o�l :S�' toll �GenAr E'I�fani:A a dM1en y{� q•. ,�3a, ,.:� .�i..R�: � F,s � ✓� by k y,Y». s fi G,.,.s.ar•,,„( 't�.�. �..k:F . '. z,' peace k s as r4sm� 'r s JUG, 3 K Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No, Requirement Summary Milestone Responsible Party Complete Date Comments Pudic Services 15 Building construction should comply with the Energy Conservation Prior to Issuance of Building Permits Department of Community and Wities Standards set forth in Title 24 of the Californian Administrative Code. Development Public Services 16 It is strongly recommended that developers consul)with the Southern Prior to Tentative Tract Map or CUP Department of Community and thities California Gas Company and the Southern California Edson Company for Approval Development further energy conservation measures Public Services 11 Developers should submit to SCG and SCE planning divisions all tract maps Prior to Tentative Tract Map or CUP Department of Community and Utilities and improvement plans for the project so that proper planning,phasing and Approval Development sizing of needed mains and service lines can be designed Pudic Services 19 Building construction should comply with the standards and specifications of Prior to Issuance of Building Permits Department of Community and Utilities the General Telephone Company and Rogers Cable TV Company Development Public Services 19 Developers should submit to GTE and Rogers Cade TV Company all tract Prior to Tentative Tract Map or CUP Department of Community and Utilities maps and improvement plans for the project so that proper planning, Approval Development phasing,sizing and maternal ordering for service lines can be made. Water Fe aties 1 Development of the proposed project should occur concurrently with Prior to Tentative Tract Map or CUP Department of Public Works development of the City's water system improvements to allow for adequate Approval water service to the site Water Facilities 2 All proposed development should comply with the phasing and design of Prior to Tentative Tract Map or CUP Department of Pubic Works water facilities as shown on the water facilities map so as to provide Approval adequate looped systems to service the adjoining properties Water Facilities 3 As Future development occurs prior to the issuance of Use and Occupancy Prior to Final Inspection Department of Public Works permits,developers should construct the necessary water service lines to individual residences and lots Water Facilities 4 As Future development occurs,no permits for Use and Occupancy should Prior to Issuance of Building Permits Department of Public Works be issued unlit the Reservoir Hill booster pump station and the increase in storage capacity are complete and operating to the satisfaction of the City Water Division so as to provide adequate water service to each development. r I srs-sc\ SL`:f&.�'h�:a. i.;�gm,°.:., .5 ,;.r j,�� y, „h .n:' q::. �,Pi/fir✓�v •'s r ,s5 ',s •5 , �,..: i;:<,." > ys s.:.of I RYA.ieYm: `'' '..�0 .3>,: .. ! ,: ;�Rn '.::. 3xo".e'..:: .,.. ..., .,... .•�'1".�: 4 q.•...:..�7N:h .... ..: �w ..:: .... <S .....,.7i<.F.., ,. i ... .. .y^,�.?F,�,., :...�',L� : .:,�"X:.,..:.k' ......)i"•Y,"k:."�n'Hi.n �i�'ia.. Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Water Facilities 5 The following water conservation measures shah be implemented by Prior to Issuance of Building Permits Department of Community developers as required by state law and by the City Water Division: Development a.Low-flush toilets. b.Low-flow showers and faucets. c.Insulation of hot water lines in water recirculating systems. d.Compliance with water conservation provisions of the appropriate plumbing code. Water Facilities 6 Irrigation systems which minimize water waste should be used to the Pnor to Issuance of Building Permits Department of Community greatest extent possible. Such measures should involve such features as Development/Department the following', of Public Works a.Raised planters and bermng in corijunction with closely spaced low volume low angle(22.1/2 degrees)sprinkler heads. b.Drip irrigation. c.Irrigation systems controlled automatically to ensure walering during early moming or evening hours to reduce evaporation losses Water Facilities 7 Developers and the City should provide information to occupants regarding Prior to Final Inspection Department of Public Works benefits of low water use landscaping and sources of additional assistance for domestic and irrigation water conservation procedures Waer Facilities 6 Lardanping should use only low water demand(drought-tolerant species) Prior to Issuance of Building Permits Department of Public Works and irrigation systems designed to minimize water waste The use of mulch extensivety in all landscaped areas is strongly recommended Water Facilities 9 Minimize use of lawns and utilize water season,drought tolerant grasses. Prior to Issuance of Building Permits Department of Public Works Water Facilities to Use pervious paving material whenever feasible to reduce surface water Prior to Issuance of Building Permits Department of Public Works runolf and aid in groundwater recharge. Water Facities 11 Control slopes and grades to discourage wafer waste through runoff. Prior to Grading Permits Department of Public Works �:till�titin t Ah� $y�. i till: '3 ac1 e,dal s Section Mitigation Mitigation Measure Monitoring Agency Approval Verilication of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Water Facilities 12 As future development occurs.no permits for Use and Occupancy should Prior to Issuance of Building Permits Department of Public Works be issued until additional water supplies as detailed in the 1988 Water Master Plan are implemented by the City Water Division so as to provide adequate water supplies to each development Water Facilities 13 Developers should consult the City Water Division during design and Prior to Tentative Tract Map or CUP Department of Public Works construction phases for further water conservation measures to review Approval irrigation designs and drought tolerant plant use. Water Facilities 14 As development occurs,par to approval of future building permits. Prior to issuance of Building Permits Department of Public Works complete landscape and irrigation plans should be submitted to and approved by the Water Division Water Facilities 15 In order to connect to the Orange County Water District's'Green Acres- Prior to Tentative Tract Map or CUP Department of Public Works system of reclaimed water(as described and detailed in the 1988 City of Approval Huntington Beach Water System Master Plan),the project developer should at this time construct and utilize a reclaimed water system for on-site irrigated areas and equestrian trails. Sewer Facilities t Detailed sewer studies should be prepared by a licensed civil engineer as Prior to Specific Plan Approval Department of Public Works required by Cte City so as to precisely calculate the required sewer main sizes. These calculations may be used to adjust the suggested pipe sizes proposed for the E.I.R and should be completed for each tributary area prior to the approval of Specific Plans Sewer Facilities 2 All proposed development should comply with a phasing plan and the Prior to Issuance of Building Permits Department of Public Works design of sewer facilities as shown on the sewer facilities map. This would provide adequate connections to service adjoining and upstream properties All required easements for sewer facilities should be in place prior to the issuance of a building permit of the subject property Sewer Facilities 3 New development should be phased corresponding to the curtailment of Prior to Issuance of Building Permits Department of Public Works waste water discharge from existing oil production as required for adequate pipe capacity lbws. Sewer Facilities 4 Development of the areas tributary to the Slater Avenue Pump Station Prior to issuance of Building Permits Department of Public Works should be postponed until the pump station improvements are completed or until other interim methods are approved Sewer Facilities 5 AD industrial and commercial users should take on-sire measures to reduce Ongoing Department of Public Works the bad strength of their sewerage discharge. e i Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Water Facilities 12 As future development occurs,no permits fix Use and Occupancy should Prior to Issuance of Building Permits Department of Pubic Works be issued unit additional water supplies as detailed in the 1988 Water Master Plan are implemented by the City Water Division so as to provide adequate water supplies to each development. 'afer Facilities 13 Developers should consult the City Water Division during design and Prior to Tentative Tract Map or CUP Department of Public Works constriction phases lot further water conservation measures to review Approval irrigation designs and drought tolerant plant use. Water Facilities 14 As development occurs.prior to approval of future budding permits. Prior to Issuance of Building Permits Department of Public Works oompletsi landscape and irrigation plans should be submitted to and approved by the Water Diviwn. Water Facilities 15 in order to connect to the Orange County Water District's*Green Acres* Prior to Tentative Tract Map or CUP Department of Public Works system of reclaimed water(as described and detailed in the 19811 City of Approval Huntington Beach Water System Master Plan).the project developer should at this time construct and utilize a reclaimed water system for on-site irrigated areas and equestrian trails. Sower Facilities I Detailed sewer studies should be prepared by a licensed civil engineer as Prior to Specific Plan Approval Department of Public Works required by the City so as to precisely calculate the required sower main sizes. These calculations may be used to adjust the suggested Poo sizes proposed for On E.I.R.and should be completed For each tributary area prior to the approval of Specific Plans. Sewer Facilities 2 All proposed development should comply with a phasing plan and the Prior to Issuance of Building Permits Department of Public Works design of sewer facilities as shown on the sewer facilities map. This would provide adequate connections to service adjoining and upstream properties All required easements for sewer facilities should be in place prior to the issuance of a building permit of the subject property. Sewer Facilities 3 Now development should be Owed corresponding to die curtailment of Prior to Issuance of Building Permits Department of Public Works waste water discharge from existing oil production as required for adequate Poe capacity flows. Sewer Facilities 4 Development of the areas tributary to the Slater Avenue Pump Station Prior to Issuance of Building Permits Department of Public Works should be postponed until the pump station improvements are completed or until other interim methods are approved. Sewer Facilities 5 All industrial and commercial users should take on-site measures to reduce Ongoing Department of Pubic Works the load strength of their sewerage discharge. . y"• .r: vfy 6,�/°5's"7:iA�... 'b'a, s,H°;s,�'s':y. "%�':: <>r „�.3_: ✓. SH;; �`> x�xF :?iF ff1�� �.. .�> c',:1,,u`�y' 3 '.zv�„'� x x,,,�. "vAM afl: flenera Pa . mndment; x x £ w b : v R..:. "F°,.,..fe i•,.y e "� �1. �?%�'s A�: ,� �'✓ .�' lig'k � ��.� a .Y �£ ! Y.r, .�:s 9 � ;s yam£ 'Y 5� off. �jy� oy�¢§'£1 a��c x x z��.�£ ,r�{��( re'. .$. (* * ' # £ �':.S�PK'^.j F 1'✓r 1ryj;Rl,��.f t 'c 1..: J N.,'j r'ttf E Y 5 r.�0�7{ .: � Section Mitigation Mitigation Measure Monitoring Agency Approval Verification of Completion Reference Measure No. Requirement Summary Milestone Responsible Party Complete Date Comments Sewer Facilities 6 Developers should pay the required connection fees to either O.C.S.D. Prior to Issuance of Building Permits Department of Public Works No.3 or O.C.S.D.No.11,whichever is higher at the time of connection to County Trunk lines. Sewer Facilities 7 Each development should be responsible for the construction of sewer Prior to issuance of Building Permits Department of Public Works facilities within their project and/or olf-site facilities necessary to serve the development. It it is required to oversize these facilities so as to serve other future projects,the developer can enter into a reimbursement agreement with the City so that future developers pay their fair share when they develop. This reimbursement procedure is per the City Ordnance Code Sewer Facilities 8 Discretionary permits should not be approved for development of an Prior to Issuance of Building Permits Department of Public Works area until adequate sewer service alignments and capacities are demonstrated. r RESOLUTION NO. 1450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH ACCEPTING THE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 89-1 AS ADEQUATE FOR GENERAL PLAN AMENDMENT NO. 91-2 WHEREAS, an Addendum to Final Environmental Impact Report No . 89-1 has been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Addendum to Final Environmental Impact Report No . 89-1; and All persons and agencies wishing to respond to notice duly given have been heard by the Planning commission either through written notice or during a public hearing on September 17, 1991, and such responses and comments as were made were duly noted and responded to; and The Planning Commission contemplates and directs continuing compliance with CEQA and the Guidelines as necessary in the implementation of the project; and This Planning Commission by this Resolution accepts the Addendum as adequate as required by Section 15091 and 15093 of the i CEQA Guidelines . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach as follows : SECTION 1 . The Planning Commission does hereby find that the Addendum to Final Environmental Impact Report No. 89-1 has been completed in compliance with the California Environmental Quality Act and all State and local guidelines therefore. , 1 SECTION 2 . The Planning Commission has considered all significant effects detailed in the Addendum to Final Environmental Impact Report No. 89-1, together with existing and proposed measures to mitigate such significant effects . SECTION 3 . The Planning Commission further finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with General Plan Amendment No . 91-2 can be eliminated or reduced to a level of insiginificance. SECTION 4 . The Planning Commission of the City of Huntington Beach does hereby recommend that the City Council accept as adequate the Addendum to Final Environmental Impact Report No. 89-1. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting thereof held on the day of 1991. Director of Community Chairman of the Development Planning Commission RESOLUTION NO. 1451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING GENERAL PLAN AMENDMENT NO. 91-2 WHEREAS, the Planning Commission of the City of Huntington Beach, California, desires to update and refine the General Plan in keeping with changing community needs and objectives; and Amendments to the General Plan are necessary to accomplish refienement of the General Plan; and General Plan Amendment No . 91-2 proposes to amend the Land Use Element of the General Plan by: 1. Shifting 7 acres of commercial from the southeast corner of Garfield Avenue and Edwards Street to the southwest corner of Garfield Avenue and Goldenwest Street . 2 . Shift residential densities near the intersection of Garfield Avenue and Main Street . 3 . Relocate oil consolidation sites to the industrial areas between Goldenwest Street and Gothard Street . The Planning Commission has recommended to the City Council that General Plan Amendment No . 91-2 be adopted . A public hearing on the adoption of General Plan Amendment No . 91-2 was held by the City Planning Commission on September 17, 1991 in accordance with provisions of the State Government Code; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Huntington Beach, California, hereby approves said amendment to the General Plan of the City of Huntington Beach and • recommends adoption by the City Council . PASSED AND ADOPTED by the Planning Commission of the City of Hunt ingt-ori---Beach, California, on the 17th day of September, 1991. _.. Director of Community Chairman of the Development Planning Commission huntington beach department of community development staff i REPO 1 TO: Planning Commission FROM: Community Development DATE: October 29, 1991 SUBJECT: ZONE CHANGE NO. 90-10/CODE AMENDMENT NO. 90-10 (CONTINUED FROM THE OCTOBER 8, 1991 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 REOUEST: Establish the Holly-Seacliff Specific Plan which contains the zoning and development standards for 569 acres in the 780 acre Holly-Seacliff Master Plan area . LOCATION: Area generally bounded by the Edwards Bluff on the west, Seacliff Golf Course on the south, Main Street on the east and Ellis Avenue on the north. 1 . 0 SUGGESTED ACTION: Motion to : "Approve Zone Change No . 91-10 and Code Amendment No . 91-10 with modifications proposed by staff and based on findings and forward to the City Council for adoption. " 2 . 0 GENERAL INFORMATION: On January 8, 1990, the City Council adopted the Holly-Seacliff Master Plan and certified Final Environmental Impact Report No . 89-1 for the Holly-Seacliff area . The Master Plan designates types of land uses and densities while Final Environmental Impact Report No . 89-1 addresses environmental impacts resulting from future development in the area . In order for development to occur, staff is recommending that a Specific Plan be adopted for a portion of the Holly-Seacliff Master Plan area in order to fully address the goals and policies in the Master Plan and to implement the mitigation measures in Final Environmental Impact Report No . 89-1 . The City of Huntington Beach has initiated Zone Change No . 91-10 and Code Amendment No . 91-10 in order to establish the Holly-Seacliff Specific Plan for 569 acres in the Holly-Seacliff Master Plan area . 2, A-F M-23C ATTAC�► LN 1_ . T r At the September 17 and October 8, 1991 Planning Commission meeting and October 22, 1991 Study Session, several concerns were identified. The following is a response to the concerns : Different Classifications for Planning Areas : The Holly-Seacliff Specific Plan contains planning classifications which differ from City-wide zoning designations . Staff recommends that each planning classification contained in the Specific Plan be defined in definition section of the Specific Plan. Also, staff is recommending that an existing zoning map be added to the Specific Plan . Relationship of Development Agreement No 90-1 and the Proposed Holly-Seacliff Specific Plan As discussed at the october 8, 1991 Planning Commission Study Session, the Development Agreement executed between the City and Garfield Partners on January 8 , 1990, allows the developer to build up to 3 , 780 units under the existing zoning regulations . The developer understood at the time the Development Agreement was prepared that a Specific Plan would be necessary in order to create a greater diversity of housing products than is permitted under the existing zoning regulations . However, the City is under no obligation to approve the Specificv Plan as drafted . Legal Counsel for Pacific Coast Homes has prepared a response to this issue . The response (see Attachment No . 1) states that the total number of units (3 , 780) which the Holy-Seacliff Masterplan permits is a vested number . Staff recognizes the vesting and still maintains that the type of product can be determined through the public hearing process . Oil Overlay Zones : Staff has added an existing zoning map to the Specific Plan in order to identify the properties which currently have "0" and "O1" Oil production suffixes . The Specific plan is structure so that all properties with an "0" suffix and rehabilitate and modernize and existing oil well . The Specific Plan centralizes the area for new oil well drilling into the industrial land us,e areas between Goldenwest Street and realigned Gothard Street adjacent to Garfield Avenue. Staff feels that the industrial land use areas are appropriate for new oil drilling and future oil consolidation sites . Access and Circulation on realigned Gothard Street between Ernest Street and Garfield Avenue: Staff recommends that the arrow on the east side of realigned Gothard Street be deleted from the circulation plan and add language to the Specific Plan which states that access to future residential projects will be determined at the project level . Also, staff recommends that a raised median be constructed in order to control cross traffic movements and provide additional landscaping . In response to a concern expressed by existing industrial business owners , a modified median can be designed to provide left-turn access . Staff Report - 10/29/91 -2- (1243d) Traffic Concerns The traffic studies contained in the Final Environmental Impact Report No . 89-1 which covered the Holly-Seacliff Masterplan and the proposed Holly-Seacliff Specific Plan assume that the Bolsa chica cross-gap connector road will be in operation prior to final build out of the Holly-Seacliff area . If the cross-gap connector is not approved the Holly-Seacliff area will be re-evaluated in order to analyze levels of service and provide alternative recommendations . Non-Arterial Circulation Plan and Access Points The Traffic Engineering Division of the Public Works Department has reviewed both the Specific Plan and the Technical Appendix, which includes detailed street alignment plans , striping plans , intersection details , and traffic control (signal) locations and interconnect systems . Based on the proposed land uses and traffic volumes and movements , the Traffic Engineering Division established additional operation criteria for specific planning units and access points (please refer to page 8b of the Technical Appendix) . In particular , the proposed access to Planning Units II-e and II-4 was determined to be acceptable if limited to right turn in, right turn out movements only. Since the "arrow" designation is used where left turns could be permitted, it would be appropriate to remove the arrow at this location based on the above operational criteria . Additional access points to those indicated may be proposed at the tentative tract map submittal stage and approved as deemed appropriate by the Public Works Department . Local street layouts within the Planning Areas are not intended to be included within the Specific Plan, since tract design is not part of the Specific Plan process, and will be the subject of separate plan review during the tentative tract map review process . Proposed collector streets within the Specific Plan area are illustrated on Exhibit 7, Circulation Plan. Only one ( 1) collector street is proposed to be a private street and is indicated by an asterisk within Planning Area II . With respect to the alignment of the collector street relative to the transportation corridor, the Southern pcific Railroad has reviewed the Proposed alignment and does not object to a non-perpendicular crossing . Again acres to the transporation corridor will be provided at this point . Bus Turnouts The language in Section 7 on page III-4 requires all developers to consult with the Orange County Transit Authority (OCTA) prior to approval of tentative tract maps or issuance of building permits for locations of bust stops , turnouts and shelters . Additionally, bus stops are addressed on page II-5, II-6 and II-17 . Locations of existing Orange county Transit District bus stops are illustrated on Exhibit 10, Community Theme Plan. Additional bus stops and/or bus turnouts may be requested by OCTA as development in the area occurs . Staff Report - 10/29/91 -3- (1243d) Railway Access On October 8 , 1991 , the Southern Pacific Transportation Company accepted the recommendation made by the Traffic Engineer and Planning which provides access at Main Street and also on both the north and south sides of a future collector street which crosses the Transportation Corridor (see Attachment No. 2) . Transportation Corridor Staff has revised its recommendation regarding the setbacks along the Transportation Corridor . Staff is currently recommending a 10 foot setback from the Transportation Corridor to any habitable structure and a zero (0) setback adjacent to non-habitable structures or open space areas . Traffic Concerns The traffic studies contained in the Final Environmental Impact Report no . 89-1 which covered the Holly-Seacliff Masterplan and the proposed Holly-Seacliff Specific Plan assume that the Bolsa Chica cross-gap connector road will be in operation prior to final build out of the Holly-Seacliff area . If the cross-gap connector is not approved the Holly-Seacliff area will be re-evaluated in order to analyze levels of service and provide alternative recommendations . Equestrian Link to the Bolsa Chica Linear Park In order to better provide equestrian trail connections to the Bolsa Chica Linear Park equestrian trail system, increase community service and reduce the possibility of future traffic conflicts between vehicles and equestrians , staff recommends that the proposed Specific Plan provide an equestrian trail link west of Edwards Street on the north side of Garfield Avenue . This will provide an internal loop system which will enhance the equestrian component and prevent future traffic conflicts between vehicles and riders . Density Transfer The proposed Specific Plan contains language which permits density transfer between planning areas (see page IV-4) . The City Attorney' s office has indicated that the density transfer is legal if the total overall number of units adopted in the Masterplan are not exceeded, and that the resulting density after the transfer does not exceed the General Plan. Variances and Special Permits Variances , according to State Law and local ordinances , should be based on a land related hardship and special circumstances . Special permits are based on the rationale that minor deviations from development standards will result in a better project in terms of architecture or design. Staff Report - 10/29/91 -4- (1243d) r. All residential areas are separated from industrial areas by streets ranging from 60 to 120 feet in width. As indicated on page III-3 and illustrated on Exhibit 16, the Specific Plan requires landscaping and solid screen walls to further separate these uses . Site-specific treatment of these edges beyond the minimum requirements will vary depending on the specific residential product type and design (residential densities across from industrial areas include estate, low, medium, and medium-high) . Should the Planning Commission desire additional design controls , language which requires orientation of future residential away from industrial uses, prohibiting openings in new industrial buildings towards residential uses and possible intensified landscaping can be added to the Specific Plan. Development Standards The proposed Holly-Seacliff Specific Plan contains development standards for planning areas which are different from existing development standards contained in the City' s Ordinance Code . The lot sizes for single family detached dwellings range from 6, 000 square feet to 3 , 300 square feet . At the present time, low density residential lot size range from a minimum 8, 000 square feet to 5, 000 square feet . Building heights have been generally increased in order to provide higher ceilings . This provision will be consistent with the forthcoming Ordinance Code rewrite. Open space and setbacks are consistent with the forthcoming Ordinance Code rewrite also . Low Density Residential Areas The average residential densities indicated on the Land Use Table (Table 1) and General Development Plan (Exhibit 2) of the Specific Plan are generally lower than the maximum density permitted by the General Plan to account for areas devoted to streets , open space, parks , etc . Density transfers are permitted, subject to requirements outlined on pages IV-4 and 5 to allow flexibility in site planning large areas or if planning unit boundaries are adjusted, but in no case can the General Plan maximum density for any given planning unit be exceeded . The written concurrence of all property owners affected by the proposed transfer is also required. The Specific Plan proposed a variety of lot sizes to create a diversity of housing types which are consistent with the General Plan and vested development rights under Development Agreement No . 90-1 . Lot sizes can be increased as long as the Specific Plan permits the total number of units vested to be built in some fashion, whether detached or attached. Staff Report - 10/29/91 -5- (1243d) Affordable Housina Staff is recommending that each development provide an affordable housing program which identifies how they will meet their affordable housing requirement . The staff continues to recommend that 20% of the units constructed within the Holly-Seacliff be affordable to families of low and moderate income. Staff recommends that the following language be added to the Specific Plan. "Prior to issuance of building permits for the construction of residential units, the Developer shall provide the City with an Affordable Housing Program acceptable to the City and in accordance with the provisions of the City' s adopted Housing Element . This Affordable Housing Program shall provide for the development of not less than twenty (20%) percent of residential units which will be available at affordable housing costs to persons and families of low- or moderate-income. The Affordable Housing Program shall identify housing proposals , locations and implementation strategies for the development of new residential units designed for families of low and moderate income . " Pacific Coast Homes (Urban West Communities) has submitted a letter in response to staff ' s recommended language (see attachment no . 3) . The proposed language is consistent with staff ' s recommendation except for the requirement of 20% . Staff has consistently recommended 20% on projects and in the on-going affordable housing discussions . Summary As discussed in the Addendum and General Plan Amendment No . 91-2 report the Specific Plan implements all pertinent mitigation measures contained in Final Environmental Impact Report No . 89-1 . The structure of the Specific Plan is consistent with State Law in terms of formal organization and content . Staff has addressed major issues which were identified at the September 17, and October 8, 1991 Planning Commission meeting . Staff feels that the Specific Plan provides a wide range of housing and commercial opportunities while still retaining a significant industrial area . The Specific Plan is consistent with the Holly-Seacliff Master Plan which was approved by the City Council on January 8 , 1990 On October 23 , 1991, staff received a letter from the Huntington Seacliff Homeowner ' s Association (see attachment no. 4) accompanied by a petition signed by 101 homeowners . The letter and petition opposes any low density lot sizes less than 6, 000 square feet . They support the ten acre school site and feel that the developer should provide the school site. Lastly, they feel that construction should be limited to Phase I until the Cross-Gap Connector is completed . Staff Report - 10/29/91 -6- (1243d) r. 8 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Zone Change No . 90-10 and Code Amendment No . 90-10 with modifications proposed by staff with the following findings and forward to the City Council for adoption: FINDINGS FOR APPROVAL - ZONE CHANGE NO. 90-1-/CODE AMENDMENT NO. 90-10 : 1 . The proposed zone change and code amendment to establish the Holly-Seacliff Specific Plan is consistent with General Plan Amendment No. 91-2 , the Holly-Seacliff Master Plan and the City' s General Plan by incorporating the goals and policies regarding land use, circulation, recreation and housing . 2 . Zone Change No . 90-10 and Code Amendment No . 90-10 is consistent with the goals and policies contained in the Housing Element and the City' s interim affordable housing program by providing a range of housing opportunities including affordable housing . 3 . Zone Change No . 90-10 and Code Amendment No . 90-10 are consistent with the City' s Coastal Element and the California Coastal Act by implementing coastal policies and requiring coastal development permits in the Coastal Zone. 10 . 0 ALTERNATIVE ACTION: The Planning Commission may modify Zone Change No . 90-10 and Code Amendment No. 90-10 as desired. ATTACHMENTS : 1 . Letter dated October 21 , 1991 from Legal Council 2 . Letter dated October 8 , 1991 from Southern Pacific Transportation Company 3 . Letter dated October 7 , 1991 from Urban West Communities 4 . Letter dated October 22 , 1991 from Seacliff Homeowner ' s Association 5 . Planning Commission staff report dated October 8 , 1991 HS :RLF: lp Staff Report - 10/29/91 -7- (1243d) COX, CASTLE F3 N ICHOLSON N•IC-• --N STE`.EY > A PARTNERSHIP INCLUCING PROFESS-—AL CORPORATIONS DF =OUNSEL #^11,,ICE TEPI'. 'iANORA _ �"E'NART iEDRGEMCO% LD , SIL/ERMAN RCL;ERENKE LA !L M RICHA RD N CAS T_ENGI-- �A5-E. ANDERSON LAWRENCE J TRACI AMARA AL15A _ FRE UNDLICH 2O49 CENTURY PARK EASTE D CALK'NS, II CAROL L uATSUNAGA .,(4♦MA9 E 9ARNETT -O GOLDSTEIN 'I)HrvHL KENNETH WLLIAMS TWENTv-EIGHTH '_OOR iAMUEI H. GRI.'EN BA-�- P� L P EKI-I IMELS'11N 5USAN ,J _A=KSON r .+al.. •q SPA-__-ING. ,R MICHA EL - KAMINSKY LOS ANGELES. CALIFORNIA 90067 EDwARp C D-.Jc- .!.!rRE• _APl— KATHRYN _vDOAN KE C E�R�C^ _E,P-,ER DAv-•D 5 R05ENBERG "ELEPHONE (2-.3) 277-4222 C_ ON B `_ATES W —L,-E- _R .-AR_A K P—AL KEYYEL B R -•LE :HAFT _ "•OU5 HAN .r _ GE _DVN*- - 'E a. NALDMAN MAT-E-h A CIAN FACSIMILE (213) 277-7a89 V ICn OLSOrJ AFI'i N' n=A`+MEF 9B:_. u.;ART�UR !±,—c•—RC .•A 4��5 C 'rOhEMAN vn:L.O _ =„__.AS - N "c 5C KAME� =�a'r, NAR:.::P•..••5 ,� 'Aa-EYE - FRIEC .. uARK - - R r Y .- _"_ -- _ cORNIA y2'-5 f_•+F.R." , BEERS BaRR` ,v BARR, .,AB,.-' L,CA A = _ .MAs-EPS ,ANE Bc--_NASSEN .'SERT 'NF--5 OIANE E ?_REND 2'3! 2B4 29' ARC 3 SHIR'_EY 4NORF.W _ Z=BEER 9 R—LE' D FP,Z:ER 5C 0'T .. 5. -.ORS — q yi1E -,HN C —5 October 21, 1991 , . A 5-IC. 40BE— 20371 _EN'S I-ELDM Ar: 4'SA 1 r__ -. WPITER 5 DIRECT _ Y�ME:E4 ER ANCRE WS ADRIENNEM' NUN KENTC PF-EgOLD WA,-S" MARK A REZAC -ARK P u-!'_A•JATHAN CONALO -A`IE7 213/2 8 4-2 2 31 JOHN A KINCANN01 ADAM D -_+•=AN STANL, W. LAMPORT SHERRI `^ C PONT R AYCALL W BLACK „ACKIE K __ER N ON LINES I.I ONG'P- - YG'.IEN = • ' 4 r I f./ ':Rr '� MOr_ARC iAC O'-E-_I_ 1-5-_ACK50N SS R 9RE55' JOEL H -5'EIN IiREGO— J KARNS MVRON S _ vE5 J) - C c. r TURr.FP PAIL _ �-_`ER -_ HE RB'.lR' µ = KERRY h_ —ON _iYNA ! H �E YSEY The Honorable Kirk Kirkland, Chairman, and the Honorable Members of the Huntington Beach Planning Commission 2000 Main Street Huntington Beach, California 92648 Re: The Effect of the Development Agreement Between The City of Huntington Beach and Pacific Coast Homes and Garfield Partners on the Holly Seacliff Specific Plan Ladies and Gentlemen: INTRODUCTION My clients, Urban West Communities and Pacific Coast Homes, have told me that several members of the Planning Commission have indicated that they are unclear as to the effect of Development Agreement 90-1 on the City' s power to impose new conditions on the Holly Seacliff project in connection with the City' s approval of the Holly Seacliff Specific Plan. This letter sets out the history of development agreements and the restrictions they impose on a city ' s ability to change land use regulations . SUMMARY Under state law and the specific terms of the Development Agreement, the City is limited as to the land use regulations ATTACHMENT NO. Huntington Beach Planning Commission October 21, 1991 Page 2 which it may now adopt with respect to the project. In particular, the City does not have the right to do anything which would interfere with the ability of Pacific Coast Homes and Garfield Partners to develop all 3 , 780 dwelling units when and in such order as they deem appropriate. DISCUSSION In 1976 the California Supreme Court decided a case entitled Avco Community Developers, Inc. v. South Coast Regional Commission which involved the development of a very large project within the then new coastal zone. As of the date that the Coastal Act was adopted by the electorate, the developer had spent over $2 million dollars and had incurred liabilities of approximately $750, 000 which were increasing at the rate of over $7 , 000 a day. However, although the developer had recorded a final subdivision map on its land, it had not obtained building permits. On these facts, the Supreme Court held that the developer had not obtained a vested right to be free of the restrictions imposed by the Coastal Act but, instead, was required to obtain a coastal development permit. The rule laid down by the Supreme Court -- one which required substantial reliance on a building permit before a developer had a vested right -- generated a tremendous amount of concern in the development community given the fact that large projects frequently involve investments in the millions of dollars for the acquisition of land, environmental review, site wide entitlements (such as general plan amendments, rezonings, and subdivision maps) , all of which must be done prior to the time that the first building permit is sought. In 1979 the Legislature reacted to the concerns resulting from the Avco decision by enacting legislation authorizing development agreements as a way to v6st rights early in the development cycle. The purpose for development agreements - providing developers with the assurance that land use regulations will not be changed in mid-project - are set out in Government Code $ 65864 , a copy of which is attached. The heart of the development agreement statute is found in Government Code § 65866, in effect, freezes those land use regulations in existence at the time a development agreement is signed. A copy of § 65866 is attached. In November, 1990, the City Council approved Development Agreement No. 90-1 between the City and Pacific Coast Homes and Garfield Partners. The Development Agreement allowed Pacific r Huntington Beach Planning Commission October 21, 1991 Page 3 Coast Homes and Garfield Partners the right to build a total of 3 , 780 dwelling units as part of the Holly Seacliff project. Moreover, under $ 2 . 3 . 2 of the Development Agreement, Pacific Coast Homes and Garfield Partners were given the right to build out the project "at such rate and such times and such number of units as Developer deems appropriate. " The purpose of the Development Agreement was, of course, to ensure that Pacific Coast Homes and Garfield Partners would, indeed, be able to build all 3 , 780 units regardless of any later changes in land use regulations. Section 2 .4 . 1 of the Development Agreement explicitly recognizes that the City was in the process of adopting the Holly Seacliff Specific Plan which, once adopted, would become part of the land use regulations applicable to the project. However, that same section of the Development Agreement provides additional protection to Pacific Coast Homes and Garfield Partners by conditioning the effectiveness of any change in land use regulations -- including the adoption of the Holly Seacliff Specific Plan -- on the written agreement of Pacific Coast Homes and Garfield Partners to those changes. CONCLUSION The City, Pacific Coast Homes , and Garfield Partners have worked together for over a year to ensure that the Holly Seacliff Specific Plan meets the needs of all concerned. The needs of the public are protected by the careful consideration of both the Planning Commission and the City Council during the specific plan adoption process; the needs of Pacific Coast Homes and Garfield Partners are protected by the limitations in the Development Agreement on the changes which the City can impose on the project. Very truly yours, K nneth B. Bley KBB/ks Encl. [141271 Policy 6S"4.The Legislature finds and declares that. (a)The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer,and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance .o the applicant for a development project that upon approval of the project,the applicant may proceed with the project in accordance with existing policies,rules and regulations, and subject to conditions of approval,will strengthen the public planning process,encourage private participation in comprehensive planning,and reduce the economic costs of developmenL (c)The lack of public facilities,including,but not limited to,streets,sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agree- ments whereby applicants are reimbursed over time for financing public facilities. (Amended by Stats. 1984, Ch. 143.) Regulations affecting 65866. Unless otherwise provided by the development agreement, rules, regulations, and official property subject to policies governing permitted uses of the land,governing density,and governing design,improvement, development and construction standards and specifications,applicable to development of the property subject to agreement a development agreement,shall be those rules,regulations,and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city,county,or city and county,in subsequent actions applicable to the property,from applying new rules,regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein,nor shall a development agreement prevent a city,county,or city and county from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations,and policies. (Added by Stats. 1979, Ch. 934.) .Southern Pacific Transportation Company 1200 Corporate Center Drive•Suite 100•MontereyPark,California 91754-7605• 213 78 90 ( ) 06 0 REAL ESTATE IN RE PLEASE REFER TO Huntingtoa Beach - Team Track - SR#2473 October 8, 1991 Mr. . Robert Franklin Associate Planner 1 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Holly-Seacliff Specific Plan Mr. Franklin: Per our conversation this afternoon, Southern Pa:__1c Transportation Company would recommend the following changes regarding vne impact the realign- ment of Gothard Street and the planned collector s_reets will have on SS' owned property at the northeast corner of Gothar! and Main. Southern Pacific must be guaranteed perpetual acc-ss for truck traffic from Main Street to the existing team track area. This access should consin of a right-in/right-out curb cut to be no less that: forty (40' ) feet in width. The access point should be located approximately eighty (80' ) feet north- east of the existing Gothard alignment , with the _enterline of the drive being, no closer than sixty (60' ) feet to the exis_ing Gothard. At such time when Gothard is realigned Southern i n ific will lose approximately four hundred (400 ' ) feet of frontage and any acco-s from this street. The proposed new access from this direction will be from the diagonal collector running northwest to southeast from the realignen Gothard to `fain. In the event that this diagonal collector is not in pla at the time Gothard is realigned, interim access, equivalent to the exis_ing access , will be provided by the Developer . This interim access must be prA ided via a paved street or road built to the standards set by the City of r.-.tington Beach for heavy truck traffic . Additionally, any crossing improvements necessit_:_ad by this diagonal collector or any streets required to provide interim access are the sole responsibility of the Developer. Southern Pacific Transportation Company reserves :he right to continue to address this issue throughout the planning and aT_roval process for the Holly-Seacliff Specific Plan and during the plar7fng process for any devel- opments in the vicinity of the team track. w I IN V iAGHfAviEv i I .J. ,r Robert Franklin - 2 -- October 8, 1991 We appreciate your continued efforts and the concerns and comments of the Planning Commission regarding this matter. Very truly yours, Charles E. Gamble, II Sales Manager (213) 780-6906 cc : R. L. Stacy It. D. Caluwi-ll r, Urban 'West Communities 520 Brc}adw,ly, `eta 1 tC 100 C alifori-i'a 90401 , ( 213 ) 3 4 - 33 t October 7, 1991 Kirk Kirkland, Chairman Planning Commission City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: HOLLY SEACLIFF SPECIFIC PLAN - ITEM B-5 r As you are aware, we have been working with staff and Council regarding the issue and approach to affordable housing for some time. Although a committee has been formed to formulate long range citywide housing strategies, no new policy conclusions regarding the direction of affordable housing have been reached by the Council. We would support revising the Specific Plan to require residential developers to submit an affordable housing plan to the City at the time of a residential development application (this language is attached). We believe this requirement meets the intent of the General Plan and at the same time allows flexibility on the part of the City regarding affordable housing. I7he staff report also recommends revised language regarding affordable housing. Our requirement differs from the staffs in two respects: 1) Staff suggests that every project be conditioned to provide a specific percentage of affordable units prior to issuance of building permits. We do not suggest a specific percentage since that percentage was rejected by the City Council; 2) Staff suggests that both low and moderate income housing be provided, we suggest moderate only since it is reasonable and feasible for the private sector to concentrate on moderate and the public sector on low income. We, therefore, request that the Commission approve the attached change to page III-7 of the Specific Plan to implement the City's housing policies and goals in this area. Sincerely, -/??t- �X ' Tom 7-amc Vice President cc: Members of the Planning Commission Sara Lazarus, Deputy City Attorney Michael Adams, Director of Community Development Howard Zelcfsky, Planning Director Robert Franklin, Associate Planner ATTACHMENT NO. p.11I-7 12. Affordable Housine All developers of residential projects shall be required to submit an affordable housing plan for moderate income households in accordance with the City's adopted Housing Element. The affordable housing plan shall be submitted as part of the development application and shall address: a. The proposed number of affordable units. b. The proposed location of affordable units. If affordable units are proposed offsite, the developer shall provide evidence of control of the units or site acceptable to the City. C. 1-he development standards applicable to the affordable units. d. City approvals pquircO for the construction of the affordable units. C. Any requested reductions in City fees, exactions, or dedication requirements to make the affordable units economically feasible. In lieu of providing affordable units, the developer may offer and the City may accept a reasonable fee toward the construction or maintenance of affordable housing within the City. HUNTINGTON SEACLIFF HOMEOWNERS' ASSOCIATION L TO: City of Huntington Beach October 22, 1991 Robert Franklin Department of Community Development RE: Holly SeaCliff Specific Plan As concerned homeowners impacted by the development of Holly SeaCliff and the continuing development of the Huntington SeaCliff and Ellis Goldenwest Planning areas, we wish to register our concern about the density proposed by the planned amendment to the Huntington Beach existing zoning code for the Holly SeaCliff area. We oppose the revision of the existing zoning code and changes in the open space requirements per lot. For example: low density shall remain 6,000 sq. ft. per lot, not be decreased to 3,300-5,000 sq. ft. While we understand that this specific plan has already been adopted, we object to this new "low-density" zoning in Planning Area ill. We request that the beautiful area surrounding the golf course be zoned Estate Residential and the areas III-1, III-2, III-3 be zoned Specific Plan RL. Also, park space must not be included when calculating maximum and average density of units per acre as proposed in Area II-I. The 3,300 sq. ft. lots in this area are not compatible with Huntington SeaCliff or Goldenwest - Ellis areas. We support the position of the Huntington Beach City School District that the ten acre net site for a K-5 school shall be designated and provided by the developer (Pacific Coast Homes) whether it is located within the Holly SeaCliff plan or Goldenwest - Ellis plan area. Our city and its tax payers should not be burdened at the developers expense. The Holly SeaCliff Specific Plan must include a limitation on the amount of development permitted prior to CCMnlctinn of tho t^rncc l-ar% ('r%nnpc rNr (C rfiglri A-enue eytanCinn). No rnnrP than PhaCP. I of the Development Phasing Plan (Holly SeaCliff Specific Plan 450/2000, p.IV-2) must be constructed before the completion of the Cross Gap Connector. We are concerned about the affect that the development of Holly SeaCliff will have on the quality of life of the residents of Huntington Beach. We are proud of our city and know that our city planners share in our pride. We urge you to consider our concerns. Sinc ly, Huntington SeaCliff Homeowners'Association ATTACHMENT NO. r huntington beach department of community development sraff REPORT TO: Planning Commission FROM: Community Development DATE: October 8, 1991 SUBJECT: ZONE CHANGE NO. 90-10/CODE AMENDMENT NO. 90-10 (CONTINUED FROM THE SEPTEMBER 17, 1991 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 REQUE T: Establish the Holly-Seacliff Specific Plan which contains the zoning and development standards for 569 acres in the 780 acre Holly-Seacliff Master Plan area . LOCATION: Area generally bounded by the Edwards Bluff on the west, Seacliff Golf Course on the south, Main Street on the east and Ellis Avenue on the north. 1 . 0 SUGGESTED ACTION: Motion to: "Approve Zone Change No. 91-10 and Code Amendment No. 91-10 with modifications proposed by staff and based on findings and forward to the City Council for adoption. " 2 . 0 GENERAL INFORMATION: On January 8 , 1990, the City Council adopted the Holly-Seacliff Master Plan and certified Final Environmental Impact Report No . 89-1 for the Holly-Seacliff area . The Master Plan designates types of land uses and densities while Final Environmental Impact Report No . 89-1 addresses environmental impacts resulting from future development in the area . In order for development to occur, staff is recommending that a Specific Plan be adopted for a portion of the Holly-Seacliff Master Plan area in order to fully address the goals and policies in the Master Plan and to implement the mitigation measures in Final Environmental Impact Report No . 89-1 . The City of Huntington Beach has initiated Zone Change No . 91-10 and Code Amendment No . 91-10 in order to establish the Holly-Seacliff Specific Plan for 569 acres in the Holly-Seacliff Master Plan area . 1 A-F -23G . A 1TACHMENT NO. �2 At the September 17, 1991 Planning Commission meeting, several concerns were identified. The following is a response to the concerns : Different Classifications for Planning Areas : The Holly-Seacliff Specific Plan contains planning classifications which differ from City-wide zoning designations . Staff recommends that each planning classification contained in the Specific Plan be defined in definition section of the Specific Plan. Also, staff is recommending that an existing zoning map be added to the Specific Plan (Attachment No . 1) . Oil Overlay Zones : Staff has added an existing zoning map to the Specific Plan in order to identify the properties which currently have "O" and "01" Oil production suffixes . The Specific plan is structure so that all properties with an "O" suffix and rehabilitate and modernize and existing oil well. The Specific Plan centralizes the area for new oil well drilling into the industrial land use areas between Goldenwest Street and realigned Gothard Street adjacent to Garfield Avenue . Staff feels that the industrial land use areas are appropriate for new oil drilling and future oil consolidation sites . The following is a discussion regarding the comments from Weaver and Mola Company at the September 17, 1991 Planning Commission meeting and a letter dated October 1, 1991 (Attachment No. 4) . Weaver and Mola Company' s request to eliminate a mid-block road between Goldenwest Street and realigned Gothard Street can be done without a general plan amendment since the road is not an arterial highway. Their request to establish the "O" oil production is already included in the Specific Plan. The Specific Plan contains language which designates Planning Area IV-3 and Planning Area IV-4 with and "O" suffix. This permits the continued operation and the rehabilitation of existing wells . Staff supports the request for the "O" designation. In addition, their request to add new oil drilling operations in the areas south of the industrial areas could be supported. Oil consolidation sites in residential areas have been successful in the past and the same requirements would apply to the Holly-Seacliff area . Access and Circulation on realigned Gothard Street between Ernest Street and Garfield Avenue: Staff recommends that the arrow on the east side of realigned Gothard Street be deleted from the circulation plan and add language to the Specific Plan which states that access to future residential projects will be determined at the project level . Also, staff recommends that a raised median be constructed in order to control cross traffic movements . Staff Report - 10/8/91 -2- (0979d) Railway Access : On September 20, 1991, staff received a letter from the Southern Pacific Transportation Company which states that their company needs access directly from the current location of Gothard Street (Attachment No . 3) . Although staff recognizes their need for access to a major street, staff feels that adequate access can be provided to the railway intersection with Main Street . In addition, staff recommends language be added to the Specific Plan which requires access to the railway be analyzed at the time of future project evaluation. Request to Change Existing Medium Density Residential Area to Industrial • John Gustafson, a property owner and automotive repair business owner, has requested to change a medium density residential area to industrial in order to continue his business . Staff has advised him that the change requires a general plan amendment . He is currently working with surrounding property owners in order to submit the application for a general plan amendment . Staff recommends moving forward with the Specific Plan as proposed and address the land use request at a later date. Huntington Beach City School District Concerns : During the entire Specific Plan process, the school district has stated in very extreme detail that the Specific Plan area will impact the existing school facilities . In essence, the school district is saying that there exists a need to site, construct and operate a new elementary school as a result of the build-out of the Holly-Seacliff area . The mitigation measures in Final Environmental Impact Report No. 89-1 and proposed language in the Specific Plan address the school district ' s concerns . In addition, staff is recommending additional language which states that a potential school site can be located within the Specific Plan area subject to an amendment to the City' s General Plan. This language will allow the relocation of a potential school site if the present site north of Garfield Avenue is not acceptable. Staff has consistently recognized the school district ' s position and all comments have been acknowledged . Staff feels that all necessary and required procedures have been followed in processing the Specific Plan. Affordable Housing: The Specific Plan contains language which requires all future development in the Specific Plan area to conform to the City' s Affordable Housing program. In the September 17, 1991 staff report, staff recommended additional affordable housing language which reflects the interim affordable housing program. Staff Report - 10/8/91 -3- (0979d) Affordable housing is a very important issue because of the commitments contained in the City' s Housing Element . Staff is pursuing an affordable housing program which implements the City' s Housing Element and regional housing needs . Staff recommends that the following language be added to the Specific Plan. "Prior to issuance of building permits for the construction of residential units, the Developer shall provide the City with an Affordable Housing Program acceptable to the City and in accordance with the provisions of the City' s adopted Housing Element . This Affordable Housing Program shall provide for the development of not less than twenty (20%) percent of residential units which will be available at affordable housing costs to persons and families of low- or moderate-income. The Affordable Housing Program shall identify housing proposals , locations and implementation strategies for the development of new residential units designed for families of low and moderate income. " Summary As discussed in the Addendum and General Plan Amendment No . 91-2 report the Specific Plan implements all pertinent mitigation measures contained in Final Environmental Impact Report No . 89-1 . The structure of the Specific Plan is consistent with State Law in terms of formal organization and content . Staff has addressed major issues which were identified at the September 17, 1991 Planning Commission meeting . Staff feels that the Specific Plan provides a wide range of housing and commercial opportunities while still retaining a significant industrial area . The Specific Plan is consistent with the Holly-Seacliff Masterplan which was approved by the City Council on January 8, 1990 This report contains a series of charts which compare proposed development standards in the Specific Plan with existing City Codes . The charts will provide a basis for the discussion regarding minimum lot size, setbacks, site coverage and other development standards contained in the Specific Plan. 3 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Zone Change No. 90-10 and Code Amendment No. 90-10 with modifications proposed by staff with the following findings and forward to the City Council for adoption: FINDINGS FOR APPROVAL - ZONE CHANGE NO, 90-1-/CODE AMENDMENT NO, 90-10 : 1 . The proposed zone change and code amendment to establish the Holly-Seacliff Specific Plan is consistent with General Plan Amendment No . 91-2 , the Holly-Seacliff Master Plan and the City' s General Plan by incorporating the goals and policies regarding land use, circulation, recreation and housing . Staff Report - 10/8/91 -4- (0979d) 2 . Zone Change No . 90-10 and Code Amendment No . 90-10 is consistent with the goals and policies contained in the Housing Element and the City' s interim affordable housing program by providing a range of housing opportunities including affordable housing . 3 . Zone Change No . 90-10 and Code Amendment No . 90-10 are consistent with the City' s Coastal Element and the California Coastal Act by implementing coastal policies and requiring coastal development permits in the Coastal Zone. 10 . 0 ALTERNATIVE ACTION: The Planning Commission may modify Zone change No. 90-10 and Code Amendment No . 90-10 as desired. ATTACHMENTS: 1 . Existing Zoning Map 2. Development Standards Comparison Charts 3 . Letter dated September 20, 1991 from Southern Pacific T portation Company 4 . Letter dated October 1, 1991 from Weaver and Mola Company 5 . Letter dated october 2, 1991 from Pacific Coast Homes 6 . Planning Commission staff report dated September 17, 1991 HS:RLF:kjl Staff Report - 10/8/91 -5- (0979d) czo Odi-CD) ml /(PREZONEDI CD MI-CD U U RI -cl . .... MI-O MIoI R2 A.- MI- 6 RA-0 RA-O-CD i M2-0 ............ _0 MI-0 ELLIS-GOLDENWEST SPECIFIC PLAN op RA-01 -0- a. IL M I mi-011 co > m RA-01_cZ mi-O 0 p p M,1_0 OP R2 OP _OR, mum"m > CC_CZ_/ z RA-0 I-C A 11 i c1_0 L.,� ../ R4-0 mi R2'- ",\�ys 002 MI-A J L6 0 R2 R#VID R 2 R2 O-01 R2 ROS-6 M2 01 r R2 R, _aa RZI m I of R1 2 L!L cur RI C2-0- .1.0 ' ROS-0 R1 R2-0-PD -)L R1 pp I R4-01 R C2-0-CD C R1 2-0 R1 R2.0-11. ROS-0 R1 I'�; I R2_0 ri op-01- R2 o PD-OP-O-CD ROS-0 C2-0 CD RI c R RI RI R4-011 4-0 A2.0-ca F R1 R2-PD-0-CZ C CF CF-E- R2-0-CDKZ-V- u :!:.FI2.po-o-cz ROS-0 6 F-E-C CITY UNTINGTON BEACH EXISTING ZING j -I'll In ril I ic-t ESTATE DEVELOPMENT DEVELOPMENT EXISTING PROPOSED STANDARD ESTATE DEVELOPMENT HOLLY-SEACLIFF Lot Size 8 , 000-15 , 000 sq . ft . 6 , 000 sq . ft . Frontage 72 ' 60 ' Coverage 450 500 Front Setback 30 ' 15 ' Rear Setback 25 ' 20 ' Height 30 ' (2 st . ) 35 ' ( 2 st . ) Open Space 1, 200 sq . ft . No minimum 25 ' minimum Required 0 0 (0790d-2) LOW DENSITY RESIDENTIAL DEVELOPMENT EXISTING PROPOSED STANDARD LOW DENSITY HOLLY-SEACLIFF Lot Size 6 , 000 sq . ft . 5 , 000-3 , 300 sq . ft . Frontage 60 ' 50 ' -30 ' Cul-de-Sac 45 ' 45 ' -30 ' -20 ' Lot Coverage 50% 50%-60% Garage Setback 22 ' 20 ' Exterior Setback 10 ' 10 ' -6 ' Height 25 ' (2 st . ) 35 ' (2 st . ) Open Space 1 , 200 sq. ft . No minimum 25 ' minimum required (0790d-1) MEDIUM DENSITY RESIDENTIAL DEVELOPMENT EXISTING MEDIUM PROPOSED STANDARD DENSITY RESIDENTIAL HOLLY-SEACLIFF Lot Size 6 , 000 NA Frontage 60 ' NA Cul-de-sac 45 ' NA Lot Coverage 50% 50% Garage Setback 22 ' 20 ' Exterior Setback 10 ' 10 ' Height 35 ' (3 st . ) 40 ' (3 st . ) Open Space 60 sq . ft . per unit 75 sq . ft . per unit 25% of floor area 250-350 sq . ft . in common per unit in common (0790d-3) MEDIUM HIGH DENSITY RESIDENTIAL ! DEVELOPMENT EXISTING MEDIUM PROPOSED STANDARD HIGH DENSITY HOLLY-SEACLIFF Lot Size 6 , 000 NA Frontage 60 ' NA Cul-de-sac 45 ' NA Lot Coverage 50% 50% Garage Setback 22 ' 20 ' Exterior Setback 10 ' 10 ' Height 35 ' (3 st . ) 40 ' (3 st . ) Open Space 60 sq . ft . per unit 75 sq . ft . per unit 25% of floor area 250 - 300 sq . ft . in common per unit in common i I (0790d-4 ) Southern Pacific Transportation Company 1200 Corporate Center Drive•Suite 100•Monterey Park,California 91754-7605•(213)780-6900 REAL ESTATE IN REPLY PLEASE REFER TO Huntington Beach Team Track - SR# 2473 September 20 , 1991 Mr. Jim Otterson S`P 3 0 19 91 Traffic Engineer DEPARTMENT of City of Huntington Beach COMMUNITY DEVELOPMENT, 2000 Main Street Huntington Beach, CA 92648 Re: Holly - Seacliff Specific Plan Dear Mr. Otterson: I would like to thank you for taking the time to speak with me Tuesday evening regarding the above-referenced plan and the negative effect it will have on Southern Pacific Transportation Company owned property. Per your request I have enclosed three additional maps of the team track showing SP property in yellow, the existing improved crossing in red and the area slated for expansion in orange. Please bear in mind any alternatives proposed must meet or exceed the access presently enjoyed from Gothard Street . I look forward to speaking with you further regarding this matter prior to the next scheduled public hearing. Very truly yours, Char eA. at le II Sales Manager ( 213 ) 780-6906 CEG:gg3527 Enclosure cc : Honorable Mayor and - City of Huntington Beach Members of the City Council 2000 Main Street Honorable Chairman and Huntington Beach, CA Members of the Planning Comm. 92648 Robert Franklin R. L. Stacy H. D. Caldwell WEAVER & MOLA 19061 CRYSTAL STREET HUNTINGTON BEACH, CALIFORNIA 92648 TELEPHONE 714 536-8223 714 84 8-009 7 � L �; ►: October 1, 1991 OCT 0 199� Michael C. Adams deal. ` ..ry. Director of Community Development City of Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 Re: Holly Seacliff Specific Plan October 8, 1991 Planning Commission Hearing Dear Mike: As a follow-up to our meeting of September 27th, please be informed that John Gustafson and I will attempt to secure a majority consent from the property owners of the southern half of the block bound by Garfield, Clay, Crystal and Stewart for the following changes to the Holly Seacliff Specific Plan, which changes were presented by John and I at the September 17th Planning Commission Hearing: 1. Land Use: We desire an industrial land use designation, not residential as currently drafted; 2. Road: Elimination of the road mid-block, as this "buffer" will not be needed, given your concurrence of the land use change as suggested above; and 3. An "O" Oil Classification for Planning Area IV-3 and the adjacent northwest portion of Planning Area IV-4. We appreciate your support of our requested changes and will be present at the October 8th Planning Commission meeting to discuss the results of securing the majority consent Mr. Michael C. Adams October 1, 1991 Page Two of the property owners. Again, thanks for meeting with us and providing suggestions for an amicable resolution to our requests. Sincerely, Mo . evelopment Cor ration Michael K. Ryan G tafson Brothers ZJ5q n G—ustatsQnJ -- +' c Howard Zeles y, Planning Director Robert Frankli , Associate Planner Dick Harlow, arlow & Associates Frank Mola, Weaver & Mola Carl Weaver, Weaver & Mola 0 HOMES OCT o Dept.of Comm. Oeve;o,^,ment October 2, 1991 Kirk Kirkland, Chairman Huntington Beach Planning Commission 2000 Main Street Huntington Beach, CA 92648 Subject: Holly Seacliff Specific Plan Area IV Land Ownership and Active Oil Leases Chairman Kirkland and Commissioners: Pacific Coast Homes would like to go on record concerning the Holly Seacliff Specific Plan Area IV. Huntington Beach Company concurs with the opinions expressed herein. At your September 17, 1991 public hearing on the above matter, testimony was presented by Weaver & Mola concerning their fee ownership and leasehold interests within Area IV of the Holly Seacliff Specific Plan, and their desire that the Planning Commission consider: 1) Redesignation of certain residential property for industrial use (Planning unit IV-3), 2) Expansion of zoning permitting new oil drilling (-01) into Planning Units IV-3 and IV-4, and 3) Suspending existing zoning or "white-holing" these areas pending further study. We would like to clarify the issue of ownership and are attaching a map identifying properties owned by Pacific Coast Homes/Huntington Beach Company and Weaver & Mola. Weaver & Mola own or partially own 37.5 percent of the property within Residential Planning Unit IV-3. Pacific Coast Homes/Huntington Beach Company own 25 percent and three other owners (Gustafson, Albert, Dabney) each control 12.5 percent. Pacific Coast Homes/Huntington Beach Company own all of the property within Mixed Development Planning Unit IV-4. The second map identifies properties leased to Weaver & Mola for oil production. Weaver & Mola have surface leases covering 62.5 percent of Planning Unit IV-3 and ten percent of Planning Unit IV-4. The third map identifies existing zoning. The Draft Holly Seacliff Specific Plan allows continued oil production and operations in all areas currently having an -0 zoning suffix. In addition, the 2120 Main St., No. 260, Huntington Beach, CA 92648-2499 (714) 960-4351 FAX (714) 969-3659 I Kirk Kirkland, Chairman October 2, 1991 Page Two Specific Plan would add an —01 suffix to all properties within Planning Unit IV-5, which provides for new oil drilling and consolidation projects in this industrial area. Pacific Coast Homes is opposed to Weaver & Mola's requests for the following reasons: 1) Weaver & Mola's ability to continue existing oil operations is protected by retention of the —0 zoning. 2) Weaver & Mola will have the ability to drill new wells and consolidate operations within Industrial Planning Unit IV-5. 3) We do not feel new drilling is a compatible use within residential or mixed development areas. We.encourage the Planning Commission to adopt zoning and development standards for these areas in conformance with the General Plan and as set forth in the Draft Holly Seacliff Specific Plan. Very truly yours, Pacific Coast Homes Huntington Beach Company Craig E. Rice Brian 1. Shally Vice President Vice President, Legal Attachments cc: Mike Adams Robert Franklin OWNERSHIP ® PACIFIC COAST HOMES 0606080 0000000 WEAVER & MOLA 0000000 0 0 0 0 ' II - I I fT-LL T 0 O I TFR2 0 00 000 0— O I l 00000000 0 00 0 00,00 / I0 0 I O 000 Olo 1 VIIIA 00000000 oo Oo0o0o00 p000 0o I �O O I 010 00 0000� 000 6 00 800 00000000 0000 u 0000000 00000000 o 0020209 — — — — I -4 r h� SQkLU I I' ,•-,ar i I / —YORKTOMM AVFJIUE _— �— / LEASED TO WEAVER OR WEAVER & MOLA Y IV . . . . . . . . . . . . . . . �17 - - - - / _4 / YORKTOWN AVENUE t- EXISTING ZONING ___1 IGARFIELD I I I } 4 Hoo RA-0 S CI N J 2�96 N R2 530 o W : c� MI `�. o R A - 0 � R2 � r'---�. \US a RA 01 R2 F ti R2 t cr- R - 8 0 MR2-01 R2 �- N U 3 2 = r� CLAY ss+•M'n: C2-0- r (`'tE$ERVO R)660 4 C2-0 BCD ;� C2_0 sO S a9'59 56 E z°o CZ-OtCO_°o 164 W z e w I W o i C2- 0 -CD I f roRKT'O" 1 huntington beach department of community development • GAFF Epos TO: Planning Commission FROM: Community Development DATE: September 17 , 1991 SUBJECT: ZONE CHANGE NO. 90-10/CODE AMENDMENT NO. 90-10 APPLICANT: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RETEST: Establish the Holly-Seacliff Specific Plan which contains the zoning and development standards for 569 acres in the 780 acre Holly-Seacliff Master Plan area . LOCATION: Area generally bounded by the Edwards Bluff on the west, Seacliff Golf Course on the south, Main Street on the east and Ellis Avenue on the north. 1 . 0 SUGGESTED ACTION: j Motion to : "Approve Zone Change No . 91-10 and Code Amendment No . 91-10 with modifications proposed by staff and based on findings and forward to the City Council for adoption. " 2 . 0 GENERAL INFORMATION: On January 8, 1990, the City Council adopted the Holly-Seacliff Master Plan and certified Final Environmental Impact Report No . 89-1 for the Holly-Seacliff area . The Master Plan designates types of land uses and densities while Final Environmental Impact Report No . 89-1 addresses environmental impacts resulting from future development in the area . In order for development to occur, staff is recommending that a Specific Plan be adopted for the Holly-Seacliff Master Plan area in order to fully address the goals and policies in the Master Plan and to implement the mitigation measures in Final Environmental Impact Report No . 89-1 . The City of Huntington Beach has initiated Zone Change No . 91-10 and Code Amendment No . 91-10 in order to establish the Holly-Seacliff Specific Plan for 569 acres in the Holly-Seacliff Master Plan area . 55 A-FM-23C l Zone Change No . 91-10 and Code Amendment No . 91-10 are being submitted for review and recommendation by the Planning Commission and then forwarded to the City Council for a final decision . Zone Change No . 90-10 will amend the City' s zoning maps by applying the Holly-Seacliff Specific Plan zoning designation. Code Amendment No . 90-10 will add the Holly-Seacliff Specific Plan to the text of the City' s Zoning Ordinance . Concurrently being processed are General Plan Amendment No . 91-2 and an Addendum to Final Environmental Impact Report No . 89-1 in order to bring the Draft Specific Plan into conformance with the City ' s General Plan. Those items are discussed in a separate staff report . Prior to any action on Zone Change No . 91-10 and Code Amendment No . 91-10 , the Planning Commission must first act on General Plan Amendment No . 91-2 and the Addendum to Final Environmental Impact Report No . 89-1 . 3 , 0 ENVIRONMENTAL STATUS: On June 5, 1991, the Environmental Assessment Committee reviewed Environmental Assessment No . 91-6 and determined that an Addendum to Final Environmental Impact Report No . 89-1 would cover environmental impacts associated with the Draft Holly-Seacliff Specific Plan . 5 . 0 COASTAL STATUS: A portion of the Draft Holly-Seacliff Specific Plan is located within the City' s Coastal Zone area . The coastal portion of the Holly-Seacliff Master Plan and the Specific Plan will be forwarded to the Coastal Commission in order to amend the City' s certified Local Coastal Program. 6 . 0 REDEVELOPMENT STATUS: Not applicable. 7 . 0 SPECIFIC PLAN: The Draft Holly-Seacliff Specific Plan will provide zoning and development standards for a portion of the Holly-Seacliff Master Plan area . 8 . 0 ANALYSIS • The Draft Holly-Seacliff Specific Plan will provide the zoning and development standards for 569 acres in the 780 acre Holly-Seacliff Master Plan area . All Departments have thoroughly reviewed the Draft Specific Plan which required extensive revisions . The revisions have been incorporated into the Draft Specific Plan which is composed of a zoning and development standard booklet which is accompanied by a technical appendix. The Draft Specific Plan is organized in a similar format to the City' s existing Specific Plans . Section I and II provide background information and the Development Concept . Staff Report - 9/17/91 -2- (0728d) Section III provides general provisions and details which will provide the development standards for the Specific Plan area . The Draft Specific Plan does not contain any new major definitions . The Draft Specific Plan relies on existing City-wide definitions in order to maintain consistency. Section IV provides general provisions regarding development phasing, public facilities improvements, and other adminstrative items . An important aspect of the Draft Specific Plan is the implementation of the mitigation measures of Final Environmental Impact Report No. 89-1 . All of the mitigation measures have been incorporated or have been referenced in the Draft Specific Plan. Staff feels that the Draft Specific Plan represents a very comprehensive document which is consistent with the City' s General Plan, Development Agreement No . 90-1 and the goals and policies of the Holly-Seacliff Master Plan. Although staff feels that the Draft Specific Plan incorporates staff concerns, four (4) outstanding issues need to be addressed. The four (4) issues are: 1) more specific affordable housing language to implement the Housing Element ; 2) expanding the oil consolidation area; 3) additional clarification and buffering for the rail/transit corridor; and 4) Huntington Beach School District concerns . Affordable Housing The Draft Specific Plan contains language which requires all developers in the Specific Plan area to conform to a city-wide affordable housing program in order to provide for a range of housing opportunities . Specific language should be included in the Draft Specific Plan. On September 9, 1991, as a result of a joint City Council and Planning Commission meeting, an interim affordable housing program was sanctioned. Based on the affordable housing program, staff recommends that the following language be added to the Draft Specific Plan. a . General Affordable Housing Requirements Any residential development that receives a "benefit" as a result of a public action which ultimately increases the value of the project, shall provide a minimum of 20% of the units for low and/or moderate income households, either on-site or off-site. The basic philosophy behind this policy reasons that the City should receive a benefit in return for a benefit granted. For example, if one acre of an industrial property is re-designated to residential , the value of the property increases significantly. A portion of the increased value should be returned to the City to meet the adopted affordable housing goals of the Housing Element. Staff Report - 9/17/91 -3- (0728d) Examples of benefits include, but are not limited to, the following : 1) A general Plan Amendment 2) Zone Change/Specific Plan 3) Development Agreement with City 4) Direct financial assistance from the City or Agency 5) Significant modification to development standards which can be translated into a financial savings to the project It should be noted that the number of affordable units that a project is required to provide is not linked to the degree of benefit received, but rather to the number of affordable units the city needs to have built . Assessing the financial value of a benefit such as a Development Agreement to a developer is not possible. b. Specific Affordable Housing Requirements P 9 q 1) Master-planned communities exceeding ten (10) acres shall provide, either on-site or off-site, 20% of the units at affordable levels . a . For sale or for rent units need only meet moderate income levels (80-120% of the Orange County Median Income) , rather than very low and low-income levels . However, the City/Agency would have the option to assist in making the unit affordable to lessor-income groups by developing a specific program with the developer in advance of commencement of construction. b. For sale units would also have to meet first time buyer requirements . There would be no resale covenants attached to the project . However, the City/Agency would be given the first right of refusal at resale of the units at a future date in order to increase the availability of affordable units . 2) Assisted units (bond financing, down payment assistance, interest write downs, etc . ) shall include covenants regarding resales . a . For sale units and rental units need only to meet moderate income levels, (unless specified otherwise by the financing program) but would be required to maintain that level for thirty (30) years . City/Agency financially assisted units may be provided with longer terms . 3) Less than the (10) acre developments (whether for sale or rental units) Qr single-family detached subdivisions may: a . Build 20% of the required affordable units at an alternate location within the City which is under the control of the applicant at the time of application to the city. Staff Report - 9/17/91 -4- (0728d) b. Rehabilitate existing units and ensure long-term affordability through recordation of restrictive covenants . c. Preserve existing affordable units by recording covenants that ensure long-term affordability. d . Prepare a program which is designed to generate new opportunities for affordable housing, subject to approval of the City/Agency. e. Make an in-lieu fee payment to an affordable housing trust fund, if such a program is adopted by the City Council . Expansion of Oil Consolidation Area On May 29 , 1991, staff received a letter from the Weaver and Mola Company requesting that the oil consolidation areas be expanded into areas beyond the two (2) industrial land use areas into a Medium Density Residential area near Gothard and Main Streets . Staff feels that the two (2) industrial land use areas are appropriate sites for future oil consolidation sites . The areas that Weaver and Mola Company are requesting are residential and mixed development areas . Staff believes that the two (2) industrial zones are the only appropriate oil consolidation sites and that the other sites are not appropriate. Staff does not support the request from Weaver and Mola Company. Transportation Corridor The Holly-Seacliff Master Plan requires that a transportation corridor be identified and preserved along the existing railroad right-of-way east of Gothard Street between Ellis Avenue and Main Street . The purpose of the corridor is to preserve area for future public rail transit to and from the I-405 Freeway through the area and southward toward the beaches . Bicycle and pedestrian trails could also be an interim or long-term use within the corridor . The Medium and Medium-High Density Residential land use designations placed adjacent to the corridor by the Holly-Seacliff Master Plan were further intended to concentrate rideship in close proximity to the rail area . The Draft Specific Plan does allow for preservation of the corridor as a "Transportation/Trail Corridor, as identified in Exhibit 17 of the document . The document as proposed; however, would allow residential construction up to the corridor property line with no setback requirement. It also fails to specifically identify the corridor as a future "rail transportation corridor" , identifying it instead more as a hiking/biking trail . Staff Report - 9/17/91 -5- (0728d) In order to protect its use as a future public transit rail corridor and to enhance compatibility, staff is recommending some monor word changes to the document ' s treatment of the corridor . Specifically, Figure 17 should be amended to identify the corridor as a "Rail Transportation/Trail Corridor" . Also the exhibit and text should be amended to require a five (5) foot building setback from the corridor . Text changes to require the five (5) foot setback should be added to Pages III-17 and III-20 under item K.3) Miscellaneous Requirements for Medium and Medium-High Density Residential . The wording for zero (0) setback should be replaced with five (5) foot setback. Huntington Beach School District On September 5, 1991, staff received a letter from Community Systems Associates, Inc . which represents the Huntington Beach School District . The letter states that additional language should be added to the Draft Specific Plan to assure that all mitigation measures from Final Environmental Impact Report No. 89-1 regarding a future school site shall be implemented, all required State laws be implemented and financing language be added in order to guarantee a school site in the Draft Specific Plan area. Staff has received the School District letter and feels that the additional language, as presented, is not necessary. The Draft Specific Plan states that all development in the Specific Plan area shall conform to applicable State laws regarding school fees and that appropriate mitigation measures from Final Environmental Impact Report No . 89-1 shall be applied to development in the Specific Plan area . At the present time, the school site location is located north of Garfield Avenue which is not located in the Draft Specific Plan area . The School District and the proponent of the Garfield Tracts north of Garfield Avenue are working on a school development plan which is consistent with the City' s General Plan and State law. The Draft Holly-Seacliff Specific Plan area does not contain a future school site, therefore, the additional suggested language is not necessary. Summary The Draft Holly-Seacliff Specific. Plan implements the Holly-Seacliff Master Plan and Development Agreement No. 90-1 and is consistent with the City' s General Plan. All required procedures regarding the California Environmental Quality Act, the California Coastal Act and the Government Code have been adhered to . Staff has provided ample opportunity for community involvement by means of two (2) public workshops and two (2) Planning Commission Study Sessions . Staff feels that the Draft Holly-Seacli.ff Specific Plan is a concise working document which will guide the orderly development of a new community within the City of Huntington Beach. Staff Report - 9/17/91 -6- (0728d) 9 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Zone Change No. 90-10 and Code Amendment No. 90-10 with modifications proposed by staff the following findings and forward to the City Council for adoption: FINDINGS FOR APPROVAL - ZONE CHANGE NO, 90-1-/CODE AMENDMENT NO, 90-10: 1 . The proposed zone change and code amendment to establish the Holly-Seacliff Specific Plan is consistent with General Plan Amendment No. 91-2, the Holly-Seacliff Master Plan and the City' s General Plan by incorporating the goals and policies regarding land use, circulation, recreation and housing. 2 . Zone Change No. 90-10 and Code Amendment No. 90-10 is consistent with the goals and policies contained in the Housing Element and the City' s interim affordable housing program by providing a range of housing opportunities including affordable housing. 3 . Zone Change No. 90-10 and Code Amendment No. 90-10 are consistent with the City' s Coastal Element and the California Coastal Act by implementing Coastal policies and requiring coastal development permits in the Coastal Zone. 10. 0 ALTERNATIVE ACTION: VThe Planning Commission may modify Zone change No. 90-10 and Code Amendment No. 90-10 as desired. ATTACHMENTS: 1. Area map 2 . Draft Holly-Seacliff Specific Plan 3 . Letter from Weaver and Mola Company dated received May 29 , 1991 4 . Letter from Community Systems Associates dated received September 5, 1991 5 . Letter from Weaver and Mola Company dated received September 12, 1991 HS:Q,R(L�F/:kj l I Staff Report - 9/17/91 -7- (0728d) �A - ELLIS _j N W O % o GARFIELD V'-TrF � I I CF-E CFTC �-- HOLLY SEACLIFF SPECIFIC PLAN ZC 91-10/CA 90-10 �- NUNTINCTON UACH HUNTINGTON BEACH PLANNING DIVISION WEAVER & MOLA 19061 CRYSTAL STREET HUNTINGTON BEACH, CALIFORNIA 92648 TELEPHONE 714 536-8223 714 848-0097 May 23, 1991 Mr. Bob Franklin Associate Planner City of Huntington Beach p 2000 Main Street RAY 2 ; D Huntington Beach, CA 92648 Re: Draft Holly-Seacliff Specific Plan Dated May 1991 Dear Bob: As a significant property owner and oil lease operater in Planning Area IV, we have received the above-referenced document and would recommend that the second paragraph of Section C-1-e (located on Page III-2) be expanded to include Planning Units IV 3 & 4) Until residential development occurs, there may be a need to consolidate existing oil and gas operations and/or drill a new (or replacement) well as the result of termination of an existing well on a parcel by parcel basis. That is to say, that on any given parcel should an existing well be terminated, that a new (i.e., a replacement) well be permitted to be drilled, as well as, existing operations consolidated until actual residential development takes place. Thank you for your consideration. Should you have any questions or comments, please contact us or Mike Ryan. Sincerely, W ver/Mola F la i Carl M. Weaver cc: Hal Simmons, Senior Planner Michael K. Ryan, Mola Development Corporation 1 �:f�,�:i� Ir 1 COMMUNITY SYSTEMS ASSOCIATES,INC. September 3 , 1991 R E C E VEE) Mr. Howard Zelefsky Planning Director CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 RE: Draft Holly-Seacliff Specific Plan (June, 1991) Dear Mr. Zelefsky: On August 30, 1991, representatives of the Huntington Beach City School District ( "District") and I met with Mr. Tom Zanic and other representatives of Urban West Communities and Pacific Coast Homes (jointly, "Developer" ) to continue our discussion of mitigation of school impacts resulting from the Holly- Seacliff/Ellis Goldenwest Specific Plans. During the meeting, Mr. Zanic informed us that the tentative schedule of the Planning Commission's consideration of the Holly-Seacliff Specific Plan is set for September 17 , 1991. Mr. Zanic also informed us that he has not considered, nor has the City directed him to incorporate the District's comments relative to the Specific Plan, which were set forth in my letter dated April 1, 1991 and restated in my letter dated June 11, 1991. Mr. Zanic's comments are confusing inasmuch as we were earlier informed by Mr. Franklin, that during the review of the draft Specific Plan that the District's comments would be transmitted to Mr. Zanic for his consideration. The District is quite con- cerned that although we have previously made available to both the City and Mr. Zanic our recommended changes to the Specific Plan, that a) the Planning Commission may presume that we did not participate in the Specific Plan preparation process; and b) the Specific Plan will not be complete with regard to the school issues , parti-cularly financing responsibility. We would again recommend that the City and Developer consider and incorporate within the Specific Plan, language similar to our April 1 , 1991 letter and recommendations , and as set forth herein. "public/private project management, feasibility, and Implementation" 1717 SOUTH STATE COLLEGE BOULEVARD • SUITE 100 • ANAHEIM,CALIFORNIA 928M•TELEPHONE(714)978.8887 ESP Mr. Howard Zelefsky September 3 , 1991 Page 2 The District has received a notice for a study session to be con- ducted on September 4 , 1991. In addition, on August 30, 1991, I spoke by telephone with Mr. Franklin advising him of the District's concern that the Specific Plan does not adequately address the school issues , and he advised me that the City ' s Staff continues to have an opportunity to modify the Specific Plan to address these District issues. The District notes the contents of the State of California General Plan Guidelines promulgated by the Office of Planning & Research, and the provisions of Section 65451 of the Government Code, which states: Section 65451. Required contents (a) A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail : (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal , energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for conservation, develop- ment, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1) , (2) , and (3) . (b) The specific plan shall include a statement of the relationship of the specific plan to the general plan. Mr. Howard Zelefsky September 3 , 1991 Page 3 our review of the June, 1991 Draft of the Holly-Seacliff Specific Plan indicates that the Specific Plan does not provide for the "systematic implementation" of GPA 89-1 or comply with the provi- sions of Section 65451 of the Government Code, as it relates to the provision of school facilities to mitigate the impacts of th-_ implementation of the Specific Plan. For example, as it relates to school facilities, there is no "program of implementation measures, including regulations, programs, public works projects and financing measures" set forth in the Specific Plan. Although page II-10 of the Specific Plan refers to the school impact mitigation measures per Final Environmental Impact Report No. 89- 1, those measures are limited to the following, they have come under question in terms of their interpretation , and are in- adequate in providing full and complete mitigation: "1 . The GPA designates a site for a new elementaryschool to serve students generated by residential development within the project area. 2 . The school district and major landowner should enter into an agreement for acquisition or lease of the site as part of implementation of this GPA. 3 . Developers should pay school impact fees to finance construction of necessary school facilities. . . . " Of particular importance is what is the interpretation of the word "should" . If the District and the major landowner do not enter into an agreement and/or if the Developer does not pay school impact fees at a level that will finance the construction of necessary school facilities, what will then occur in terms of the development of the Specific Plan and the issuance of building permits. Please note that although there is considerable cooperation oc- curring between the District and the Developer, there still has not been reached a final agreement relative to a designated site or a financing implementation plan. Additionally, although we have had representatives of the California Department of Educa- tion visit the proposed and alternative school sites, they have noted several areas of concern which would appear to indicate potential problems with gaining the approvals that are necessary for the District to also accept the proposed or alternative sites. 1 � t it 1 C01,4 11$VMV1Y1 MWCWl1-C Mr. Howard Zelefsky September 3 , 1991 Page 4 In order to preclude any interpretation of EIR No. 89-1 mitiga- tion measures, and to fulfill the requirements of Section 65451 of the Government Code, the District would again suggest that the following revisions to the Specific Plan be incorporated herein: 1) Page I-1 should be revised to read as follows: "B. Goals The goals of the Specific Plan are to define the Holly-Seacliff development plan, including: o Distribution of planned residential uses and definition of permitted housing types. o Location , character and intensities of planned commercial , industrial and mixed development uses. o Alignments and design of arterial highways and locations of traffic control devices. o Design o-f community open spaces , parks , trails, and recreation facilities. o Grading guidelines. o Design and implementation of required public facilities including school facilities to serve existing and proposed development. o Design and implementation of the community theme elements. " 2) Page II-5 should be revised to include the following: 116 . Schools Schools are permitted to be designated and located within any Planning Area so as to accommodate a minimum of 600 grade K-5 students generated by the development of the Specific Plan and surrounding areas , in conjunction with appropriate General Plan amendments. " 1 � COY Tv ryR{Y{IN{OCW{�MC Mr. Howard Zelefsky September 3 , 1991 Page 5 3) Page II-10 should be revised to read as follows: {'h. Schools The Specific Plan Area is located within the Hun- tington Beach City School District (Grades K-8) and the Huntington Beach Union High School Dis- trict (Grades 9-12) . All development within the Specific Plan Area is subject to the payment of school impact fees at the time of issuance of building permits, in accordance with Government Code Section 53080 . School facility impact mitigation measures per Final Environmental Impact Report No. 89-1 shall be applied to development within the Specific Plan Area (see Section VI) . In accordance with the terms and conditions of Develop- ment Agreement No. 90-1 , the Developer shall designate an area for a public school site as provided for in the California Government Code, City Ordinances and other applicable laws. The conveyance of the school site from the Developer to the Huntington Beach City School District and the construction of the school facilities shall be pursuant to an Impact Mitigation and Financing Agreement by and between the Developer and the Dis- trict. The Agreement shall provide, at a minimum: 1 . The designation of a 10-acre net school site for a K-5 grade school to serve students generated by the residential development; 2 . Provisions for the conveyance of the school site to the District as part of the implementation of this Specific Plan; and 3 . Payment of school impact fees and provisions for other revenues to finance construction of the necessary school facilities. " 4) Page III-8 should be revised to include the following: 18 . School Facility A K-5 grade school facility shall be developed in accordance with the standards and requirements of the Huntington Beach City School District , the COb 111 S x I AS/OCuTfS WC Mr. Howard Zelefsky September 3 , 1991 Page 6 State of California Architect and the State of California Department of Education. The school site shall be located in a Planning Area of the development , so as to provide reasonable vehicular, bicycle, and pedestrian access/egress by all potential students, and shall not be lo- cated on an arterial highway, primary highway, or secondary highway. The site shall consist of a minimum of 10-acres (net) , a configuration where the depth of the site does not exceed width by 200% , a cirade differential of no more than 2% , no on-site or close proximity of oil wells or refinery operations, all utilities stubbed to the Property line, and at least two (2) access/egress Points to the site. 5) Page III-6 should be revised to include the following: 1115. Air Quality Conservation Measures Development within the Specific Plan Area should consider the following during project design : bicycle facilities, bus turnout lanes, bus shel- ters , park and ride areas , energy conserving lighting and traffic signal synchronization, where feasible. Bus turn-outs should be provided throughout the development in order to accommodate public transportation and school district transportation rider access/egress in a safe and hazard free con- dition. The location of such turn-outs shall be coordinated with the public transportation com- panies serving the area, and the Huntington Beach City School District. Bicycle routes and lanes shall be established signed, and implemented throughout the development to provide safe, hazard free and efficient routes to parks and schools. Route locations shall be coordinated with the Huntington Beach City School District. " �I �l I �gY/wfY MIYI NgCYlll.IC Mr. Howard Zelefsky September 3 , 1991 Page 7 6) Page IV-1 should be revised to read as follows: IIB. Public Facilities Improvement Responsibilities In order to provide for public facilities improve- ments necessary to serve all future development within the Holly-Seacliff area, developers will have a fair-share responsibility for either 1) constructing the necessary improvements required as described in the Specific Plan concurrent with project development, or 2) funding such necessary improvements if constructed by other developers. The City will determine and administer the fair- share responsibility for the master public facilities improvements, including sewer, water, drainage, roads, traffic controls, fire and police capital facilities as described in the Specific Plan . If a developer provides the necessary facilities beyond his fair-share responsibility, that developer shall be reimbursed from funds col- lected from other developers. If a developer is required to pay fees, those fees will be based on the City' s fair-share responsibility determina- tion . This determination will be based on a development' s proportional use of the master public facilities improvements necessary to serve the development utilizing assessment on a dwelling unit, acreage, building square footage or front footage basis. All improvements shall be condi- tioned to construct or pay fees per a Holly- Seacliff Public Facilities Fee Ordinance. Such construction or payment of fees shall be based on a fair-share responsibility program as ad- ministered by the City Public Works Department. As an alternative to developer funding, public im- provements financing may be available through the formation of assessment districts or community facilities (Mello-Roos) districts . These dis- tricts provide for the issuance of bonds for the design and construction of public facilities which shall be repaid by land owners in proportion to the benefits received by each user. The school facility improvements shall be imple- mented pursuant to the terms and conditions of an Impact Mitigation and Financing Agreement between cover«,.+nnu....oa.n..t Mr. Howard Zelefsky September 3 , 1991 Page 8 the Developer and the Huntington Beach City School District. Building permits shall be issued only in conlunction with the terms and conditions of that Agreement. " It would appear to us that until the Specific Plan addresses the concerns raised by the District, the Specific Plan is incomplete and is not in conformance with Section 2 . 2 . 9 (b) of the Develop- ment Agreement, and Section 65451 of the Government Code. Under the provisions of Mira , Hart and Murrieta , the City has the authority to deny the approval of the Specific Plan on the grounds that there are inadequate facilities to accommodate the student generation of the implementation of the Specific Plan. We would suggest that the District's proposed revisions provide adequate safeguards to allow the Specific Plan to proceed for ap- proval . We would request that your office take the appropriate actions to facilitate the modification of the Specific Plan , so as to address the District's comments and concerns. If you have any questions or wish additional information, please advise me accordingly. Sincerely, Psh NITY SYS MS ASSOCIATES, INC. a 1 B. r p dent mbk:mmg enclosures 16/97 cc: Mr. Mike Adams City of Huntington Beach Dr. Gary Burgner Huntington Beach City School District Dr. Duane Dishno Huntington Beach City School District Mr. Tom Zanic Urban West Communities COMMUNITY SYSTEMS ASSOCIATES.INC. April 1, 1991 Mr. Howard Zelefski VIA CERTIFIED MAIL Planning Director CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 SUBJECT: Holly-Seacliff Specific Plan (Draft) Comments of Huntington Beach City School District Dear Mr. Zelefski: We are in receipt of the Draft Specific Plan for the Holly- Seacliff area . In order to implement Section 2 . 2 . 8 of the Development Agreement and the EIR mitigation conditions of ap- proval for GPA No. 89-1, we believe that the Specific Plan should be modified to reflect specific revisions to follow, which address school issues and concerns: 1) Page I-1 should be revised to read as follows: 11B. Goals The goals of the Specific Plan are to define and refine the Holly-Seacliff development plan, including: o Distribution of planned residential uses and definition of permitted housing types. o Location, character and intensities of planned commercial, industrial and mixed development uses. o Alignments and design of arterial highways and locations of traffic control devices. o Design of community open "spaces, parks, trails, and recreation facilities. o Definition of grading concepts. o Design and implementation of required public facilities including school facilities to serve existing and proposed development. o Design and implementation of the community theme elements. " "publiciprivate project management, feasibility, and implementation" 1717 SOUTH STATE COLLEGE BOULEVARD • SUITE 100 •ANAHEIM,CALIFORNIA 92806 • TELEPHONE(714)978.8887 L'.M.F. Mr. Howard Zelefski CITY OF HUNTINGTON BEACH April 1, 1991 Page 2 2) Page II-5 should be revised to include the following: "G. Potential School Site A potential school site is designated in Planning Area (to be determined prior to final approval of Specific Plan) to be utilized by the Huntington Beach City School District to house a minimum of 600 stu- dents, grades K-5. The site is intended to serve the K-5 grade students generated by the development of the Specific Plan and the surrounding areas. " 3) Page II-10 should be revised to read as follows: "h. Schools The Specific Plan Area is located within the Huntington Beach City School District (Grades K-8) and the Hun- tington Beach Union High School District (Grades 9-12) . All development within the Specific Plan Area is sub- ject to the payment of school impact fees at the time of issuance of building permits, in accordance with Government Code Section 53080. A potential school site has been designated in Planning Area (to be desig- nated prior to final approval of Specific Plan) . In accordance with terms and conditions of Development Agreement No. 90-1 , the Developer shall designate an area for a public school site as provided for in the California Government Code, City Ordinances and other applicable laws. The conveyance of the school site from the Developer to the Huntington Beach City School District, and the construction of the school facilities shall be pursuant to an ImRact Mitigation and Reim- bursement Agreement by and between the Developer and the District. In accordance with EIR No. 89-1 the significant effect of the development on the Huntington Beach City School District has been substantially les- sened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and in- corporated into the prolectinto the proiect: IJ iI i"'d1:2"imma �..,,...,.,.. .,.,«....K Mr. Howard Zelefski CITY OF HUNTINGTON BEACH April 1, 1991 Page 3 I 3. The Specific Plan designates a site for a K-5 l grade school to serve students generated by the residential development; 2 . The Huntington Beach City School District and Developer shall enter into an agreement for con- veyance of the school site to the District as part of implementation of this Specific Plan; and 3 . Developers shall pay school impact fees to finance construction of necessary school facilities. " 4) Page III-6 should be revised to include the following: 12 . School Facility The K-5 grade school facility shall be developed in ac- cordance with the standards and requirements of the Huntington Beach City School District, the State of California Architect and the State of California Department of Education. The school site shall be lo- cated in the area of the development so as to provide reasonable vehicular , bicycle , and pedestrian access/egress by all potential students, and shall not be located on an arterial highway, 'Primary highway, or secondary highway. The site shall consist of a minimum of 10 acres (net) , a configuration where the depth of the site does not exceed width by 200% , a grade differential of no more than 2% , no on-site or close proximity of oil wells or refinery operations, all utilities stubbed to the property line, and at least two (2) access/egress points to the site. 5) Page III-6 should be revised to include the following: 13 . Bus and Bicycle Access/Egress Bus turn-outs should be provided throughout the development in order to accommodate public transporta- tion and school district transportation rider access/ egress in a save and hazard free condition. The loca- tion of such turn-outs shall be coordinated with the public transportation companies serving the area and the Huntington Beach City School District ITS C.,5.10.I.L7Mfw.-c �"=w Mr. Howard Zelefski CITY OF HUNTINGTON BEACH April 1, 1991 Page 4 Bicycle routes and lanes shall be established, signed and implemented throughout the development to provide safe hazard free and efficient routes to parks and schools. Route locations shall be coordinated with the Huntington Beach City School District. 6) Page IV-1 should be revised to read as follows: "B. Public Facilities Improvement Responsibilities In order to provide for public facilities improvements necessary to serve all future development within the Holly-Seacliff area, developers will have a fair-share responsibility for either (1) constructing the neces- sary improvements required as described in the Specific Plan concurrent with project development, or (2) fund- ing such necessary improvements if constructed by other developers. The City will determine and administer the fair-share responsibility for the master public facilities improvements, including sewer, water, drainage , roads , traffic controls , fire and police capital facilities as described in the Specific Plan. If a developer provides the necessary facilities beyond his fair-share responsibility, that developer shall be t reimbursed from funds collected from other developers. If a developer is required to pay fees, those fees will be based on the City's fair-share responsibility deter- mination. This determination will be based on a development's proportional use of the master public facilities improvements necessary to serve the develop- ment utilizing assessment on a dwelling unit, acreage, building square footage or front footage basis. All development projects to be served by the master public facilities improvement shall be conditioned to con- struct or fund necessary Public Facilities Improvement based on a fair-share responsibility program as ad- ministered by the City Public Works Department. As an alternative to developer funding, public improve- ments financing may be available through the formation of assessment districts or community facilities (Mello- Roos) districts. These districts provide for the is- suance of bonds for the design and construction fo public facilities which shall be repaid by land ownersmw in proportion to the benefits received by each user. ' irsi i'� _ Mr. Howard Zelefski CITY OF HUNTINGTON BEACH April 1, 1991 Page 5 The school facility improvements shall be implemented pursuant to the terms and conditions of an Impact Mitigation and Reimbursement Agreement between the Developer and the Huntington Beach City School Dis- trict. Building permits shall be issued only in con- I junction with the terms and conditions of the Agree- ment. " It would appear to us that until the Specific Plan addresses the concerns raised by the District, and a site is designated and shown on the General Development Plan which has been approved by the District, the Specific Plan is . incomplete and is not in con- formance with Section 2 . 2 . 9 (b) of the Development Agreement. i We would request that your office take the appropriate actions to facilitate the modification of the Specific Plan, so as to address the District's comments and concerns. Thank you for your assistance and consideration. We look forward to this revised draft. I i Sincerely, ` CO ITY SY/S MS ASSOCIATES, INC. l a sha 1 B upp President MBK:dl 3 : 129 cc: Dr. Gary Burgner Huntington Beach City School District Mr. Tom Zanic Urban West Communities, Inc. I Dr. Joel Kirschenstein Sage Institute, Inc. i s_ : I=- ir: n lull t COMMUNITY SYSTEMS ASSOCIATES,INC. June 11, 1991 VIA CERTIFIED MAIL Mr. Howard Zelefsky Planning Director CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 RE: Holly-Seacliff Specific Plan (Draft) Comments of Huntington Beach City School District Dear Mr. Zelefsky: On April 1, 1991, on behalf of the Huntington Beach City School District ("District") , we transmitted a letter indicating provi- sions of the Specific Plan for the Holly-Seacliff area which needed to be modified to address the District's school issues and concerns. We received from Mr. Bob Franklin, a copy of the Draft Specific Plan, revised as of June 6 , 1991 , and was informed that the Specific Plan is tentatively scheduled for consideration by the Planning Commission on July 2 , 1991. We note that our April 1 , 1991 comments have not been incor- porated into the Specific Plan draft dated June 6 , 1991. We want to reiterate that in order to implement Section 2 . 2 . 8 of the Development Agreement and the EIR mitigation conditions of ap- proval for GPA No. 89-1, we believe that the Specific Plan should be modified to reflect specific revisions to follow, which address school issues and concerns. These were stated in our April 1 , 1991 letter and are re-stated herein for reconsideration: 1) Page I-1 should be revised to read as follows: "B. Goals The goals of the Specific Plan are to define and refine the Holly-Seacliff development plan, including: o Distribution of planned residential uses and definition of permitted housing types . o Location , character and intensities of planned commercial , industrial and mixed development uses . "public/private project management, feasibility, and Implementation" 1717 SOUTH STATE COLLEGE BOULEVARD • SUITE 100 • ANAHEIM, CALIFORNIA 92806 •TELEPHONE(714)978-8887 Mr. Howard Zelefsky June 11, 1991 Page 2 o Alignments and design of arterial highways and locations of traffic control devices. o Design of community open spaces, parks, trails, and recreation facilities. o Definition of grading concepts. o Design and implementation of required public facilities including school facilities to serve existing and proposed development. o Design and implementation of the community theme elements. " 2) Page II-5 should be revised to include the following: "G. Potential School Site A potential school site is designated in Planning Area (to be determined prior to final approval of Specific Plan) to be utilized by the Huntington Beach City School District to house a minimum of 600 stu- dents, grades K-5. The site is intended to serve the K-5 grade students generated by the development of the Specific Plan and the surrounding areas . " 3) Page II-10 should be revised to read as follows: "h. Schools The Specific Plan Area is located within the Huntington Beach City School District (Grades K-8) and the Hun- tington Beach Union High School District (Grades 9-12) . All development within the Specific Plan Area is sub- ject to the payment of school impact fees at the time of issuance of building permits, in accordance with Government Code Section 53080. A potential school site has been designated in Planning Area (to be desig- nated prior to final_ approval of Specific Plan) . In accordance with terms and conditions of Development Agreement No. 90-1 , the Developer shall designate an area for a public school site as provided for in the California Government Code, City Ordinances and other J ' Mr. Howard Zelefsky June 11, 1991 Page 3 applicable laws. The conveyance of the school site from the Developer to the Huntington Beach City School District and the construction of the school facilities shall be pursuant to an Impact Mitigation and Reim- bursement Agreement by and between the Developer and the District. In accordance with EIR No. 89-1 , the significant effect of the development on the Huntington Beach City School District has been substantially les- sened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and in- corporated into the proiect: 1. The Specific Plan designates a site for a K-5 grade-school to serve students generated by the residential development: 2 . The Huntington Beach City School District and Developer shall enter into an agreement for con- veyance of the school site to the District as part of implementation of this Specific Plan; and 3 . Developers shall pay school impact fees to finance construction of necessary school facilities. " 4) Page III-6 should be revised to include the following: 12 . School Facility The K-5 grade school facility shall be developed in ac- cordance with the standards and requirements of the Huntington Beach City School District the State of California Architect and the State of California Department of Education. The school site shall be lo- cated in the area of the development so as to provide reasonable vehicular , bicycle and pedestrian access/egress by all potential students and shall not be located on an arterial highway, primary highway, or secondary highway. The site shall consist of a minimum of 10 acres (net) a configuration where the depth of the site does not exceed width by 200$ a grade differential of no more than 2% no on-site or close proximity of oil wells or refinery operations, all utilities stubbed to the property line , and at least two _(2) access/egress points to the site. co..r.r..r.sms.syocre i.c � Mr. Howard Zelefsky June 11, 1991 Page 4 5) Page III-6 should be revised to include the following: 13 . Bus and Bicycle Access/Egress Bus turn-outs should be provided throughout the development in order to accommodate public transporta- tion and school district transportation rider access/ egress in a save and hazard free condition. The loca- tion of such turn-outs shall be coordinated with the public transportation companies serving the area, and the Huntington Beach City School District. Bicycle routes and lanes shall be established, signed and implemented throughout the development to provide safe, hazard free and efficient routes to parks and schools. Route locations shall be coordinated with the Huntington Beach City School District. 6) Page IV-1 should be revised to read as follows: B. Public Facilities Improvement Responsibilities In order to provide for public facilities improvements necessary to serve all future development within the Holly-Seacliff area, developers will have a fair-share responsibility for either (1) constructing the neces- sary improvements required as described in the Specific Plan concurrent with project development, or (2) fund- ing such necessary improvements if constructed by other developers. The City will determine and administer the fair-share responsibility for the master public facilities improvements , including sewer, water, drainage, roads , traffic controls , fire and police capital facilities as described in the Specific Plan. If a developer provides the necessary facilities beyond his fair-share responsibility, that developer shall be reimbursed from funds collected from other developers. If a developer is required to pay fees, those fees will be based on the City's fair-share responsibility deter- mination . This determination will be based on a development's proportional use of the master public facilities improvements necessary to serve the develop- ment utilizing assessment on a dwelling unit, acreage, building square footage or front footage basis . All r Mr. Howard Zelefsky June 11, 1991 Page 5 development projects to be served by the master public facilities improvement shall be conditioned to con- struct or fund necessary Public Facilities Improvement based on a fair-share responsibility program as ad- ministered by the City Public Works Department. As an alternative to developer funding, public improve- ments financing may be available through the formation of assessment districts or community facilities (Mello- Roos) districts. These districts provide for the is- suance of bonds for the design and construction for public facilities which shall be repaid by land owners in proportion to the benefits received by each user. The school facility improvements shall be implemented pursuant to the terms and conditions of an Impact Mitigation and ReimbuKsement Agreement between the Developer and the Huntington Beach City School Dis- trict. Building permits shall be issued only in con- -iunction with the terms and conditions of the Agree- ment. " In addition, we want you to note that the alternative school site proposed to be located from the north side of Garfield Avenue to the south side of Garfield Avenue , as shown on the General Development Plan, Exhibit 2 and Exhibit 5, does not conform to the location as has been previously identified by the Developer. The proposed alternative site has been shown to be located in Planning Area III-3 , which consists of 11-acres and is generally square in shape. Exhibits 2 and 5 also show that Saddleback Lane on the north side of Garfield Avenue will continue to the south and extend into the Specific Plan area separating Planning Areas III-4 and III-5 . This appears to be inconsistent with the proposal shown to us by the Developer which indicated a) no ex- tension of Saddleback Lane to the south of Garfield Avenue; and b) a school site of 5. 5 acres at the southwest corner of Planning Area III-3 and an adjacent linear park extending through Planning Areas III-3 , III-4 , and III-7, to be used as a joint use facility between the City and the School District. Please note that we are not in any way approving the Specific Plan school site in Planning Area III-3 as a replacement site to the one proposed north of Garfield Avenue, but rather are iden- Mr. Howard Zelefsky June 11, 1991 Page 6 tifying an inconsistency between what the Developer has shown the District and what the Specific Plan shows. It would appear to us that the location of the school site in Planning Area III-3 has several constraints or disadvantages: 1) The site appears to be too far southwest of the center of residential activity of both the Ellis-Goldenwest and Holly-Seacliff Specific Plan residential areas; and 2) The site's proximity to the Alquist-Priolo Zone Over- lay, as shown in Exhibit 14 , would appear to indicate that the school site will not be approved by the State of California Department of Education, or comply with the requirements of the California State Architect. Based upon the information presented to date, the school site location in Planning Area III-3 appears to be unacceptable to the District in terms of size, configuration, and location. Assuming the 1991 estimated student generation factor of . 1777 students per residential unit, as set forth in the District's AB 1600 Development Fee Implementation Study and Findings Report dated March 1 , 1989 , we would project that the Holly- Seacliff/Ellis-Goldenwest Specific Plan, based upon General Plan Amendment No. 89-1, would generate 783 . 66 (±) students, based upon the land use plan and 984 . 64 (±) students, based upon the General Plan maximum density. This would require the following acreage in accordance with the 1966 edition of the School Site Analysis and Development Guide, up-dated as of 1987 . 785 (+) 985 (+ ) Grade Student Enrollment Student Enrollment Kindergarten 50 50 1 -3 275 351 4-6 275 351 7-8 185 233 Total 785 985 5 �I 'AJi�.�tn=yR1 Mr. Howard Zelefsky June 11, 1991 Page 7 Required Acres 785(+) 985(+) Grade Student Enrollment Student Enrollment Kindergarten .3 .3 1 -3 2 . 7 3 .9 4-6 5 .8 8. 0 7-8 9. 1 9. 1 Total 17.9 21 .3 In consideration of the fact that the District does not initially intend to house 6-8 grade students in the proposed school and that the site is in an urban location, the District has required that the school site be 10-acres net, calculated as follows: Required Acres Grade 785 Students 985 Students Kindergarten 50 .3 50 .3 1 -3 275 2. 7 351 3 .9 4-5 184 5_8 234 5 .8 Total ( 1 ) 509 8.8 635 10 . 0 ( 1 ) Calculation does not provide for expansion requirements to accom- modate grades 6-8, if other District facilities cannot accommodate impact , or for day-care requirements of the District . Assuming the 1991 estimated student generation factor of . 1777 students per residential unit, as set forth in the District's AB 1600 Development Fee Implementation Study and Findings Report dated March 1 , 1989 , we would project that the Holly- Seacliff/Ellis-Goldenwest Specific Plan, based upon the Draft Specific Plan text, would generate 781. 88 (±) students, based upon the land use plan and 1 , 141 . 01 (±) students , based upon the General Plan maximum density. This would require the following acreage in accordance with the 1966 edition of the School Site Analysis and Development Guide, up-dated as of 1987 . 782(+) 1 , 041 (+ ) Grade Student Enrollment Student Enrollment Kindergarten 50 50 1 -3 275 372 4 -6 275 372 4 7-8 182 247 Total 782 1 , 041 f 1�I Mr. Howard Zelefsky June 11, 1991 Page 8 Required Acres 782(+) 1 , 041 (+) Grade Student Enrollment Student Enrollment Kindergarten .3 .3 1 -3 2. 7 3 .9 4-6 5 . 8 8. 0 7-8 9 . 1 9 . 1 Total 17.9 21 .3 In consideration of the fact that the District does not initially intend to house 6-8 grade students in the proposed school and that the site is in an urban location, the District has required that the school site be 10-acres net, calculated as follows : Required Acres Grade 782 Students 1 , 041 Students Kindergarten 50 .3 50 .3 1 -3 275 2 .7 372 3 .9 4-5 184 5 . 8 248 5=8 Total ( 1 ) 509 8 .8 670 10 . 0 ( 1 ) calculation does not provide for expansion requirements to accom- modate grades 6-8, if other District facilities cannot accommodate impact , or for day-care requirements of the District . The District's requirement for a 10-acre net site is the minimum required school size, and complies with all previous documenta- tion. Please be advised that we have contacted the State of California, Department of Education, School Facilities Planning Division to determine if they maintain a published guide or internal guidelines which reflects a more up-to-date standard for school sites. They have reaffirmed for us that the 1987 update of the 1966 Edition School Site Analysis and Edition School Site Analysis and Development Guide is the accepted guideline used throughout the State at this time. The Guide sets forth, on page 8 , the following guidelines: "This guide offers a valid technique for school ad- ministrators and governing boards of school districts to determine more accurately than was previously possible the to..w•.•fti*t s yso[w is+citisi� d_:+-�� Mr. Howard Zelefsky June 11, 1991 Page 9 land requirements for new schools. However, the task con- tinues to be a do-it-yourself project for each district. The formulas are flexible enough to permit each district to tailor its final answers as it wishes and, as necessary, to meet conditions which are unusual or exceptional. A district is responsible for deciding whether it will buy the amount of land determined by following the procedures explained in this guide . However, the board will know whether it is the amount of land needed as determined by the use of the information in this guide . If the board is buying less than this amount, it can determine what elements of the school program will be eliminated or curtailed. " If the Developer is unable to provide a 10-acre net school site, as shown in General Plan Amendment No. 89-1 to the west of Sad- dleback Lane and north of Garfield Avenue, we would recommend that the Developer instead of proposing to relocate the school site south of Garfield Avenue, initiate a General Plan amendment to relocate the school site to the northeast corner of Saddleback Lane and Garfield Avenue. This would preclude conflict with the Alquist-Priolo Zone Overlay and ensure a central location to serve both Specific Plan areas with appropriate access/egress . This certainly would effect the design of Tentative Tract Map No. 14010 presently being processed. The District raises further objection with regard to the proce- dure of processing the Specific Plan, particularly the prepara- tion of environmental documentation. The District understands that the City intends to utilize Environmental Impact Report No. 89-1 prepared on the Holly-Seacliff General Plan Amendment No. 89-1 , and intends to prepare a Negative Declaration on the Specific Plan. We would suggest that the Specific Plan is not in conformance with General Plan Amendment No. 89-1 or the applicable Develop- ment Agreement between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners, and that a subsequent Environ- mental Impact Report , pursuant to Section 15162 of the CEQA Guidelines, processed in accordance with the Guidelines for the Implementation of CEQA, is required. CM2.5� %low Mr. Howard Zelefsky June 11 , 1991 Page 10 Please note that Section 2 . 3 . 1 of the Development Agreement states: 112 . 3 . 1 Permitted Development On and Uses of the Property. The permitted used of the Property, the density and inten- sity of use, the maximum height, bulk, and size of proposed buildings , parking requirements , other development and building standards, provisions for reservation or dedication of land for public purposes , the location and design of public improvements, and all other terms and conditions ap- plicable to Development of the Property shall be those set forth in City's Existing Land Use Regulations and all other terms and conditions set forth in this Agreement. " "Existing Land Use Regulations" is defined in Section 1 of the Draft Agreement, as follows: "l. The Ellis-Goldenwest Specific Plan, approved by the City Council through its adoption of Ordinance No. 2998 on June 26, 1989 ; 2 . Holly-Seacliff General Plan Amendment No. 89-1 approved by the City Council through its adoption of Resolution No. 6098 on January 8 , 1990; 3 . EIR No. 88-2 prepared for the Ellis-Goldenwest Specific Plan (adopted on May 1, 1989 by Resolution No. 6022) ; 4 . EIR No. 89-1 prepared for the Holly-Seacliff General Plan Amendment (adopted on January 8 , 1990 by Resolu- tion No. 6097) ; 5. All elements of the City's General Plan, including the recently adopted Housing Element and the current Coas- tal Element; 6. The City 's existing zoning code shall serve as the development standards for the Project unless and until superseded by the City's adoption and incorporation into this Agreement of the "Holly-Seacliff Specific Plan" ; 7 . All other ordinances, resolutions, codes, rules and regulations of the City which are in force on the Ef- fective Date of this Agreement; and C puwir it S+T[ 3 ifSOCur[S K �� Mr. Howard Zelefsky June 11, 1991 Page 11 8 . All other provisions of this Agreement relating to the development and use of the property. " The total units proposed by the Specific Plan is 3 , 930, while General Plan Amendment No . 89-1 suggests a land use plan of 3 , 940. There certainly appears to be conformity with regard to the number of units proposed. However, the extrapolation of the allowed density would permit 6, 421 total units, or 5, 948 for the Holly-Seacliff Specific Plan. We note that the proposed Land Use Plan contained within General Plan Amendment No. 89-1 and the Land Use Element set forth in the Development Agreement have been substantially modified, which may have a significant effect on the District's ability to provide its educational facilities and services to the Specific Plan area. The observed modifications include: 1) The circulation network in Planning Areas II and III has been modified; and 2) The land use patterns in Planning Areas II and III has been modified. These changes are significant enough to require supplemental en- vironmental analysis including a) traffic impact evaluations ; b) land use compatibility analysis; and c) school siting locational analysis, etc. The additional analysis should be conducted through a Subsequent Environmental Impact Report, and appropriate review and comment periods should be provided to the District in order to comply with CEQA. It would appear to us that until the Specific Plan addresses the concerns raised by the District, and a site is designated and shown on the General Development Plan which has been approved by the District, the Specific Plan is incomplete and is not in con- formance with Section 2 . 2 . 9 (b) of the Development Agreement. We would again request that your office take careful considera- tion and appropriate actions to facilitate the modification of the Specific Plan, so as to address the District's comments and concerns. For reference, we have attached spreadsheets substan- tiating the General Plan Amendment potential enrollment impacts and the Specific Plan potential enrollment impacts. In addition, a copy of the State's School Site Analysis and Development Guide is attached. Cpuwr•SRt u3,ysocurtl K �� Mr. Howard Zelefsky June 11, 1991 Page 12 Thank you for your assistance and consideration. We look forward to this revised draft. Sincerely, CO UNITY SY S ASSOCIATES, INC. s� uPP r siden MBK:mmg Enclosures 16/45 cc: Mayor John Erskine City of Huntington Beach Dr. Gary Burgner Huntington Beach City School District Mr. Tom Zanic Urban West Communities HUNTINGTON BEACH SCHOOL DISTRICT HOLLY-SEACLIFF/ELLIS -GOLDENWEST AREA GENERAL PLAN A14ENOMENT AREA SUB-AREA ACRES UNITS UNITS STUDENTS STUDENTS L.U. PLAN G.P. MAX L.U. PLAN G.P. MAX 0.1700 0.1700 A A-1 7 25 28 4.25 4.76 A-2 26 90 104 15.30 17.68 A-3 16 55 64 9.35 10.88 A-4 26 0 0 0.00 0.00 SUB-TOTAL 75 170 196 28.90 33.32 1; OF TOTAL 9.77% 3.85% 3.54% 3.85% 3.54% 8 B-1 56 165 168 28.05 28.56 B-2 46 140 140 23.80 23.80 B-3 58 165 165 28.05 28.05 B-4 40 0 0 0.00 0.00 SUB-TOTAL 200 470 473 79.90 80.41 % OF TOTAL 26.04% 10.56`r 8.54% 10.66, 8.54% C C-1 64 310 448 52.70 76.16 C-2 29 240 435 40.80 73.95 C-3 7 60 105 10.20 17.85 C-4 20 400 500 68.00 85.00 C-5 33 425 495 12.25 84.15 C-6 6 100 150 17.00 25.50 C-7 32 0 0 0.00 0.00 SUB-TOTAL 191 1,535 2,133 260.95 362.61 % OF TOTAL 24.87% 34.81% 38.49% 34.81% 38.49% NORTH OF GARFIELD 465 2.175 2.802 369.75 476.34 % OF TOTAL 60.68% 49.32% 50.57% 49.32% 50.57% D 0-1 18 225 270 38.25 45.90 0-2 23 150 161 25.50 27.37 D-3 63 370 441 62.90 74.97 0-4 17 100 119 17.00 20.23 0-5 22 265 330 45.05 56.10 0-6 13 260 325 44.20 55,25 0-7 14 80 98 13.60 16.66 0-8 7 0 0 0.00 0.00 D-9 13 0 0 0.00 0.00 SUB-TOTAL 190 1,450 1,744 246.50 296.48 % OF TOTAL 24.14% 32.88% 31.47% 32.88% 31.47% E E-1 16 155 240 26.35 40.80 E-2 8 70 120 11.90 20.40 E-3 9 85 135 14.45 22.95 E-4 53 475 500 80.75 85.00 E-5 4 0 0 0.00 0.00 E-6 22 0 0 0.00 0.00 SUB-TOTAL 112 785 995 133.45 169.15 % OF TOTAL 14.58% 17.80% 17.96% 17.80% 17.96% SOUTH V GARFIELD 302 2,235 2,739 379.95 465.63 % OF TOTAL 39.32% 50,68% 49.43% 50.68% 49.43; TOTAL 768 4,410 5,541 749.70 941.97 % OF TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% I ` HUNTINGTON BEACH SCHOOL DISTRICT HOLLY-SEACLIFF/ELLIS -GOLDENWEST AREA SPECIFIC PLANS AREA SUB-AREA ACRES UNITS UNITS STUDENTS STUDENTS L.U. PLAN G.P. MAX L.U. PLAN G.P. MAX 0.1777 0.1777 1 1-1 6 15 24 2.67 4.25 1-2 26 90 104 15.99 18.48 I-3 16 55 64 9.77 11.37 1-4 16 0 0 0.00 0.00 SUE-TOTAL 64 160 192 29.43 34.12 OF TOTAL 8.32% 3.64% 2.99% 3.64% 2.99% B 8-1 56 165 168 29.32 29.85 B-2 46 140 140 24.88 24.88 B-3 58 165 165 29.32 29.32 B-4 40 0 0 0.00 0.00 SU8-TOTAL 200 470 473 83.52 84.05 OF TOTAL 26.01% 10.68% 7.37% 10.68% 7.37% II II-1 62 310 434 55.09 77.12 11-2 40 415 600 73.75 106.62 1I-3 34 390 510 69.30 90.63 II-4 9 170 225 30.21 39.98 11-5 4 75 111 11,33 17.77 II-6 4 75 100 13.33 17.77 11-7 6 100 150 17.77 26.66 II-8 32 0 0 0.00 0.00 SUB-TOTAL 191 1,535 2,119 272.77 376.55 % OF TOTAL 24.84% 34.89% 33.00% 34.89% 33.00% NORTH OF GARFIELD 455 2,165 2,784 384.72 494.72 % OF TOTAL 59.17% 49.20% 43.35% 49.20% 43.36% 11I 111-1 19 260 285 46.20 50.64 111-2 109 550 763 97.74 135.59 II1-3 11 140 165 24.88 29.32 111-4 10 220 250 39.09 44.43 III-5 18 240 270 42.65 47.98 111-6 7 0 0 0.00 0.00 111-7 12 40 84 7.11 14.93 111-8 16 0 0 0.00 0.00 SUB-TOTAL 202 1,450 1,817 257.67 322.88 % OF TOTAL 26.27% 32.95% 28.30% 32.95% 28.30% IV I1-1 16 155 241 21,54 42.65 IV-2 8 70 120 12.44 21.32 IV-3 9 85 135 15.10 23.99 IV-4 53 475 1,325 84.41 235.45 IV-5 22 0 0 0.00 0.00 IV-6 4 0 0 0.00 0.00 SUB-TOTAL 112 785 1,820 139.49 323.41 % OF TOTAL 14.56% 17.84% 28.34% 17.84% 28.34% SOUTH OF GARFIELD 314 2,235 3,637 397.16 646.29 % OF TOTAL 40.83% 50.80% 56.64% 50.80% 56.64% TOTAL 769 4,400 6,421 781.88 1,141.01 OF TOTAL 100.00% 100.00% 100.00% 100.00; 100.00% HUNTINGTON BEA DISTRICT HOLLY-SEACLIFFGOLDENNESI AREA SPECIFIC PLANS AREA SUB-AREA ACRES UNITS UNITS STUDENTS STUDENTS L.U. PLAN G.P. MAX L.U. PLAN G.P. MAX 0.1777 0.1777 1 1-1 6 IS 24 2.67 4.26 1-2 26 90 104 15.99 18.46 1-3 16 55 64 9.77 11.37 1-4 16 0 0 0.00 0.00 SUB-TOIAL 64 160 192 28.43 34.12 t OF TOTAL 8.32% 3.64t 2.29% 3.64% 2.99% 8 8-1 56 165 168 29.32 29.85 8-2 46 140 140 24.88 24.88 8-3 58 165 165 29.32 29.32 8-4 40 0 0 0.00 0.00 SUB-TOTAL 200 470 473 83.52 84.05 t OF TOTAL 26.01% 10.69% 7.31% 10.68% 7.37% 11 11-1 62 310 434 55.09 77.12 11-2 40 415 600 73.75 106.62 11-3 34 390 510 69.30 90.63 11-4 9 170 225 30.21 39.98 11-5 4 75 100 13.33 17.77 11-6 4 15 100 13.33 17.77 11-7 6 100 150 17.77 26.66 11-8 32 0 0 0.00 0.00 SUB-TOTAL 191 1.535 2,119 272.77 376.55 t Of TOTAL 24.84% 34.89t 33.00t 34.89% 33.00% NORTH OF GARFIELD 455 2,165 2,784 364,72 494.72 t OF TOTAL 59.17% 49.20t 43.36% 42,20% 43.36% 111 111-1 19 260 285 46.20 50.64 111-1 109 550 763 97.74 135.59 111-3 11 140 165 24.90 29.32 111-4 10 220 250 39.09 44.43 111-5 18 240 270 42.65 47.98 111-6 7 0 0 0.00 0.00 111-7 12 40 84 7.11 14.93 111-8 16 0 0 0.00 0.00 SUB-TOTAL 202 1,450 1,817 257.67 322.88 t OF TOTAL 26.27% 32.95% 29.30% 32.95% 28.30% IV IV-1 16 155 240 27.54 42.65 IV-2 8 70 120 12.44 21.32 IV-3 9 85 135 15.10 23.99 IV-4 53 475 1.325 $4.41 235.45 IV-5 22 0 0 0.00 0.00 IV-6 4 0 0 0.00 0.00 SUB-TOTAL 112 785 1,820 139.49 323.41 % OF TOTAL 14.56% 17.84% 28.34% 17.84% 28.34% SOUTH OF GARFIELD 314 2.235 3,637 397.16 646.29 1 OF TOTAL 40.83% 50.80% 56.64% 50.80% 56.64% TOTAL 769 4,400 6,421 781.88 1,141.01 % OF TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% J t MUNTlk6TON BE3 OOL DISTRICT HOLLY-SEACLIFF, , -GOLDEMWEST AREA GENERAL PLAN AMENDMENT AREA SUB-AREA ACRES UNITS UNITS STUDENTS STUDENTS L.U. PLAN G.P. MAX L.U. PLAN G.P. NAX 0.1700 0.1700 A A-1 7 25 28 4.25 4.76 A-2 26 90 104 15.30 17.68 A-3 16 55 64 9.35 10.88 A-4 26 0 0 0.00 0.00 SUB-TOTAL 75 170 196 28.90 33.32 % OF TOTAL 9.77% 3.85% 3.54% 3.85% 3.54% B B-1 56 165 168 28.05 28.56 B-2 46 140 140 23.80 23.80 B-3 58 165 165 28.05 28.05 B-4 40 0 0 0.00 0.00 SUB-TOTAL 200 470 473 79.90 80.41 4 % OF TOTAL 26.04% 10.66% 8.54% 10.66% 8.54% C C-1 64 310 448 52.70 76.16 C-2 29 240 435 40.80 73.95 C-3 7 60 105 10.20 17.85 C-4 20 400 500 69.00 85.00 C-5 33 425 495 72.25 04.15 C-6 6 100 150 17.00 25.50 C-7 32 0 0 0.00 0.00 SUB-TOTAL 191 1.535 2,133 250.95 362.61 % OF TOTAL 24.87% 34.81% 38.49% 34.81% 38.49% NORTH OF GARFIELD 466 2,175 2,802 369.75 476.34 % OF TOTAL 60.68% 49.32% 50.57% 49.32% 50.57% D 0-1 18 225 270 38.25 45.90 D-2 23 150 161 25.50 27.37 0-3 63 370 441 62.90 74.97 0-4 17 100 119 17.00 20.23 0-5 22 265 330 4S.05 56.10 D-5 13 260 325 44.20 55.25 D-7 14 80 98 13.60 16.66 0-8 7 0 0 0.00 0.00 D-9 13 0 0 0.00 0.00 SUB-TOTAL 190 1,450 1,744 246.50 296,48 % OF TOTAL 24.74% 32.88% 31,47% 32.88% 31.47% E E-1 16 155 240 26.35 40.80 E-2 8 70 120 11.90 20.40 E-3 9 85 135 14.45 22.95 E-4 53 475 500 80.75 85.00 E-5 4 0 0 0.00 0.00 E-6 22 0 0 0.00 0.00 SUB-TOTAL 112 785 995 133.45 169.15 t OF TOTAL 14.58% 17.80% 17.96% 17.80% 17.96% SOUTH OF GARFIELD 302 2,235 2.739 379.95 465.63 % Of TOTAL 39.32% 50.68% 49.43% 50.68% 49.43% TOTAL 768 4.410 5,541 749.70 941.97 % OF TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% WEAVER & MOLA 19061 CRYSTAL STREET HUNTINGTON BEACH, CALIFORNIA 92648 TELEPHONE 714 536-8223 714 848-0097 C � ' � n September 12, 1991 Dc;,r. of Chairman & Members of the Planning Commission City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Holly Seacliff Specific Plan September 17, 1991 Planning Commission Hearing Dear Chairman and Members of the Planning Commission: -� As significant property owners in the area bound by Garfield on the north, Clay on the south, Crystal on the east, and Stewart on the west, Weaver & Mola and Gustafson Brothers have reviewed the draft Holly Seacliff Specific Plan and attended the various public workshops in connection with the development of that Plan. Although we are not desirous of delaying the approval of the Plan, we are vitally concerned about (i) the proposed road bisecting the above referenced block and (ii)the proposed residential land use designation for the southern part of that block, which area encompasses the lot currently owned and operated by Gustafson Brothers (automotive repair). In pursuing an appropriate resolution in connection with both the elimination of the road (which initially was proposed in the Plan as a buffer element between the industrial and residential land uses), and the elimination of the residential land use designation so the area will remain industrial,we have met with staff and staff has suggested, and we concur, that this area be "white-holed" (temporary suspension of zoning designation), thus allowing the Plan to move forward for approval. This approach will allow us to work with staff in resolving both the circulation and land use concerns noted above, thus allowing us to file the appropriate GPA and Plan amendments needed to resolve these concerns. 1 i � - 1 Chairman, Members of the Planning Commission City of Huntington Beach September 12, 1991 Page Two Accordingly, we would respectively request that the Planning Commission support this "white-holed" approach for the referenced block as confirmed by your staff and the undersigned. Thank you for your consideration. Sincerely, Wearer & Mola J rl We er By: ra o Gustafson Brothers .1 n GusiafsbtV i i cc: Robert Franklin, Associate Planner Howard Zelesky, Planning Director Dick Harlow, Harlow & Associates r r J O R qF r ADDENDUM To Final Environmental Impact Report No. 89-1 for The Holly-Seacliff MASTER PLAN Prepared for: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Prepared by: FORMA July 1991 TABLE OF CONTENTS Page 1.0 EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Environmental Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Purpose and Scope of EIR Addendum . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.3 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.0 PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.1 Geographical Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.2 Project Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.3 Project Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4.0 ENVIRONMENTAL COMPONENTS REVIEWED . . . . . . . . . . . . . . . . . . . 16 Subject Analysis Findings/Mitigation Measures Conclusion 1. Earth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 _ 2. Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4. Plant Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5. Animal Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 7. Light and Glare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 8. Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 _ 9. Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10. Risk of Upset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11. Population/Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 12. Transportation/Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 13. Public Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14. Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 15. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 16. Human Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 17. Aesthetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 18. Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 19. Cultural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.0 REFERENCES/AUTHOR AND CONTACT PERSONS . . . . . . . . . . . . . . . 40 6.0 APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 i , w EXHIBITS Page 1. Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .� 2. Adopted Land Use Element Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Proposed Land Use Element Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. Land Use Element Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Land Use Element Statistical Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 ii T 1.0 EXECUTIVE SUMMARY The proposed project consists of a Zone Change (Zone Change No. 90-10), Zoning Code Amendment (Code Amendment No. 90-10) to implement the Holly-Seacliff Master Plan (GPA 89-1) by establishing Specific Plan Zoning in the Holly-Seacliff area. Additionally, an amendment to the City of Huntington Beach existing General Plan (GPA 91-2) is proposed to provide for: • The relocation of eight acres of Medium-High Density Residentially designated property in Holly-Seacliff Master Plan Area C (Specific Plan Area II) from the east side of Gothard Street to the west side of Main Street; • The relocation of seven acres of General Commercially designated property in Holly-Seacliff Master Plan Area D (Specific Plan Area III) from the southeast corner of Garfield Avenue and Edwards Street to the — southwest corner of Garfield Avenue and Goldenwest Street; and • The addition of Resource Production as a permitted land use within the Industrial District (Planning Unit IV-5 of Specific Plan Area IV) and the deletion of Resource Production as a permitted land use in the residential districts (Planning Units II-2 and II-3). Other proposed refinements are the result of City-requested modifications to the internal circulation system and more precise acreage calculations. The intensity of �- development and the total number of dwelling units in each Planning Area remain unchanged. Based on an Environmental Assessment prepared by the City of Huntington Beach to identify any potential environment impacts associated with the proposed General Plan Amendment and Holly-Seacliff Specific Plan (HSSP), the proposed request has been determined to be substantially consistent with the Holly-Seacliff Master Plan project originally analyzed in Environmental Impact Report (EIR) No. 89-1. Holly-Seacliff —� EIR Addendum 450/04.000 July 31, 1991 1 Although no additional environmental impacts have been identified as part of the Environmental Assessment process, the City of Huntington Beach Environmental Assessment Committee has determined that the preparation of this Addendum to EIR No. 89-1 to provide minor technical changes is adequate to meet the environmental review requirements of the California Environmental Quality Act (CEQA). The components of this Addendum to Final EIR No. 89-1 are organized into six (6) sections: 1) Executive Summary -- provides an overview of the proposed General Plan Amendment, Zone Change, Code Amendment and document organization. 2) Introduction -- describes previous environmental review of the project area, proposed scope and background for the EIR Addendum, and provides a review of applicable project-related approvals. 3) Project Description -- describes the project location and characteristics, objectives for amending the General Plan, and a detailed review of the requested land use refinements. 4) Environmental Components Reviewed -- provides a comparative analysis of the proposed General Plan Amendment/Zone Change Land Use refinements with the environmental analysis and Findings contained in Final EIR No. 89-1. 5) References/Author and Contact Persons -- provides a listing of reference documents used to prepare the Addendum to EIR No. 89-1 and contact persons responsible for its preparation. 6) Appendices -- provides a copy of City of Huntington Beach Planning Division Environmental Assessment No. 91-6. Holly-Seacliff `- EIR Addendum • 450/04.000 July 31, 1991 2 AD2.0 INTRODUCTION 2.1 Environment Review Procedures In conformance with the California Environmental Quality Act (CEQA) and the City of Huntington Beach Guidelines for Implementing CEQA, Environmental Impact Report (EIR) No. 89-1 was prepared to facilitate an objective assessment of the environmental impacts associated with the General Plan Amendment No. 89-1 for the Holly-Seacliff Master Plan approved on January 8, 1990. r An Environmental Assessment was conducted by the City of Huntington Beach to assess the environmental impacts associated with the proposed General Plan Amendment (GPA) and Holly-Seacliff Specific Plan (HSSP). The environmental impacts associated with implementation of the previously approved Holly- ` Seacliff Master Plan were analyzed in EIR No. 89-1, which was adopted with a Statement of Overriding Considerations by the Huntington Beach City Council on January 8, 1990. The Environmental Assessment indicated that the proposed GPA request contained in the HSSP is substantially consistent with the original Master Plan project analyzed in EIR No. 89-1. Therefore no analysis or mitigation measures in addition to those contained in EIR No. 89-1 are required for the proposed project. In view of this, the City of Huntington Beach r Environmental Assessment Committee determined that this addendum to provide minor technical changes to the certified EIR No. 89-1 is adequate to -- meet the requirements of CEQA. 2.2 Purpose and Scope of EIR Addendum Section 15164 of CEQA provides the statutory authority for the preparation of an addendum as a means of making minor corrections to an EIR. The City of Huntington Beach Environmental Assessment No. 91-6 confirms that the proposed General Plan Amendment, Zone Change and Zoning Code Amendment are substantially consistent with the project analyzed in EIR No. 89-1. Additionally, no analysis or mitigation measures are required to supplement the Holly-Seacliff `-� EIR Addendum 450/04.000 July 31, 1991 3 information contained in the Final EIR. As noted by Section 15162 of the CEQA Guidelines, none of the conditions calling for preparation of a subsequent EIR exist for the proposed project: The Addendum does not raise important new issues about significant effects to the environment, and only minor technical changes or additions are necessary to make the EIR adequate under CEQA. 2.3 Background Subsequent to the adoption of General Plan Amendment No. 89-1 and the certification of EIR No. 89-1, the Holly-Seacliff Specific Plan (HSSP) has been initiated which implements the City of Huntington Beach General Plan as amended for the Holly-Seacliff Area. The Specific Plan includes a Zone Change (Zone Change No. 90-10) request to establish Specific Plan Zoning in the Holly-Seacliff Area and a Code Amendment (Code Amendment 90-10) to incorporate the HSSP into the City of Huntington Beach Ordinance Code. The proposed Holly-Seacliff Specific Plan also requests a General Plan Amendment (GPA 91-2) to relocate eight acres of residential uses in Master Plan Area C, relocate seven acres of commercial uses in Master Plan Area D and to redesignate the resource production areas, as well as a Local Coastal Plan Amendment to change zoning within the Coastal Zone. "w 2.4 Project Approvals The project area has been the subject of numerous planning and zoning actions. These include the following dates and actions: • In 1976, following the adoption of the City's first General Plan, the Seacliff peninsula area, originally designated planning reserve, was changed to Planned Community. Holly-Seacliff '— EIR Addendum 450/04.000 July 31, 1991 4 • Final Environmental Impact Report No. 88-2 was prepared for the Ellis- Goldenwest Specific Plan (adopted on May 1, 1989, by Resolution No. 6022.) • The Ell is-Golden west Specific Plan, approved by the Huntington Beach City Council through its adoption of Ordinance No. 2998 on June 26, 1989, provides ` comprehensive development standards for 160 acres between Edwards and Goldenwest Streets and Ellis and Garfield Avenues. (Not a part of the Holly- Seacliff Specific Plan.) • Holly-Seacliff General Plan Amendment No. 89-1 approved by the City Council through its adoption of Resolution No. 6098 on January 8, 1990, assessed the type of potential land uses that would be most beneficial to the community including the range and mix of housing products, the amount and viability of commercial and industrial uses, improving coordination among numerous property owners and improving the relationship of open space to development. • Final Environmental Impact Report No. 89-1 prepared for the Holly-Seacliff General Plan Amendment (adopted on January 8, 1990, by Resolution No. 6097) was prepared to facilitate an assessment of the individual and collective I environmental impacts associated with General Plan Amendment No. 89-1 for I the Holly-Seacliff property. • Holly-Seacliff Development Agreement No. 90-1 (adopted on November 5, 1990, by Ordinance No. 3080) establishes the contractual development responsibilities between the City of Huntington Beach, Pacific Coast Homes and the Garfield — Partners regarding project phasing, open space dedications, infrastructure improvements, reimbursable costs and other obligations for each party. Although the Holly-Seacliff Development Agreement applies only to the portions of the Holly-Seacliff area to be developed by the parties specified in the Agreement, it does provide for the future public infrastructure improvements for the entire Holly-Seacliff area. Holly-Seacliff '—� EIR Addendum 450/04.000 July 31, 1991 5 r • The Holly-Seacliff General Plan Amendment No. 89-1 approved on January 8, 1990, added new policies to the City of Huntington Beach General Plan and amended the following General Plan Elements: 1. Land Use Element 2. Circulation Element 3. Community Facilities Element 4. Open space/Conservation Element 5. Recreation Element 6. Housing Element 7. Seismic/Safety Element 8. Noise Element '— 9. Coastal Element • Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 6 3.0 PROJECT DESCRIPTION 3.1 Geographical Location j The Holly-Seacliff area covers 780 acres located in the central portion of the City of Huntington Beach as depicted in Exhibit I (Vicinity Map). The site is bounded by Central Park/Ellis Avenue on the north, Huntington and Main Streets on the east, Yorktown and Clay Avenues on the south and the Orange County boundary line on the west. 3.2 Project Characteristics The previously adopted Land Use Element concept provides for a variety of land uses, including residential, commercial, mixed development, industrial, open spaces, parks and recreation areas. The project area is divided into five individual Planning Areas (A through E) as shown on Exhibit 2, Adopted Land Use Element. Residential areas are planned at a range of densities providing a variety of housing types from large single-family detached homes to various types of multi-family dwellings. The lower-density residential areas are located in the western and central portions of the project and the area abutting Seacliff Country Club. The medium density areas are predominately located in the eastern and central portion of the community, along Garfield Avenue, Main Street and Gothard Street. Medium-high density areas are planned along Garfield Avenue, near planned commercial and industrial uses. A total of 475 residential units are also planned as part of a mixed development project as part of the Seacliff Village area. An industrial park area is centrally located within the community, at the intersection of the major arterial roadways. Neighborhood and convenience commercial centers will be located along Garfield Avenue. The Land Use Element also designates a total of 92 acres of Open Space. Holly-Seaclif f _. EIR Addendum 450/04.000 July 31, 1991 7 \AVENUE SLATER W CC rw TALBERT AVENUE H W 3 ELLIS AVENUE ... GARF E D I AVENUE L A :1 FA s A� AVENUE ADAMS AVENUE A '9C�j c w < Z W Lu � Q m W C, v> ... Cie x � U x cel O Q m z EXHIBIT 1 CITY OF HUNTINGTON BEACH VICINITY MAP Aos i :3 oj! — ----- — — � .. .., 82 to ... E 4 a6 ac Ci W 4C C2 29 A C3 \ o E _ - \ � i .c X' .. ., ... n A � L s wcwo... Os E C7 I 20 ac zs ac r A3 ti E is c I 56 ac i C6 OS E �3 J - Di --� --- -DB E6 Gailrol°Avw ♦,.J; M:wttuof11 IA. MJ D6 —. _— - M •r j C�, i8 Ac ACC MH E m 5 Mc a C act/ uwc. h A2 22IAC +a ° E I L_. D4 ._ ••\• 27 Ac nLac D7 I E3 i E2 w�. 6 AC Avenge C°V Al.nue urr '�:eaa�•�arenam�•oh '.o. -I I E4 NI 53 AC D3 EXHIBIT 2 CITY OF HUNTINGTON BEACH LAND USE ELDEMENTT LRI�L�L�IfLSG�1�1���� LAG .1 Al I I I I I ii�t�►1 3.3 Project Objectives The proposed Holly-Seacliff General Plan Amendment addresses and refines the objectives for the Holly-Seacliff area as identified by the City of Huntington Beach. These objectives include: r • To specifically amend the City's Land Use, Circulation, Open Space and Community Facilities Elements in order to provide for a better integrated community. • To redesignate "resource production" area as residential or commercial. • To provide for increased variety of single-family attached and multi-family housing opportunities within the City. • To enhance the community image through the establishment of a unified community theme. . • To develop adequate community infrastructure to serve existing and proposed development. The Land Use Element modifications proposed by the General Plan Amendment contained in the HSSP are substantially consistent with the City of Huntington Beach General Plan and the approved Holly-Seacliff Master Plan (General Plan Amendment 89-1) as shown in Exhibit 3, Proposed Land Use Element. The City of Huntington Beach staff has determined however, that three of the proposed changes require approval of a General Plan Amendment. These three changes include: • The relocation of eight acres of Medium-High density residential uses in Master Plan Area C from the east side of Gothard Street to the west side of Main Street; • The relocation of seven acres of commercially designated use in Master Plan Area D from the southeast corner of Garfield Avenue and Edwards • NQUY-Seaclif f .- SIR Addendum 450/04.000 July 31, 1991 10 Area of Proposed Changes os 10 AC � � Fins Avanua _ _ � -�--1 .ruxxixo ..M_,I.Cnf,:D_uxG uxnf B2 �b of. l AC %1 C2 I ----- -1 is I iO4C O— n,..r _ 1, = 11P AlII I'I� C 26 AC _ C6 q1 AC .xK.YDn. AC gt E ,:1 M A3 E 4 ACAC VL Ir—; -M------ -D3--- ——-- ---------- ------1 Et-- —C E6 c;a�Deie,.venue r�xc.Yw, C...w .. I 19 AC M DS 1 ES MH M a 4 _ e v __ I ib Ac W: 11 AC to AC M -- iP AC 7 C `Y. 1 ..: ------- E E E7 E2 •....�D�.. ,•` 1 n4C b^AC v sw�'�-i-�e wesw m"'svn u.Rn c:Dv A Area of Proposed Changes • 'Da.Y�.xDx.-, :xD.�x E4 ire® % n MD 5]AC ,- D2 ,� ..... .. -�•» EXHIBIT 3 PROPOSED CITY OF// HUNTINGTON BEACH LAND USE ELEMENT UIOLLn�I(��-3L�6 CL OFF RL5(� Lllllllllgll I I � CI� Street to the southwest corner of Garfield Avenue and Goldenwest Street; and • The redesignation of resource production policy to allow for resource production (new oil and gas well drilling) within the Industrial District, Planning Area E-5 (IV-5) and to remove resource production as a permitted use from the Residential Districts (Planning Areas C4 and -- C5)(II-3 and II-4). Exhibit 4, Land Use Element Comparison, provides an focused correlation of the proposed land use and circulation refinements within Planning Areas C and D. The Proposed Land Use Element also contains other minor changes to the adopted Land Use Element that are the result of more precise acreage calculations. A statistical comparison of the previously adopted and proposed Land Use Plan is shown in Exhibit 5, Land Use Element Statistical Comparison. The following is a summary of the proposed Planning Area and statistical refinements: Planning Area C • A decrease of 2 acres of Low Density Residential area. • Net decrease of 3 acres of Medium High Density Residential area and decrease of 80 dwelling units. • Net increase of 5 acres of Medium Density Residential area and increase of 80 dwelling units. �- 0 Reconfiguration of internal circulation to provide direct access to Main Street. Planning, Area D • Relocation of the Medium High Density Residential area, net decrease of 3 acres and decrease of 40 dwelling units. • Net increase of 4 acres of Low Density Residential area and decrease of 110 dwelling units. • Net increase of 8 acres of Medium Density Residential area and increase of 150 dwelling units. Holly-Seacliff �— EIR Addendum 450/04.000 July 31, 1991 12 • 0 l f nis•v.nw A—M hnad•a iI - �, / M _ it: M c - y x I J .,a a la C EIG C 7 AC CDi - �'"ter Ef 1` CI C5 /•. la<C \ ii. .• L 1 MH M }' »•� c I ll D' '� __ ow• I n.. � CO MH KC, C6 sic �C MH MH Ave— ADOPTEDI�p•.Mw PROPOSED'ab KEY MAP (Planning Area Q (Planning Area Q r r D6 os t6 1C 0$ • IJ•C / M D - - - D� DI '-� M :4j 05 D6 M D8 M aN �. DS D6 ••yn` n•c to AC r•C MH 12 AC fi.. D2 DO i 1]PC v D2 \ u I DD $� roe c \ 63LAC ADOPTED PROPOSED (Planning Area D) (Planning Area D) EXHIBIT 4 CITY OF HUNTINGTON BEACH LAND USE ELEMENT COMPARISON LAND USE ELEMENT STATISTICAL COMPARISON Adopted Proposed Land Use Element Land Use Element January/ 1990 July. 1991 PUNNING LAND-USE ACRES DWEWNG UNWS PLANNING LAND-USE ACRES DWEWNG UNITS AKA UNR LW PLAN I G.P.MAX ANA UNIT LU.RAN r0.P.MAX 1 E 10 25 25 A 2 E 25 ao ro4 A 2 E 25 90 EN 3 E .16 1M 3 E 16 55 64 4 OS 73 4 OS 23 TOTAL PLANJNC AKA AMAMI 75 170 TOTAL KANNNG ANA AMAMI 75 170 ALLOWAKA UNO ALLOWAKE 1!!IE PLAI NIN ACRES PLA NING LAND-USE ACRES DWEWN UNITS ANA LN" LU.KAN O.►.MAX AMA UNIT UL RAN C.P.MAX B 2 E 46 Im 140 B 2 E 46 140 14D 3 E 55• 166 166 3 E 55• 166 165 4 OS 40 4 0S 47 •"� TOTAL KANMIG ANA ACMMKI 2DD d70 TOTAL RAIl1lIG AIEA AGEACE/ 200 4M ALLOWAW{NIL! ALLOWAME LIM • INCLL1034 ACK►A! • OK UM34 ACE PAW( PLANNING 1AND-US1 ACRES I DWEWNG UNITS ►TANNING LAND-USE ACRES DWEWNG UNITS •"" AREA UNIT L.U.PLAN I G.I.MAX AKA UNIT L.U.PLAN I C.I.MAX 1 L 62• 310 1 434 2 M 29 240 435 '.'J:a :%; 2 M 4D 415 1 69I1 3 M 7 60 106 3 M 34• 390 510 4 MN 9 170 225 �c 4 M14 20 4M � }#:; ;;:;: 5 M 33• 425 405 ::::');:is 3 5 MH d 75 10D 6 MH 6 100 I50 :`% 5.%%:%< 6 M14 d 75 1m 7 1 32 >:=>} 7 MN 6 w : I TOTAI KANNNG ANA AMAMI 191 1635 ALLOWANE INIE ......TOTAL KANNNG AMA AMAMI 191 1536 ALLOWAKI U0U • INCL MSA AGE PAN •P NNI LAND-USE ACRES DWEWNG NWS NCWOEf/AGE PAM ANA UNIT LU.PLM i C.I.MAX PLANNING LAND-USEACRES DWEWN UNWS I M 15 226 270 AKA UNIT LU.RAN G.►.MAX 2 L 73 I50 Ibl 1 M 19 260 266 3 L 63 370 441 2 L w 560 763 4 L 17• 1m 119 3 M i 11 140 1 166 22 ASS - 330 4 W4 10 220 250 _ 6 MH 13 260 325 5 M 15 240 270 7 L 14 55 95 ': ': : 6 C 7 5 c 7 7 L u ab 9 os n a OS 1e• TOTAL PLANNING ANA AMAMI 190 1450 TOTAL KANNNC A[A AMAMI ALLOWALE U!T! ALLOWAI[UNTE W2 145D INCLUOE34 AGE►A[ • INCLU0EE4 AGE PAW PLANNING LAND-USE ACRES OWEWNG UNITS PLANNING LAND-VSE ACRES DWEWNQ UNWS AREA UNIT LU.KAN C.►.MAX ANA UNIT LU.PAN I G.P.MAX 1 M 16 156 240 1 M 16 166 2AD 2 M 5 70 120 2 M E A 120 3 M I 9 56 136 ] M 9 K 135 E e do 53 475 WD E 4 Mo 53 475 SD0 5 1 22 5 1 22 6 c 1 4 6 C d TOTAL ILAINNG AEA AMAMI 112 165 TOTAL KMWNC AEA AMAMI 112 I 765 ALLOWAW UNTIE ALLOWAKI UNITE Ga"0 TOTAL 7" 4410 C!AW TOTAL 780 4410 -- Holly-Seacliff EIR Addendum 450/04.000 July 1991 EXHIBIT 6 —� 0 Net increase of 3 acres of Open Space. • An increase of 12 acres in total area based on more precise acreage calculations. • Relocation of collector street off Garfield to align with Saddleback Lane; elimination of collector streets accessing Goldenwest Street and Seapoint Street. • Neighborhood Park Site N59 relocated within Planning Area D from Planning Unit D4 (III-2) to D7 (III-7). The maximum number of dwelling units within each residential category and the overall maximum for the Holly-Seacliff Master Plan area, as previously established by General Plan Amendment 89-1 are in no case exceeded by the proposed plan refinements. The minor refinements to the internal circulation pattern are based on recommendations by the City of Huntington Beach Traffic Engineering Division, which has certified that there are no additional impacts resulting from the proposed changes in circulation design. Holly-Seaclif f EIR Addendum 450/04.000 July 31, 1991 15 4.0 ENVIRONMENTAL COMPONENTS REVIEWED Impacts associated with implementation of a substantially similar Land Use Plan for the project area are thoroughly analyzed in EIR No. 89-1 and have been determined to be insignificant, can be mitigated to a level of insignificance, or in a few cases significantly adverse. In conformance with CEQA Guidelines Sections 15091 and 15093, the Huntington Beach City Council certified No. EIR 89-1 and set forth Findings accompanied by a Statement of Overriding Considerations regarding the significantly adverse impacts of the project. As no new land uses, topographical or other physical changes are proposed by the General Plan Amendment request contained with the Holly-Seacliff Specific Plan, no additional environmental impacts are anticipated. The project-related impacts, therefore, are covered by the previous Findings, Mitigation Program and Statement of Overriding Considerations approved as part of certified EIR _. No. 89-1. The analysis provided below is organized b environmental topic, consistent _ Y P 8 Y P , with the City of Huntington Beach Environmental Assessment Form and compares the proposed General Plan Amendment/Zone Change Land Use refinements with the previously approved environmental analysis and a summary of the Findings/Mitigation Measures and Statement of Overriding -- Considerations contained in Final EIR No. 89-1. Following the review of each environmental topic, a conclusion statement is provided to affirm consistency with the previously approved environmental documentation for the project. 1. Earth Analysis: The proposed General Plan Amendment 91-2 is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, Holly-Seacliff EIR Addendum • 450/04.000 July 31, 1991 16 —• the General Commercial designated property within HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It does not involve any new — topography or soils impacts. As such, it is not anticipated to result in any additional or different earth-related impacts from those identified in Final EIR No. 89-1. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made seven Findings regarding the anticipated earth resource impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Degradation of groundwater and increased erosion and siltation; - Seismic related impacts; - Liquefaction potential; - Potential for subsidence to occur; - Tsunami Risk; and - Occurrence of bluff erosion. The HSSP has incorporated all earth-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, alter the existing topography and soils through the proposed grading and construction activities on-site. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into the projects design. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 17 Conclusion: The earth resources impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as Conditions of Approval and all significantly adverse impacts are covered by the previously approved Findings and Statement of Overriding Considerations. 2. Air Analysis: "r Short-term: Development of the project area will result in short-term construction related impacts to air quality. The proposed General Plan --• Amendment does not anticipate creating any additional or different construction emissions impacts from those addressed in EIR No. 89-1. Long-term: Increased traffic generated by the project will contribute to the degradation of regional air quality. Air quality impacts associated with implementation of a substantially similar Land Use Plan for the project area have been thoroughly analyzed in EIR No. 89-1 and determined to be significantly adverse. Since the proposed General Plan Amendment is consistent with the dwelling unit counts and non-residential acreage land uses analyzed in EIR No. 89-1, it is anticipated that the HSSP and GPA 91-2 will have similar air quality impacts. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made four Findings regarding the anticipated short-term and long-term air quality impacts resulting from the Holly-Seaclif f EIR Addendum 450/04.000 July 31, 1991 18 —� proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Short-term construction related impacts; - Long-term increases in vehicular source emissions; and - Future residents exposure to odors from oil leakage. The HSSP has incorporated all air quality-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, contribute to the degradation of regional air quality. This is considered a cumulative significant impact that cannot be lessened through mitigation as this impact is a consequence of the urbanization process. Conclusion: The HSSP has incorporated all recommended mitigation measures contained in EIR No. 89-1, therefore, no significant impacts related to construction or oil production activities are anticipated. The long-term air quality impacts of the proposed project are substantially similar to those analyzed in previously approved EIR No. 89-1 and are covered by the previously approved Findings and Statement of Overriding considerations. 3. Water Analysis: Development of the project area under the proposed HSSP may result in alterations to absorption rates, drainage patterns and surface runoff as well as impacts to groundwater. Drainage and groundwater impacts associated with implementation of a substantially similar land use plan for the project area are thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level of Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 19 insignificance. The GPA does not involve any swale areas nor is it anticipated to alter drainage patterns in any manner different from that which was addressed in EIR No. 89-1. No significant drainage or groundwater impacts are therefore anticipated. Development of the project area under the proposed HSSP may also result in impacts to water quality and water demand. The northeast portion of the project area drains into Sully-Miller Lake; development of the project area may increase down stream desiltation and contribute to the degradation of water quality in the lake. Development may also result in an incremental increase in water demand. Water quality and demand impacts associated with implementation of a substantially similar Land Use Plan for the project area have been thoroughly analyzed in EIR No. 89-1 and have been determined to be significantly adverse. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made two Findings regarding the anticipated drainage impacts resulting from the proposed project. The significant environmental effect considered to be mitigated to a level of insignificance was: The elimination of swales by development could potentially cause drainage impacts. ._ The HSSP has incorporated all drainage-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effect as identified. The project will however, increase downstream siltation and contribute to the degradation of water quality. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into the projects design. Holly-Seacliff EIR Addendum . 450/04.000 July 31, 1991 20 —� Conclusion: The drainage-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 4. Plant Life Analysis: The development of the HSSP will result in the introduction of new plant species through project landscaping. Plant impacts are substantially similar to those analyzed in previously approved EIR No. 89-1 and have been determined to be significantly adverse. The proposed project does not involve any activities not analyzed in EIR No. 89-1. As such, it is not anticipated to result in any additional impacts. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made two Findings regarding the anticipated plant life impacts resulting from the proposed project. The significant environmental effect considered to be mitigated to a level of insignificance was: Potential loss of brackish wetlands on the western project border. The HSSP has incorporated all plant life-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effect as identified. Holly-Seacliff r• EIR Addendum 450/04.000 July 31, 1991 21 The project will however, result in the removal of vegetation. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into the projects design. Conclusion: -- The plant life-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 5. Animal Life Analysis: Development of the project area under the proposed HSSP will result in the loss of existing large trees and vegetation which may displace wildlife habitats. Animal impacts associated with a substantially similar Land Use Plan for the project area are thoroughly analyzed in EIR No. 89-1 and have been determined to be significantly adverse. It does not involve any activities which were not covered in EIR No. 89-1. As such, it is not anticipated to result in any additional or different plant or animal impacts from those identified in EIR No. 89-1. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made four Findings regarding the anticipated animal life-related impacts resulting from the proposed project. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 22 .--� Significant environmental effects considered to be mitigated to a level of insignificance included: The loss of large trees will reduce raptor nesting sites; Increased public access into the wetlands located to the west of the project site may destroy habitat and disrupt breeding and foraging activities of wildlife; and Night lighting may disrupt wildlife activity. The HSSP has incorporated all animal life-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, result in the removal of vegetation and the destruction or displacement of wildlife which uses the on-site habitat. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into the projects design. Conclusion: The animal life-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 23 6. Tloise Analysis: Development of the project area will result in short-term impacts related to noise generated by construction activities. Construction-related noise impacts are thoroughly analyzed by EIR No. 89-1 and have been determined to be significantly adverse. Development of the project area under the proposed HSSP may also result in exposure of future residents/occupants to oil production, arterial and police helicopter associated noises. Since the proposed General Plan Amendment is consistent with the dwelling unit counts and non- residential acreage Land Uses analyzed in EIR No. 89-1, it is anticipated that the HSSP and GPA 91-2 will have similar noise impacts. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made five Findings regarding the anticipated noise-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignif icance included: - Traffic related increase in outdoor and indoor noise levels in residential and commercial areas; -- - Short- and long-term noise from oil operations; - Truck associated noise nuisances to future residents; and - Exposure to police heliport activities operations. The HSSP has incorporated all noise-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, expose existing residential land uses situated adjacent to the project site to construction-related noise impacts from occasional single- Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 24 —� event disturbances caused by construction equipment. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into construction techniques used during project implementation. Conclusion: The noise-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 7. Light and Glare Analysis: Development of the project area under the proposed HSSP may result in new light and glare impacts. Light and glare impacts associated with w implementation of a substantially similar Land Use Plan for the project area have been thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made two Findings regarding the anticipated light and glare-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 25 -- - Increase in street, vehicular, and security related lighting visible to surrounding areas; and Increase in the amount of glare caused by reflective surfaces on buildings and by vehicles. The_HSSP has incorporated all light and glare-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: The GPA is not anticipated to result in any additional or different light and glare impacts from those identified in EIR No. 89-1. Because the HSSP has incorporated all mitigation measures recommended by EIR No. 89-1, no significant light and glare impacts are anticipated. S. Land Use Analysis: _ y The purpose of the proposed project is to establish zoning for the Holly-Seacliff area which complies with the City of Huntington Beach General Plan (pursuant to the Holly-Seacliff General Plan Amendment). The General Plan Amendment is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, General Commercial designated property within HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It is consistent with the acreage of development analyzed in EIR No. 89-1. The GPA is not anticipated to result in any additional or different impacts from those identified in EIR No. 89-1. Holly-Seacliff _ EIR Addendum 450/04.000 July 31, 1991 26 -- Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made four Findings regarding the anticipated land use-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Disturbances to future residents due to oil service vehicles driving through residential tracts; - Landscape incompatibilities due to development adjacent to the golf course; and - Grading activities could disrupt or destroy on-site natural swales. " The HSSP has incorporated all land use-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, result in the conversion of 780 acres of land to urban uses that are at a much greater degree of development than what is presently existing. This effect is considered unavoidable with project implementation and certain economic and social needs of the City preclude the feasibility of mitigation. I Conclusion: The land use-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement -- of Overriding Considerations. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 27 9. Natural Resources Analysis: Development of the project area under the proposed HSSP will increase the use r. of energy in the area for the life of the project. Energy resource impacts associated with a substantially similar Land Use Plan for the project area are analyzed in EIR No. 89-1 and have been determined to be significantly adverse. Findings./Mitigation Measures: The City Council certified EIR No. 89-1 and made one Finding regarding the anticipated natural resources-related impacts resulting from the proposed project. The project, upon completion will generate an increased demand on natural gas and electricity. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into construction techniques used during project implementation. Conclusion: The natural resources-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 28 10. Risk of Upset Analysis: The project area has a history of use for oil production and is located within the City methane zone overlay area. The development in the vicinity of the methane overlay area zone and on-going oil activities will potentially expose future occupants to oil leakage, blow-outs, explosions and fires. Oil- and methane-related impacts associated with implementation of a substantially similar land-use plan for the project area were thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level of insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made four Findings regarding the anticipated risk of upset-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Consolidation of oil wells adjacent to new development; - Location of an oil district within development areas; - Oil activities may result in subsidence impacts to new structures; and - Exposure of new development to operating oil well hazards. The HSSP has incorporated all oil facilities-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: As the HSSP has incorporated all mitigation measures recommended by EIR No. 89-1, no significant oil- and methane-related impacts are anticipated. Holly-Seacliff EIR Addendum 450/04.000 f July 31, 1991 29 -- 11. Population/Housine Analysis: The proposed project will implement the City of Huntington Beach General Plan for the area. Population and housing impacts associated with implementation of a substantially similar Land Use Plan for the area are thoroughly analyzed in EIR No. 89-1. The GPA is not anticipated to result in any additional or different impacts from those identified in EIR No. 89-1. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made one Finding regarding the anticipated population/housing-related impacts resulting from the proposed project. The project, upon completion will impact the goals of the Housing Element by reducing the housing stock by 25% This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into construction techniques used during project implementation. Conclusion: The population/housing-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. Holly-Seaclif f EIR Addendum • 450/04.000 July 31, 1991 30 12. Transportation/Circulation Analysis: Development of the project area under the proposed HSSP will result in an - increase in vehicle trips over what is presently generated by the area. Development of the project may also impact the railroad transportation corridor. Traffic/circulation impacts associated with implementation of a substantially similar Land Use Plan for the area are thoroughly analyzed by EIR No. 89-1 and with the exception of impacts to the intersection of Garfield Avenue/Main Street, can be mitigated to a level of insignificance. Findings/Mitigation Measures The City Council certified EIR No. 89-1 and made five Findings regarding the anticipated traffic/circulation-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Development will result in a reduced LOS for traffic in the area; - Access impacts to major arterial streets; - Impacts to designations for bus stop turnouts; and - Impacts to a future railroad transportation corridor. The HSSP has incorporated all traffic/circulation-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, result in impacts to the Garfield Avenue/Main Street intersection from access locations along Garfield Avenue. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the previously approved mitigation measures into -- the projects design. Holly-Seacliff _. EIR Addendum 450/04.000 July 31, 1991 31 r 1 �- Conclusion: • The traffic/circulation-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 13. Public Services Analysis: Development of the project area under the proposed HSSP will result in impacts to fire, police, school and park services and maintenance of public facilities. —. Public service impacts associated with implementation of a substantially similar Land Use Plan for the area are thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level of insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made eight Findings regarding the anticipated public services and utilities-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Creation of additional need for fire protection services; - Creation of additional need for police protection services; - Creation of additional need for expanded park facilities and library facilities; Holly-Seaclif f EIR Addendum • 450/04.000 July 31, 1991 32 --� - Incrementally increase already overcrowded conditions at the central Library and may additionally increase the use and demand of the Main Street Branch; Creation of additional need for elementary and high school facilities; Creation of additional need for waste disposal facilities and services; Potentially impact gas conservation and planning efforts; and Potentially impact service delivery and planning efforts. The HSSP has incorporated all public services and utilities-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: The public services and utilities-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 14. Enerav Analysis: Development of the project area under the proposed HSSP will increase the use of energy in the area for the life of the project. Energy resource impacts associated with a substantially similar Land Use Plan for the project area are analyzed in EIR No. 89-1 and have been determined to be significantly adverse. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 33 Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made one Finding regarding the anticipated energy resources-related impacts resulting from the proposed project. The project, upon completion will generate an increased demand on natural gas and electricity. This effect is considered unavoidable with project implementation, but substantially lessened through the incorporation of the -� previously approved mitigation measures into construction techniques used during project implementation. V Conclusion: r The energy resources-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been •. incorporated in the implementation of the HSSP as conditions of approval and the significantly adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 15. Utilities Analysis: Improvements to water/sewer facilities required to serve the proposed project area under a substantially similar Land Use Plan were analyzed in EIR No. 89-1 and determined to be significant. Development of the project site under the proposed HSSP will impact the City's existing water and sewer facilities. Utility service impacts to the above system were thoroughly addressed by EIR No. 89-1. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 34 Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made three Findings regarding the anticipated utilities-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: Creation of additional need for water facility improvements such as major transmission lines and a booster station; - Creation of additional need for water storage facilities; and - Creation of additional need for sewer facility improvements including four major trunk lines and one pump station; r The HSSP has incorporated all public services and utilities-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: The public services and utilities-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures " from EIR No. 89-1 have been incorporated in the implementation of the HSSP. .. 16. Human Health Analysis: The project area has a history of use for oil production and is located within the City Methane Overlay Zone. The development in the vicinity of the methane overlay zone and on-going oil activities will potentially expose future occupants to oil leakage, blow-outs, explosions and fires. Oil- and methane- related impacts associated with implementation of a substantially similar Land Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 35 -- Use Plan for the project area were thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level of insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made four Findings regarding the anticipated human health-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: - Previous oil contamination may require site specific evaluation to direct _ cleanup operations; - Potential Methane gas hazards; - Potential hazards related to oil well operations; and - Potential hazards associated with the storage of hazardous materials. The HSSP has incorporated all human health-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: As the HSSP has incorporated all mitigation measures recommended by the EIR No. 89-1. No significant oil- and methane-related impacts are anticipated to result from the proposed GPA. 17. Aesthetics Analysis: Development of the project area under the proposed HSSP may have aesthetic impacts on the project area due to its contribution to a cumulative loss of open- space views. Aesthetic impacts associated with implementation of a Holly-Seacliff _ EIR Addendum 450/04.000 July 31, 1991 36 substantially similar Land Use Plan for the area are thoroughly addressed in EIR No. 89-1 and cannot be mitigated to a level of insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made five Findings regarding the anticipated aesthetic-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: Grading activities may result in de-vegetation and potential modifications to drainage swales; Addition of overhead utility lines; Removal of existing windrows; and Loss of open space land where the railroad transportation corridor exists. The HSSP has incorporated all aesthetic-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. The project will however, result in the cumulative loss of open space views. This effect is considered unavoidable with project implementation and cannot be lessened through mitigation as this impact is a consequence of the urbanization process. Conclusion: The aesthetic-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated in the implementation of the HSSP as conditions of approval and the significantly Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 37 -- adverse impact is covered by the previously approved Findings and Statement of Overriding Considerations. 18. Recreation r Analysis: Development of the project area under the proposed HSSP may impact the quantity/quality of recreational facilities in the area. Recreational impacts associated with implementation of a substantially similar Land Use Plan for the project area are thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level of insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made one Finding regarding the -- anticipated recreation-related impact resulting from the proposed project. The significant environmental effect considered to be mitigated to a level of insignificance was: Creation of additional demand for a total of 54 acres of parkland. The HSSP has incorporated all recreation-related mitigation measures recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: The HSSP has incorporated all mitigation measures recommended by the EIR No. 89-1. No significant recreational impacts are anticipated to result from the proposed GPA. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 38 19. Cultural Resources Analysis: The proposed project area is located in the vicinity of known archaeological and paleontological sites. Development of the project area under the proposed HSSP may impact cultural resources in the area. Cultural resource impacts associated with a substantially similar Land Use Plan for the project area were thoroughly analyzed in EIR No. 89-1 and can be mitigated to a level of insignificance. Findings/Mitigation Measures: The City Council certified EIR No. 89-1 and made two Findings regarding the anticipated cultural resources-related impacts resulting from the proposed project. Significant environmental effects considered to be mitigated to a level of insignificance included: • - Destruction of potentially significant archaeological resources; and - Possible exposure of fossil remains and potential destruction of resources due to grading operations. The HSSP has incorporated all cultural resources-related mitigation measures -- recommended by EIR No. 89-1 to avoid or substantially lessen the significant effects as identified. Conclusion: The cultural resources-related impacts associated with the development of the HSSP are substantially similar to those analyzed in previously approved EIR No. 89-1. No additional changes in impacts are expected to result from the proposed Land Use Plan. All mitigation measures from EIR No. 89-1 have been incorporated into the project design. Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 39 -- 5.0 REFERENCES/AUTHOR AND CONTACT PERSONS • References 1. Holly-Seacliff General Plan Amendment No. 89-1 (1/08/90). 2. Holly-Seacliff Final EIR No. 89-1 (1/09/90). 3. City of Huntington Beach Environmental Assessment No. 91-6 (6/05/91). 4. Holly-Seacliff Specific Plan, Draft (6/91). Contact Persons City of Huntington Beach Mr. Robert Franklin Associate Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5571 '- Author Mr. H. Gene Hsieh Principal FORMA Design, Inc. 3100 Bristol Street, Suite 100 Costa Mesa, California 92626 (714) 540-4700 Holly-Seacliff EIR Addendum 450/04.000 July 31, 1991 40 6.0 APPENDICES Holly-Seacliff r. EIR Addendum 450/04.000 July 31, 1991 41 • f�^ 1., rA r 1 —� ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 91-6 1. Name of Proponent City of Huntington Beach _ Address 2000 Main Street Huntington Beach, CA 92648 .— Phone Number (714) 536-5271 2. Date Checklist Submitted for Review June 5. 1991 _ 3. Concurrent Entitlement(s) _Zone Change No. 90-10, General Plan _ Amendment No. 91-2. and Code Amendment No. 90-10. 4. Project Location Holly—Seacliff Area, see attached map. • 5. Project Description A Zone Change request to amend the zoning on the Holly—Seacliff area in order to implement the City of Huntington Beach General Plan and the Holly—Seacliff Master Plan (GPA 89-1). The project proposes establishing a Holly—Seacliff Specific Plan (HSSP) which provides development standards, design theme and administrative procedures for development of the Holly—Seacliff area in conjunction with a code amendment request to add the Holly—Seacliff Specific Plan (HSSP) to the Huntington Beach Zoning Code. The project also includes an amendment to the General Plan to relocate eight acres of Medium—High Density Residentially designated Property in Holly—Seacliff Master Plan Area C ( Specific Plan Area II) from the east side of Gothard Street to the west side of Main Street: to relocate the seven acres of General Commercially designated property in Holly—Seacliff Master Plan Area D (Specific Plan Area III) from the southeast corner of Garfield Avenue and _ Edwards Street to the southwest corner of Garfield Avenue and Goldenwest Street: and to relocate a school site from Holly—Seacliff Planning Area B (Ellis—Goldenwest Area) to Holly—Seacliff Planning Area D (Specific Plan Area III). See attached maps. In addition. the GPA will allow for resource production within the industrial district (Planning Unit IV-5) of Specific Plan Area IV and will remove resource production as a permitted use from the residential districts (Planning Units II-2 and II-3). Note: The intensity of development and the total number of dwelling • units in each planning area will remain consistent with the development analyzed in EIR 8 —1 which includes a statement of overriding considerations for earth resource, air quality, water, biological , noise, land use, natural resource, housing/population, transportation/circulation, energy and aesthetic impacts. All applicable mitigation measures recommended by EIR 89-1 (Holly—Seacliff General Plan Amendment EIR) have been incorporated �. into the Holly—Seacliff Specific Plan. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ X b. Disruptions, displacements, compaction or overcovering of the soil? X Discussion: See lg below. • C. Change in topography or ground surface relief features? X _ Discussion: See lg below. ,^ d. The destruction, covering or modification of any unique geologic or physical features? _ X _ Discussion: See lg below. e. Any increase in wind or water erosion of soils, either on or off the site? Y. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X Discussion: A portion of the project area drains into Sully Miller Lake. Development of the project area may impact deposition/siltation into Sully Miller Lake; see 3h. g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X* Environmental Checklist —2— (9692d) r .1 Ye s Maybe N2 — Discussion (b,c,d, and g): Development of the project area under the proposed HSSP may result in some earth resource impacts such as disruptions, displacements and overcovering of soils as well as changes to topographical features. Portions of the project area are also located in the vicinity of seismic and other geologic hazards. Earth resource impacts associated with implementation of a substantially similar land use plan for the project area are thoroughly analyzed in EIR 89-1 and have been determined to be significantly adverse. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding the anticipated earth resource impacts. The proposed General Plan Amendment 91-2 is a request to relocate a portion of the Medium—High Density Residential designated property within HSSP Area II, the General Commercial designated property within HSSP Area III and the school site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It does not involve any new topography or soils impacts. As such, it is not anticipated to result in any additional or different earth impacts from those identified in EIR 89-1. The HSSP has incorporated all earth related mitigation measures recommended by EIR 89-1 to reduce earth impacts to the extent feasible. The earth resource impacts of the proposed project are, therefore, covered by the previous statement of overriding considerations. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ X* _ Discussion: Short—term: Development of the project area will result in short—term emissions from construction activities. However, construction impacts to air quality are thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed General Plan Amendment is not anticipated to result in ' any additional or different construction emissions impacts from those is addressed in EIR 89-1. The HSSP has incorporated all recommended mitigation measures contained in EIR 89-1, therefore, no significant impacts are anticipated. Long—term: Increased traffic generated by the project will contribute to the degradation of regional air quality. Air quality impacts associated with implementation of a substantially similar land use plan for the project area are thoroughly analyzed in EIR 89-1 and have been determined to be significantly adverse. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding the anticipated impacts to air quality. The EIR assesses air quality impacts based upon projected traffic generation, which has been calculated based upon the projected number and type of residential units and acreage of non—residential properties. Since the proposed General Plan Amendment is consistent with the housing unit counts and non—residential acreage analyzed in EIR 89-1, it is anticipated that the HSSP and GPA 91-2 will have similar air quality impacts to those identified in the EIR. The HSSP has incorporated all recommended mitigation measures to reduce impacts to the extent feasible. The long—term air quality impacts of the proposed project are, therefore, covered by the previous statement of overriding considerations. b. The creation of objectionable odors? _ X Discussion: Oil activities allowed in the project area may result in the generation of objectionable odors. Odor related impacts are thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed GPA 91-2 will not allow for any oil activities different from those addressed in EIR 89-1 and is not anticipated to result in any different odor impacts from those identified in EIR 89-1. The HSSP incorporates all recommended mitigation measures contained in EIR 89-1, therefore no significant impacts are anticipated. Environmental Checklist —3— (9692d) �. �... Yes Maybe No C. Alteration of air movement, moisture, or temperature, or any change in climate, either 0 locally or regionally? _ X 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or -- fresh waters? _ _ X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X Discussion: See 3g below. C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? _ X _ Discussion: See 3h below. e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ X Discussion: See 3h below. f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? _ X Discussion (b and g): Development of the project area under the proposed HSSP may result in alterations to absorption rates, drainage patterns and surface runoff as well as impacts to groundwater. Drainage and groundwater impacts associated with implementation of a substantially similar land use plan for the project area are thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed General Plan Amendment is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, General Commerical designated property within HSSP Area III and the school site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. The GPA does not involve any swale areas nor is it anticipated to alter drainage patterns in any manner different from that which was addressed in EIR 89-1. As such, it is not anticipated to result in any additional or different drainage or groundwater impacts from those identified in EIR 89-1. Because the HSSP has incorporated all mitigation measures recommended by EIR 89-1, no significant drainage or groundwater impacts are anticipated. h. Substantial reduction in the amount of water otherwise available for public water supplies? _ X* Discussion (d,e, and h): Development of the project area under the proposed HSSP may result in impacts to water quality and water demand. The northeast portion of the project area drains into Sully-Miller Lake; development of the project area may increase down stream desiltation and contribute to the degradation of water quality in the lake. Development may also result in an incremental increase in water demand. Water quality and demand impacts associated with implementation of a substantially similar land use plan for the project area are thoroughly analyzed in EIR 89-1 and have been determined to be significantly adverse. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding the anticipat e '— impacts to water quality and demand. The proposed GPA 91-2 does not propose any changes to areas which Environmental Checklist -4- (9692d) Yes Maybe drain into Sully-Miller Lake. Furthermore, the HSSP and GPA are consistent with the residential unit counts and non-residential acreage used in the EIR to project water demand for the area. It is, therefore, anticipated that the HSSP and GPA will have similar water impacts to those identified in EIR 89-1. The HSSP has incorporated all mitigation measures recommended by the EIR to reduce impacts to the extent feasible. The water impacts of the proposed project are, therefore, covered by the previous statement of overriding considerations. i . Exposure of people or property to water related hazards such as flooding or tidal: waves? — _ X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ X* Discussion: See 5d below. b. Reduction of the numbers of any mature, unique, rare or endangered species of plants? _ _ X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ X* _ Discussion: See 5d below. d. Reduction in acreage of an agricultural crop? _ _ X .-. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _ X* b. Reduction of the numbers of any unique, rare or endangered species of animals? _ _ X C. Introduction of new species of animals into an area, or result in a barrier to thbe migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X Discussion (4a-c and 5a-d): Development of the project area under the proposed HSSP will result in the introduction of new plant species through landscaping provisions and will result in this loss of existing large trees and vegetation which may displace wildlife habitats. Plant and animal impacts associated with a substantially similar land use plan for the project area are thoroughly analyzed in EIIR 89-1 :and have been determined to be significantly adverse. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding the anticipated biological resource impacts. The proposed General Plan Amendment is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, General Commerical designated property within HSSP Area III and time sch®ol site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It does not involve any activities which were not covered in EIR 89-1 and will result in the removal of vegetation or loss of amy wildlife habitat. As such, it is not anticipated to result in any additional or different plant or animal impacts from those identified in EIR 89-1. The HSSP has incorporated all mitigation measures recommended by EIR 89-1 to reduce impacts to the extent feasible. The biological resource impacts of the project are considered to be covered by the previous statement of overriding considerations. Environmental Checklist -5- (9692d) �. C Ah �,► Yes Maybe No ~I 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X* _ Discussion: See 6b below. b. Exposure of people to severe noise levels? — X Discussion (a.b): Short—term: Development of the project area will result in short—term impacts related to noise generated by construction activities. Construction related noise impacts are thoroughly analyzed by EIR 89-1 and have been determined to be significantly adverse. The City Council certified EIR 89-1 and made a statement of -- overriding considerations regarding the anticipated short—term noise impacts. The HSSP has incorporated all mitigation measures recommended in EIR 89-1 to reduce the impacts to the greatest impact feasible. Because construction noise impacts are not anticipated to be altered by the proposed HSSP and GPA, the noise impacts of the proposed project are considered to be covered by the previous statement of overriding r considerations. Long-term: Development of the project area under the proposed HSSP may result in exposure of future -� residents/occupants to oil production, arterial and police helicopter associated noises. Noise impacts associated with implementation of a substantially similar land use plan for the project area were thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The EIR analyzed noise impacts on an area-wide basis. The analysis was based upon the types and acreages of land uses in the Holly-Seacliff area. The proposed General Plan Amendment is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, General Commercial designated property within HSSP A III and the school site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. The -- GPA is consistent with the types and acreages of land uses analyzed in EIR 89-1. As such, it is not anticipated to result in any additional or different noise impacts from those identified in EIR 89-1 . Because the HSSP has incorporated all mitigation measures recommended in the EIR 89-1, no significant impacts are anticipated. 7. Light and Glare. Will the proposal produce new light or glare? _ X _ Discussion: Development of the project area under the proposed HSSP may result in new light and glare impacts. Light and glare impacts associated with implementation of a substantially similar land use plan for the project area were thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The EIR analyzed light and glare impacts on an area-wide basis. The analysis was based upon acreages and types of land uses. The proposed General Plan Amendment is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, General Commercial designated property within HSSP Area III and the school site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It does not alter the acreages and types of land uses identified in the EIR. As such, the GPA is not anticipated to result in any additional or different light and glare impacts from those identified in EIR 89-1. Because the HSSP has incorporated all mitigation measures recommended by EIR -- 89-1, no significant light and glare impacts are anticipated. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X* V Discussion: The purpose of the proposed project is to establish zoning for the Holly-Seacliff area which complies with the General Plan Land Use designation for the area (pursuant to the Holly-Seacliff General Plan Amendment). The proposed zone change will allow for a greater degree of development than what is Environmental Checklist -6- (9692d) k f I,\ ._ \ Yes Maybe NQ presently existing. Land use impacts associated with implementation of a substantially similar land use -0 plan for the proposed project area where analyzed in EIR 89-1 and were found to be significantly adverse. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding anticipated land use impacts. The General Plan Amendment is a request to relocate a portion of the Medium-High Density Residential designated property within HSSP Area II, General Commercial designated property within HSSP Area III and the school site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It is consistent with the acreage of development analyzed in EIR 89-1. The GPA is not anticipated to result in any additional or different impacts from those identified in EIR 89-1. The HSSP has incorporated all mitigation measures identified by EIR 89-1 to reduce impacts to the extent feasible. The land use impacts associated with the project are, therefore, considered to be covered by the previous statement of overriding considerations. -- 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ X* b. Substantial depletion of any non-renewable natural resource? _ _ X Discussion (a,b): Development of the project area under the proposed HSSP will increase the use of energy in the area for the life of the project. Energy resource impacts associated with a substantially similar land use plan for the project area are analyzed in EIR 89-1 and have been determined to be significantly adverse. City Council certified EIR 89-1 and made a statement of overriding considerations regarding anticipated energy resource impacts. Energy resource impacts are assessed in the EIR based upon residential unit counts and non-residential acreage. The proposed GPA is consistent with total unit counts and acreages analyzed in EIR 89-1; it is, therefore, anticipated that the HSSP and GPA will have similar energy resource impacts to those identified in the EIR. The HSSP has incorporated all mitigation measures identified to -- reduce impacts to the extent feasible. The energy resource impacts of the proposed project are, therefore, covered by the previous statement of overriding considerations. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or -- upset conditions? _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ _ X Discussion (a,b): The project area which has a history of use for oil production and is located within the methane zone. The development in the vicinity of the methane zone and on going oil activities will potentially expose future occupants to oil leakage, blow outs, explosions and fires. Oil and methane related impacts associated with implementation of a substantially similar land use plan for the project area were thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed General Plan Amendment will serve to reduce the number of residential areas in which oil production activities are allowed and is, therefore, anticipated to result in exposure of fewer residences to oil/methane related risks. Because the HSSP has incorporated all mitigation measures recommended by the EIR, no significant oil and methane related impacts are anticipated. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X* Environmental Checklist -7- (9692d) Yes Mavbe Hs y i Discussion: The proposed project is to implement the existing General Plan for the area. The Zone Change will result in a reduction in the number of units allowed under the existing zoning. Population and Housing impacts associated with implementation of a substantially similar land use plan for the area are thoroughly analyzed in EIR 89-1 and cannot be mitigated to a level of insignificance. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding population and housing impacts. Because the proposed GPA (91-2) will not alter the total number of residential units projected for buildout of the area under the existing general plan it is not anticipated to result in any different impacts from those addressed in EIR 89-1. The HSSP has incorporated all mitigation measures identified in EIR 89-1 to reduce impacts to the extent feasible. The population and housing impacts of the proposed project are consistent with EIR 89-1 and, therefore, are covered by the previous statement of overriding considerations. 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? _ X* -- Discussion: See 11. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X* Discussion: Development of the project area under the proposed HSSP will result in an increase in vehicle trips over what is presently generated by the area. Traffic/circulation impacts associated with implementation of a substantially similar land use plan for the area are thoroughly analyzed by EIR 89-1 and with the exception of impacts to the intersection of Garfield Avenue/Main Street, can be mitigated to a level of insignificance. The City Council certified EIR 89-1 and made a statement of overriding r considerations regarding Garfield Avenue/Main Street impacts. Because the traffic impacts were assessed based upon trip generations, which are based on land use categories and anticipated buildout of the area a because the proposed GPA is consistent with the permitted land uses and housing unit counts addressed in the EIR, the traffic/circulated impacts for the HSSP and GPA are anticipated to be similar to those addressed by EIR 89-1. The Traffic Division has reviewed the proposed GPA and has indicated that it is consistent with the development analyzed in EIR 89-1; no additional analysis is required. The HSSP has incorporated all mitigation measures identified in EIR 89-1 to reduce impacts to the extent feasible. The traffic/ circulation impacts of the proposed project are consistent with EIR 89-1 and are, therefore, covered by the previous statement of overriding considerations. b. Effects on existing parking facilities, or demand for new off-site parking? X Discussion: The HSSP requires that all parking comply with article 960 "Parking and Landscaping" of the ,M Huntington Beach Ordinance Code; no significant impacts are anticipated. C. Substantial impact upon existing transportation systems? X _ Discussion: See 13a. d. Alterations to present patterns of circulation or movement of people and/or goods? X Discussion: See 13a. e. Alterations to waterborne, rail or air traffic? X Discussion: The Southern Pacific Railroad (SPRR) easement runs through a portion of the project area. Development of the project area under the proposed HSSP may impact the railroad transportation corridor. Railroad impacts associated with implementation of a substantially similar land use plan for the area are Environmental Checklist -8- (9692d) l 1.Q.. Y.n Abe N4 thoroughly addressed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed GPA does not propose any alterations to .the railroad corridor. The GPA is not anticipated to result in any additional or different SPRR transportation corridor impacts from those analyzed in the EIR. The HSSP has incorporated all mitigation measures recommended by EIR 89-1, therefore, no significant impact is anticipated. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ _ X Discussion: See 13a. _ 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? — X — b. Police protection? — X — C. Schools? X d. Parks or other recreational facilities? X -- e. Maintenance of public facilities, including roads? — X — f. Other governmental services? — _ X ._ Discussion a—f): Development of the project area under the proposed HSSP will result in impacts to Fire, Police, School and Park services and maintenance of public facilities. Public Service impacts associated will implementation of a substantially similar land use plan for the area are thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. Public facilities impacts were assessed based upon the intensity of development proposed for project area. The relocation of land uses within HSSP Planning Areas proposed by the general plan amendment is consistent with the intensity of development addressed in the EIR. Because the HSSP has incorporated all mitigation measures recommended by EIR 89-1, no significant impact is anticipated. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? — — X b. Substantial increase in demand upon existing source of energy, or require the development of sources of energy? _ X* — Discussion: See 9 (a,b). 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? _ X — Discussion: Power/Natural Gas facility improvements required to serve the proposed project area under a substantially similar land use plan were analyzed in EIR 89-1 and determined to be insignificant. Assessment of power/natural gas facilities needs were based upon unit counts and intensity of development at buildout. Since the proposed General Plan Amendment will not alter the number of residential units or -- intensity of development from that analyzed in the EIR, the impacts are anticipated to be the same as those Environmental Checklist —9— (9692d) �? Ah rA.h Maybe No --- :.: Yes identified in the EIR. Mitigation measures identified in EIR 89-1 have been incorporated into the HSSP; therefore, no significant power/natural gas impacts are anticipated. b. Communication systems? X C. Water? X — d. Sewer or septic tanks? _ X e. Storm water drainage? _ X — ` f. Solid waste and disposal? X _ Discussion (c-f): Development of the project site under the proposed HSSP will impact the City's existing water, sewer, solid waste and storm drain system. Utility Service impacts to the above system were thoroughly addressed by EIR 89-1 and can be mitigated to a level of insignificance. Assessment of utility system improvements required to serve the area was based upon buildout of the site. The GPA is consistent with the level of development analyzed in EIR 89-1. Because the HSSP has incorporated all mitigation recommended in EIR 89-1, no significant utility impacts are anticipated. 17. Human Health. Will the proposal result in: l a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X b. Exposure of people to potential health hazards? _ X Discussion: See 10a. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ X* Discussion: Development of the project area under the proposed HSSP may have aesthetic impacts on the project area due to its contribution to a cumulative loss of open space views. Aesthetic impacts associated with implementation of a substantially similar land use plan for the area are thoroughly addressed in EIR 89-1 and can not be mitigated to a level of insignificance. The City Council certified EIR 89-1 and made a statement of overriding considerations regarding aesthetic impacts. The EIR based its analysis on area wide development of the Holly-Seacliff area. The proposed GPA is consistent with the level of development analyzed in EIR 89-1. As such, the proposed GPA is not anticipated to result in any different or additional impacts to those addressed by EIR 89-1. The HSSP has incorporated all mitigation measures recommended in the EIR to reduce impacts to the extent feasible. Because the aesthetic impacts are anticipated to be the same as those addressed in EIR 89-1, the proposed project is covered by the previous statement of overriding considerations. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X Discussion: Development of the project area under the proposed HSSP may impact the quantity/quality of recreational facilities in the area. Recreational impacts associated with implementation of a substantially .. similar land use plan for the project area are thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed General Plan Amendment request is consistent with park acreage and unit counts used in the EIR to assess recreational impacts and is not anticipated to result in any • additional or different recreational impacts from those identified in EIR 89-1. Because the HSSP has incorporated all mitigation measures recommended by the EIR, no significant recreational impacts are anticipated. Environmental Checklist -10- (9692d) I r Yet Mahe Ng `10). Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? _ X _ b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric r, or historic building, structure, or object? _ X Discussion (a,b): The proposed project area is located in the vicinity of known archaeological and paleontological sites. Development of the project area under the proposed HSSP may impact cultural resources in the area. Cultural Resource impacts associated with a substantially similar land use plan for the project area were thoroughly analyzed in EIR 89-1 and can be mitigated to a level of insignificance. The proposed General Plan Amendment is a request to relocate a portion of the Medium—High Density Residential designated property within HSSP Area II, General Commerical designated property within HSSP Area III and the school site to HSSP Area III and to allow for oil resource production in HSSP Area IV-5. It is not anticipated to result in any additional or different impacts to cultural resources from those identified in EIR 89-1. Because the HSSP has incorporated all mitigation measures recommended in EIR 89-1, no significant impact to cultural resources are anticipated. C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ _ X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ _ X �. Mandatory Findings of Significance. �— a. Does the project have the potential to degrade the quality of the environment, sub— stantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ X* _ Discussion: See 5d. b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will " endure well into the future.) _ _ X C. Does the project have impacts which are individually limited, but cumulatively consid— erable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) _ X* Discussion: See 2a, 3h, 5d, 8, 9b, 11, and 18. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ _ X* 0 Discussion: See lg, 2a, 3h, 5d, 6b, 8, 9b, 11, 13a, and 18. *Covered by statement of overriding considerations for EIR 89-1 . Environmental Checklist —11— (9692d) 3C�k-� _ �J- 4 DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a _ NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Signature Revised: March, 1990 For: City of Huntington Beach Community Development Department Environmental Checklist —12— (9692d) �Q FF �9 SLATER AVENUE ' N 3 TALBERT AVENUE 3 CENTRAL W o PARK W ''0 ELLIS AVENUE {•},+.{ht;:'•.r:C: :?ik::t::3::::Y�:s�•i•:a•>;.}>:.}..}�4{R`: t LINEAR }:•.::{ . {..»;::r:.;:{.}:.t2:;:;:;:::>::::s:�:.. PARK "� 2i t+: YS::•:i.r:!i ' ?`'s''•' GARFIELD AVENUE •:':i;iY•,e��ti,µ''r,:}i:•:}fi}iii}i::.}:<.iiii:{:ii}:i•}:L;L}}}}::ii:i%.^,:CY. >+:a'•:;fit.}:;�};4.,;.}�;`�.ni.;:ir`�''{.•[:}\:;`:•;4•:.ix>.•:•r.�:'':�.::,s:.:. }}:{•i<+"•:'F��: ...Y:}iA:.S. .'�:5:,::. n:•};;:{:::.::•:C.;:} g:':>:: Ali YORKTOWN AVENUE e `t}. �:i>•:L>.zs<.:c. H.B. HIGH +'`" SCHOOL CIVIC CENTER AVENUE SEACLIFF ADAMS AVENUE COUNTRY CLUB A Q , qC`j . r�,C x Z U U' x ._ Ll 2 O 0 m ENVIRONMENTAL. i, ► A55F-.SSMF-N-r NO, QI -60 ea ' HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION ZONING INDEX MAP 9-5-I l 10-5 I I 1 DM 9 DM I I r.ND LEGEND 3� 19-6-10-SECTION-TOWNSHIP-RANGE M 16-5-II IS-5 II 14 5�11 DM 22-DISTRICT MAP 22 M DM 18 D17 DM'15 ( N5�1119-5-II LO-5-11 214-11 22 5-II 2 -5-II 24- -1 DM 28\ I DM 21 DM323 i D 24 D 25 D 26 DM�27 30-5-11 wI 29-5-11 28L)j 27-5-II 2 5 11 25-, -II I� /M 35 DM 34 �.�DM 33 D 32 M 31 DM 30 i I —n32-5\ 11 1 33-5-II ��• �3a -II 35-5-II 36-;5-I1 \ DM 36 i OM 37 mil- 391 DM 40 r� r i S � PII .� 5-6-11 -» - I-6-II 6-6-10 5-?6-10 DM4 `\ p 2 o- D 'I D 6 pM , 9 6-II 0-6-II 11- -II 12-6-II 7-6-10 8-6-10 OM10 DM D 12 �DM13 DM7 DM8 14-6-I1 •„M'I3-6-II 18-6-10 17-6-10 AL Oc, ---- CITY OF F� -- MI e° 14 DM2o• DM19 HUNTINGTON BEACH -"; - ORANGE COUNTY CALIFORNIA 24-6-1 19- -10 DM 29 b22 f JDMf[D YYDN fD.t[4 / 0.IMttMN[ _E [10N N[fO qf1 tOUNCN-OIIp1YNC(W.R..R.\[� L\\ VICINITY MAP CITY OF HUNTINGTON BEACH VOLUME 1 REPORT NO. 89-1 HOLLY GENERAL PLAN AMENDMENT FINAL ENVIRONMENTAL IMPACT REPORT YA HOLLY ;;Lp GENERAL PLAN AMENDMENT FINAL ENVIRONMENTAL IMPACT REPORT HOLLY-SEACLIFF GENERAL PLAN AMENDMENT EIR 89-1 VOLUME III TABLE OF CONTENTS A. Statement of Findings and Facts B. Statement of Overriding Considerations C. Final EIR Mitigation Measures D. Comment Letters and Response to Comments (September 28, 1989) E. Addendum to Final EIR 89-1 1 A. STATEMENT OF FINDINGS & FACTS 3 A. STATEMENT OF FINDINGS AND FACTS ENVIRONMENTAL IMPACT REPORT NO. 89-1 CEQA STATEMENT OF FINDINGS AND FACTS SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT, FOR THE HOLLY-SEACLIFF GPA, CITY OF HUNTINGTON BEACH, CALIFORNIA. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding." The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Hereinafter referred to as Finding 1. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Hereinafter referred to as Finding 2. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Hereinafter referred to as Finding 3. The City of Huntington Beach is considering approval of the development of the Holly-Seacliff site. Because the proposed actions constitute a project under the CEQA Guidelines, the City of Huntington Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. Further, the City desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings are set forth herein. 4 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE INSIGNIFICANT INITIAL STUDY The City of Huntington Beach prepared an Initial Study to identify effects of the proposed project which are and are not potentially significant. Those topics determined not to be significant are stated below: Earth o The project will not result in the creation of objectionable odors. o The project will not result in any increase in wind or water erosion of soils, either on or off the site. Air Ouality o The project will not result in the creation of objectionable odors. o The project will not result in the alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally. Plant Life o The project will not result in the reduction of the numbers of any unique, rare or endangered species of plants. Animal Life o The project will not result in reduction of the numbers of any unique, rare or endangered species of animals. o The project will not result in introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals. o The project will not result in deterioration of existing fish or wildlife habitat. Noise o The project will not result in the exposure of people to severe noise levels. Natural Resources o The project will not result in substantial depletion of any non-renewable natural resources. Transportation o The project will not result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians. 5 Human Health o The project will not result in the creation of any health hazard or potential health hazard. Cultural Resources o The project does not have the potential to cause physical change which would affect unique ethnic cultural values. ENVIRONMENTAL IMPACT REPORT During preparation of the EIR it was determined the following effects were insignif icant: Land Use o The project twill not result in land use compatibility impacts because roadways and walls will act as buffers. Population/Housing o The project will not result in significant population increases. Air Quality o The project will not result in significant increases in long-term stationary source emissions both on and off-site. Light and Glare o The project will not result in glare impacts related to vehicular traffic. Energy Resources o Construction of the project will not result in short-term energy consumption impacts. Public Services and Utilities o The project will not result in impacts to hospital facilities. 6 EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE LAND USE Significant Effect o Development of the project may result in impacts from oil service vehicles driving through proposed residential tracts. Findina Finding 1. Facts in Suouort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to issuance of building permits for individual tracts, the applicant should demonstrate that service vehicle access to all remaining operating oil wells on- site is monitored through the existing or proposed residential tracts. 2. All potential buyers and renters of on-site residences should be notified of the effects resulting from on-site and off-site oil production activities. The notification should state the frequency and locations of maintenance and service operations. The notification should indicate that noise levels from oil activities may also significantly increase during these times. Significant Effect o Development of the project adjacent to the golf course may result in landscape incompatibilities. Finding Finding 1 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to the approval of tentative tracts adjacent to the Seacliff Country Club and golf course, preliminary landscape plans and development/open space edge treatments should be submitted for City approval. These plans should provide for the review of planting compatibility along the relevant south edge of the development. 7 Significant Effect Grading activities or development on-site could disrupt or destroy on-site natural swales. This would be inconsistent with goals stated in the Open Space/Conservation Element. Finding Finding 1. Facts in Sutmort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. In order to retain the existing swale character, future Specific Plans should incorporate policies which specify the grade of slope, permitted amount of cut and fill, improvements for storm drainage and include a schematic design for recreational and open space treatment within drainage swales. 2. Only limited grading activities or development should be allowed within areas encompassing natural swales on-site. This should be limited to changes required to install access roads, utility and storm drainage lines and landscaping to enhance the natural condition of the swale areas. 3. Detailed grading plans for all development on-site should be submitted to and approved by the Planning Department prior to the issuance of grading permits. Such plans should show all natural swales on-site and the areas to be graded. 4. Prior to the issuance of grading permits, the Department of Fish and Game should be notified of grading activities on-site that are scheduled to commence in the swales, in order to preclude the possible elimination of wetland areas under the jurisdiction of the Department of Fish and Game, as further specified in the Biological Resources section of this EIR. AESTHETICS Significant Effect Grading activities may result in de-vegetation and potential impacts to drainage swales. Findinp. Finding 1. Facts in Sutroort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 8 , 9 1. Specific Plans should incorporate policies which specify maximum grade of slope, permitted amount of cut and fill, improvements for storm drainage and include a schematic design for recreational and open space treatment within the ravines. 2. The topography of the natural ravines and their associated drainage courses should be preserved in accordance with standards adopted with approval of future Specific Plans. Significant Effect The project may result in visual impacts associated with overhead utility lines. Findinit Finding 1. Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. New utility lines including, but not limited to, electric (excludes SCE 66KV Transimission Lines), telephone, street lighting and cable television should be placed under ground. Significant Effect The project may result in visual impacts to homes on adjacent parcels and visual impact associated with the removal of existing windrows. Fin in Finding 1. Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Landscaping of future projects should be designed to minimize visual impacts on adjacent parcels. Special consideration should be given to orientation of the project's residences (i.e. windows and decking) so as to respect the privacy of adjacent and nearby homes. 2. Wherever feasible, oil production facilities on-site should be eliminated or consolidated to reduce their total number. Facilities remaining on-site should be painted, camouflaged, or otherwise screened by perimeter walls, plantings or like treatments to reduce their unsightliness to future residents. 9 k , 3. Wherever feasible, windrows should be preserved within park sites or replaced to maintain the aesthetic benefits they contribute to the community. Further studies should be completed to assess the health of these trees. Significant Effect The project may result in aesthetic impacts associated with the loss of open space land where the railroad transportation corridor exists. FindiLig Finding 1. Facts in Sutmort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. As future development occurs, the designated railroad transportation corridor should be preserved for future use as trails or transit. EARTH RESOURCES Significant Effect Development of the project may cause further degradation of groundwater in the area and could increase erosion and siltation. Fin i Finding 1. Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Subdrains should be installed where necessary. Location and size of subdrains, if any are required, should be determined after preliminary geotechnical and grading information is made available. Significant Effect The project lies in a seismically active area. 10 44 Finding Finding 1. Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The design of structures should comply with the requirements of the City of Huntington Beach Code and the standard practices of the Structural Engineers Association of California. 2. A detailed geologic fault investigation should be undertaken to delineate any additional active trace of the Newport/Inglewood Fault. A setback zone should be established to prevent the construction of habitable structures within 50 feet on either side of any active fault trace. Therefore, as is the case in the western portion of the property, where the fault zone as exposed in the sand borrow pit is 80 feet wide, the ultimate setback zone should have a total width of 180 feet. Significant Effect The project contains areas with relatively high amount of groundwater within the alluvium that may contribute to some potential for liquefaction. Finding Finding 1. Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to future development, additional information on particle size, density and ground water levels should be obtained to accurately assess the potential for liquefaction due to seismic shaking in the alluvial areas. Significant Effect The potential for subsidence to occur exists on the project site. Finding Finding 1. Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 11 2. As future development occurs, continued subsidence rate monitoring for the region of the subject site is necessary to determine if subsidence rates are declining with current water-injection methods being used at operating oil production facilities. 3. The use of post-tensioned slabs should be considered in the foundation design in order to eliminate distress to structures and slabs from minor regional subsidence. Although this measure will provide for a more rigid slab, it will by no means eliminate distress to foundations resulting from the rapid subsidence of the land from continued oil and gas withdrawal. Significant Effect Portions of the project site are located within tsunami risk area. Findinit Finding 1. Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. At the time of future development, habitable structures will be located outside of the tsunami risk zone. Significant Effect The occurrence of bluff erosion is a distinct possibility along the western portion of the project site. Finding Finding 1. Facts in Sunoort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. During and after project construction, adequate surface drainage should be maintained by the applicant in order to eliminate bluff erosion. Surface water should be carried quickly away from the top of the bluff and not allowed to pond or run down the slope face. 12 HYDROLOGY Significant Effect The elimination of swales by development could potentially cause drainage impacts. Finding Finding 1. Facts in Sunoort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to approval of future Specific Plans or grading permits, a detailed area- wide flood control/hydrology/hydraulic study should be prepared by a licensed civil engineer as required by the City and completed by the applicant (per the current County of Orange Hydrology Requirements) to further quantify and detail the combined drainage impacts of development within the watershed area. These detailed studies may be used to adjust the suggested conduit sizes proposed for the EIR and shown on Exhibit 14. A separate detailed study should be completed for each tributary area. These studies shall be completed prior to the approval of future Specific Plans or at the time of grading permit. 2. All future discretionary permits should be consistent in preserving area-wide natural drainage patterns along with preserving and enhancing the goals, objectives and policies of the General Plan Open Space and Conservation Element. The permits should ensure that development provide for facilities needed to accommodate runoff from a 100 year storm. 3. Individual projects should be required to construct or upgrade on-site and off- site drainage facilities needed to drain the site according to City requirements. This should include: limited improvements to existing earth swales to convey nuisance flows as well as floodwater; required storm drain conduits; storm drain crossings under Goldenwest Street, Ellis Avenue and other proposed streets; and any other facilities determined as needed in the more detailed hydrology studies. 4. An additional closed conduit system will be required in Garfield Avenue from Crystal Street easterly to the connection with the existing storm drain line in Delaware Street. This system will be required to accommodate flows generated by development within the study area. 5. The City should be responsible for the construction of upgraded swales, closed conduits and a desilting basin to transport the drainage runoff collected from the northwest portion of the project site, from north of Ellis Avenue to Huntington Central Park. 13 RECREATION Significant Effect The population generated by this project would place a demand for a total of 54 acres of parkland at a ratio of 5 acres per 1,000 persons. Finding Finding 1. Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The City should adopt a plan for acquisition and development of land within the Central Park expansion area north of Ellis Avenue. 2. The City shall enter into an agreement with major landowners to dedicate designated parklands prior to or concurrent with development in each Planning Area. 3. The City should create a special assessment district(s) for the development and maintenance of public trails and parklands within the project area. TRAFFIC/CIRCULATION Significant Effect Development of the project will result in reduced LOS for traffic in the project vicinity. The GPA will result in 60,470 ADT. Finding Finding 1. Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Arterial links within the project study area shall be improved to their ultimate width, consistent with the proposed Circulation Element for the General Plan Amendment request. A listing of the ultimate arterial widths within the project study area is presented below: 14 Ellis Avenue Edwards Street to Gothard Street primary 4 lane divided arterial Gothard Street to project east boundary secondary 4 lane undivided arterial Garfield Avenue Seapointe Street to Main Street major 6 lane divided arterial Yorktown Avenue Goldenwest Street to Main Street primary 4 lane divided arterial Edwards Street Ellis Avenue to Garfield Avenue secondary 4 lane undivided arterial Goldenwest Street Yorktown Avenue to Ellis Avenue major 6 lane divided arterial Gothard Street Ellis Avenue to Main Street secondary 4 lane undivided arterial Main Street Huntington Street to Yorktown Avenue primary 4 lane divided arterial These improvements should include all necessary curbs, gutters and median requirements per the City of Huntington's standard plans. In addition, all residential collectors, industrial collectors and residential streets should be improved to their ultimate width consistent with the proposed Circulation Element for the General Plan Amendment project. 2. Intersections within the study area should be constructed to the lane geometries identified in Table 18. 3. Prior to the first Specific Plan or Tract Map approval, a fair share funding program for the construction of the cross-gap connector from Edwards to Bolsa Chica as a modified secondary arterial and the Sea- pointe Avenue extension from Garfield to Coast Highway should be determined. In the determination of this fair share funding program, a credit should be given for the segment of the cross-gap connector and Seapointe Avenue constructed within the project boundary. 4. The arterial and intersection improvements required to occur commen- surate with Planning Area development are as follows: Planning Area A Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. 15 Construct the ultimate westerly half section (40 feet, 2 lanes) of Edwards Street from Ellis Avenue to Garfield Avenue. Construct the ultimate northerly half section (60 feet, 3 lanes) of Garfield Avenue from the project's western border to Edwards Street. Planning Area B Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate easterly half section (40 feet, 2 lanes) of Edwards Street from the project's northern border to Garfield Avenue. Construct the ultimate section (100 feet, 4 lanes) of Ellis Avenue from Edwards Street to Goldenwest Street. Construct the ultimate northerly half section (60 feet, 3 lanes) of Garfield Avenue from Edwards Street to Goldenwest Street. Planning Area C Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Vacate the existing Gothard Street from Ellis Avenue to Garfield Avenue and construct the realigned Gothard Street to the west from Ellis Avenue to Clay Street. The realigned segment of Gothard Street should be constructed to its ultimate four lane secondary section from Ellis to Clay. Construct the ultimate northerly half section (60 feet, 3 lanes) of Garfield Avenue from Goldenwest Street to the project's eastern border. Planning Area D Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. 16 Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate southerly half section (60 feet, 3 lanes) of Garfield Avenue from the project's western border to Goldenwest Street. Planning Area E Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate southerly half section (60 feet, 3 lanes) of Garfield Avenue from Goldenwest Street to the project's eastern border. 5. At the time of Specific Plan or Tract Map approval for a given Planning Area or portion thereof, a traffic study shall be completed to determine whether the incremental increase in traffic from the Specific Plan or Tract Map area causes any of the intersections under investigation to result in unacceptable levels of service. If unacceptable levels of service result, this traffic analysis shall determine the portion of the ultimate intersection improvements which are required, phasing of the improvement and the funding source. If the project requires intersection improvements which are greater than the project's fair share, a reimbursable agreement shall be required of those subsequent develop- ments which contribute to the need for said improvement. Significant Effect Development of the project may result in access impacts to major arterial streets. Finding Finding 1 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to Tract Map approval, a signal warrant analysis shall be conducted for any project access points to the major arterial street system. Significant Effect The project may result in impacts to designations for bus stop turnouts. 17 Finding, Finding 1 Facts in Sunoort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to any Specific Plan or Tract Map approval, the Orange County Transit District shall be consulted for the need to construct bus stops, turnouts and shelters. Significant Effect The project may result in impacts to the future railroad transportation corridor. Finding Finding 1 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The current Southern Pacific Railroad (SPRR) easement shall be preserved as a transportation corridor for future use for mass transit and trails. AIR QUALITY Significant Effect Development of the project will result in short-term construction related impacts on air quality. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. To minimize dust generation during grading operations, SCAQMD Rule 403 should be adhered to which will require watering during earth moving operations. To further reduce the emissions, grading should not occur when wind speeds exceed 20 mpg. 18 Significant Effect Development of the project will result in long-term increases in vehicular source emissions. Finding Finding 1 Facts in Sunoort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. There should be support and compliance with the AQMP for the basin to achieve regional air quality. The AQMP includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Energy conservation measures are also included. Specific measures which may be appropriate for the proposed project include: o Encourage the use of alternate transportation modes by promoting public transit usage including the designation of the transportation corridor and providing secure bicycle facilities. o Provide public transit accommodations: such as bus turnout lanes, park and ride areas and bus shelters. o Provide energy conserving street lighting. o Provide traffic signal synchronization where feasible. Significant Effect Development of the project may expose residents to odors from oil leakage. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Because it only takes a small amount of material to generate odors, it is important to maintain a very clean operation. Therefore, any oil spilled on the ground should be quickly cleaned up. Well sumps should be pumped out after pulling a well and periodically in the interim. Maintenance of seals and gaskets on pumps and piping should be performed whenever leaks are evident. General clean up of the site should result in significant improvements in the level of odor found in the area. 19 2. Appropriately designed, vapor recovery systems which pull the gas off the well casing should be employed, as well as vapor recovery systems for oil transport trucks. A similar system could be employed for any remaining storage facilities on-site. NOISE Significant Effect Project development could result in potential traffic related noise that could potentially increase outdoor and indoor noise levels in residential and commercial land uses to unacceptable levels. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Measures should b4; designed to satisfy the requirement that 65 CNEL not be exceeded in residential outside living areas. Where residential buildings are to be located within these 65 CNEL contours, mitigation measures should be undertaken to reduce noise to acceptable levels. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is penetrated by the barrier. A barrier which does not break the line-of-sight is not an affective barrier, while one which just interrupts the line-of-sight achieves a 5 db reduction in noise. The greater the penetration the greater the noise reduction. Increasing building setbacks should also be used to attenuate noise down to acceptable levels. 2. The City of Huntington Beach should require that the housing portion of this project comply with the State of California Noise Insulation standards. The code requires that "interior community noise levels (CNEL) with window closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." Any measures, such as window upgrades, can be specified at the time of building permit application. 3. At the time of building permit application, the design should again be reviewed to ensure that sound mitigation is included in the design. Significant Effect Short- and long-term noise from oil operations, which include: drilling, oil well pumping and pulling, redrilling and service drilling, and well consolidation, could affect on-site residential uses. 20 Finding Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Noise levels generated by the oil operations should be mitigated to levels consistent with the Huntington Beach Noise Ordinance, by locating consolidation areas) at least 300 feet from the nearest residential or other sensitive land uses (locating consolidation areas within industrial use areas would be the most desirable from a noise standpoint). The oil wells could be located closer to sensitive land uses if a perimeter wall with a minimum height of 8.0 feet was utilized around the consolidation area(s). The following mitigation measures assume a 100 foot distance to receptor and the mitigation effects of an 8.0 foot sound wall. Additional analysis of the consolidation area(s) will be necessary when phasing plans become available. 2. The results show that in order for the drilling operations to satisfy the Huntington Beach Noise Ordinance outdoor standards, electric motors with acoustic blankets must be used. Diesel motors even when shielded by acoustic blankets will not meet the nighttime Noise Ordinance standards at the on-site and off-site residences, and will not meet the daytime Noise Ordinance standards at the on-site residences. If there are plans to conduct the drilling operations during the nighttime hours, then according to the Oil Code, the operations must be soundproofed. Acoustic blankets as well as a 8.0 foot high masonry wall along the site perimeter will likely reduce the noise levels to below the Noise Ordinance standards. 3. The well pumps used in the consolidation area should be submerged. If other types of well pumps such as ground level electric or diesel pumps may be necessary. Specific mitigation measures should be presented in an additional noise study. 4. Well pulling and drilling operations are confined to daytime hours (7 a.m. to 10 p.m.) by the Oil Code. Any redrilling performed at night must provide soundproofing to comply with the Noise Ordinance. The Oil Code prohibits the pulling of wells during the nighttime hours (10 p.m. to 7 a.m.). Well maintenance activities should also be conducted between the hours of 7 a.m. and 10 p.m. only. Although high levels of noise may be generated by routine well maintenance operations, these activities would occur inside the noise barrier surrounding the consolidation area. 5. Service drilling for this project will be conducted during the daytime hours only. Data on service drilling operations indicate that with a diesel powered service rig and an 8 foot high noise barrier, the noise level at 100 feet will likely be SS dBA which corresponds to the City's daytime Noise Ordinance standard. All servicing of the wells must comply with the noise standards contained in the Huntington Beach code. SAnificant Effect Trucks passing through residential areas to periodically empty on-site storage tanks, could result in associated noise nuisances t i residents. Finding Finding 1 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. I. Truck operations should be limited to daytime hours only (7 a.m. to 10 p.m.) Significant Effect Potentially significant noise from police heliport activities operations could occur. Finding Finding I Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtuc of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Residential development within the helicopter flight corridor should generally be discouraged. 2. All residential buildings to be constructed within the helicopter activity corridor should be designed to achieve a 25 dBA outdoor to indoor noise reduction. 3. Helicopter noise impacts should be addressed in the acoustical assessments for residential uses within the helicopter flight corridor. Any mitigation requirements necessary to reduce helicopter noise impacts should be included in the assessment. 4. A notice (and statement of acknowledgement) to prospective homeowners is required stating that the property is subject to overflight, sight and sound of helicopters associated with the police facility. 22 1 LIGHT AND GLARE Sianificant Effect The project will result in street, vehicular, and security related lighting which will be visible to surrounding areas. Finding Finding 1 Facts in Sunoort of Findina The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. A phased landscaping program should be developed in conjunction with all future Specific Plans to ensure landscaping commensurate with residential and non-residential occupancy to adequately screen on-site light and glare impacts. 2. All outdoor lighting should be consistent with the standards established by future Specific Plans to minimize off-site light intrusion. 3. All outdoor lighting should be hooded and directed downward to minimize direct light and glare impacts on public rights-of-way and surrounding properties. 4. Appropriate types and heights of street lights should be consistently established in future Specific Plans. Street lighting should be standardized throughout the project area. 5. Lighting associated with recreational uses, where applicable, should be designed to minimize light intrusion onto surrounding property and right-of-ways surrounding such uses. Significant Effect The amount of glare caused by reflective surfaces on buildings and by vehicles may be visible and increase as a result of the project. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Non-residential building materials should be consistent with architectural standards incorporated into future Specific Plans. These standards should address the minimization of glare. 23 CULTURAL RESOURCES Significant Effect Development of proposed project will result in the destruction of potentially significant archaeological resources. Finding Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. It is suggested that the research design be prepared by the Principal Investigator selected to perform the work and that it be reviewed by a second consulting archaeologist. This step will help insure the completeness and viability of the research design prior to its implementation. The involvement of a second professional is viewed as an inexpensive means of insuring that no major elements are overlooked. 2. The archaeological deposits within the Holly-Seacliff study area should be subjected to a program of excavation designed to recover sufficient data to fully describe the sites. The following program is recommended: A. Analysis of the collections made by the Pacific Coast Archaeological Society, Long Beach State University and any community college which has such material. If the collections are properly provenienced and are accompanied by adequate documentation, they should be brought together during this phase and complete analysis performed. Of particular importance during this phase is the recovery of survey data to be used to determine the exact locations of previous excavation efforts. B. Prior to the beginning of any excavation effort, a burial strategy should be developed by the archaeologist retained to accomplish the excavation, members of the Native American community and appropriate City Staff. The strategy should address details of the handling and processing of human remains encountered during excavation, as well as the ultimate disposition of such remains. C. Completion of test excavations should be made at each of the archaeological deposits. The information gained from the test excavation will guide the following data recovery excavation. The excavations should have two primary goals: o Definition of site boundaries and depth. o Determination of the significance of the site and its degree of preservation. D. A statistically valid sample of site material should be excavated. The data recovery excavation should be conducted under the provisions of a carefully developed research design. The research questions presented earlier in this report should be incorporated into the research design, other important research questions should be developed from the test 24 excavation data included, and a statement of methodology to be observed must be included. E. A qualified observer appointed by the Principle Investigator/ Archaeologist should monitor grading of the archaeological sites to recover important material which might appear. The monitor will be assigned by the Principal Investigator. This activity may require some minor delay or redirecting of grading while material is being recovered. The observer should be prepared to recover material as rapidly as is consistent with good archaeological practice. Monitoring should be on a full time basis when grading is taking place on or near an archaeological deposit. However, the grading should terminate when the cultural deposit has been entirely removed and clearly sterile deposits exposed. F. All excavation and ground disturbing observation projects should include a Native American Observer. Burials are known to exist at some of the sites, a circumstance which is extremely important to the Native American community. G. A detailed professional report should be prepared which fully describes the site and its place in prehistory. Reports should receive sufficient distribution which includes the City, the County and the UCLA repository for archeology to insure their availability to future researchers. H. Arrangements should be made for proper curation of the collections. It is expected that large quantities of material will be collected during the excavation. Curation should be at an institution which has the proper facilities for storage, display and use by interested scholars and the general public. 3. The shell and lithic scatters should be subjected to test excavation to determinc if they are or are not in situ archaeological deposits. If any of the scatters prove to be in situ archaeological material, a site record should be prepared and submitted to the Archaeological Survey, University of California, Los Angeles, and the site should be treated as in mitigation number one. If the sites are shown to be not archaeological in nature or not in situ, then no further action should be taken. 4. Ground disturbing activity within the study area should be monitored by a qualified observer assigned by the Principle Investigator/Archaeologist to determine if significant historic deposits, (e.g. foundations, trash deposits, privy pits and similar features) have been exposed. The monitoring should be on a full time basis but can be terminated when clearly undisturbed geologic formations are exposed. If such exposures occur, appropriate collections should be made, followed by analysis and report preparation. Historic material may be encountered anywhere within the Holly-Seacliff property, but the area around the old Holly Sugar Refinery is probably more sensitive than the balance of the project area. Historical material recovered at the archaeological sites should be treated with those deposits. 5. The plaque commemorating oil well Huntington A-1 should be preserved. As development in the area continues, it may be desirable to upgrade this feature. 25 Significant Effect Grading and other earth moving activities will likely expose fossil remains and potentially destroy them. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. A qualified paleontologist should be retained to periodically monitor the site during grading or extensive trenching activities that cut into the San Pedro Sand or the Quaternary marine terrace units. 2. In areas where fossils are abundant, full-time monitoring and salvage efforts will be necessary (8 hours per day during grading or trenching activities). In areas where no fossils are being uncovered, the monitoring time can be less than eight hours per day. 3. The paleontologist should be allowed to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils. 4. Collection and processing of matrix samples through fine screens will necessary to salvage any microvertebrate remains. If a deposit of microvertebrates is discovered, matrix material can be moved off to one side of the grading area to allow for further screening without delaying the developmental work. 5. All fossils and their contextual stratigraphic data should go to an institution with a research interest in the materials, such as the Orange County Natural History Foundation. BIOLOGICAL RESOURCES Significant Effect The project may result in the loss of large trees which will reduce raptor nesting sites. Finding Finding 1 Facts in Suunort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Through adoption of future Specific Plans large trees suitable for use by raptors such as the red-shouldered hawk, should be preserved or replaced in accordance with the tree species identified in the plant palette contained in Appendix H. 26 Significant Effect The project will result in the potential loss of brackish wetlands on the western border. Finding Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Any grading or filling in the brackish wetlands in the western portion of the project site will be mitigated by restoration of an equal area of coastal wetland at a nearby location in the open space area. 2. Effects upon on-site wetlands within the jurisdiction of the California Department of Fish and Game will require mitigation defined. by 1603 permits. Significant Effect Increased access and encroachment into the wetlands located to the west of the project site may destroy habitat and disrupt breeding and foraging activities of wildlife. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Development/use of the linear park (open space areas along the northern and northwest project boundaries) will be limited to passive recreation such as riding and hiking trails. Fencing and vegetative buffers shall be designed to exclude humans and pets from the Bolsa Chica Wetlands areas. The bluffs and other upland areas in the linear park shall be revegetated with native plants which are adapted to coastal environments. Significant Effect The night lighting associated with the proposed project may disrupt wildlife activity. 27 Finding Finding 1 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The effects of night lighting can be mitigated by the following measures: 1) use of low intensity street lamps at the development edge; 2) use of low elevation lighting poles; and 3) shielding by internal silvering of the globe or internal opaque reflectors. The degree to which these measures are utilized should be dependent upon the distance of the light source to the urban edge. Use of private sources of illumination around homes should also be restricted to prohibit area lighting on lots adjacent to open space areas. OIL FACILITIES Significant Effect Development of the project will result in the consolidation of oil wells adjacent to new development. Finding Finding 1 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Future Specific Plan(s) should include an area or areas for the consolidation of oil well facilities. Significant Effect Development of the project within an oil district may result in operational and locational impacts. Fin in Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. All new development proposals should be accompanied by: o A plan which addresses the requirements for abandoned wells. 28 o The abandonment plans for existing wells. o The operational plans for any remaining wells and facilities. These plans must satisfy the requirements of the City of Huntington Beach and the Division of Oil and Gas. 2. The criteria for the approval of development plans within oil districts should include: (a) That enough open space has been reserved around the oil operation site to allow existing and future equipment which could reasonably be expected to be used on the site, including any setbacks from new development required by the Fire Chief. (b) That adequate access to all operation sites is provided for portable equipment and emergency vehicles. (c) That reasonable expansion of the existing facilities, if permitted in the oil district, can be accomplished. (d) That any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief. (e) That screening of oil facilities from any new development is included in the plan. (section 9680.4, Article 968 OIL DISTRICTS, City of Huntington Beach Municipal Code). Significant Effect The withdrawal of oil may result in subsidence impacts to new development structures. Finding Finding 1 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. As future development occurs, continued subsidence rate monitoring for the region of the subject site is necessary to determine if subsidence rates are declining with current water injection methods being used at operating oil production facilities. 2. The use of post-tensioned slabs should be considered in the foundation design in order to eliminate distress to structures and slabs from minor regional subsidence. Although this measure will provide for a more rigid slab, it will by no means eliminate distress to foundations resulting from the rapid subsidence of the land from continued oil and gas withdrawal. Significant Effect Development among operating oil wells can include hazards from oil field, surface oil contamination, accumulation of methane gas, fire or blow out incidents, oil spills, noise and air quality impacts. 29 Fin Sling Finding 1 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. All other mitigation measures pertaining to oil contamination, methane gas accumulation and other hazards are contained in other sections of this EIR, as previously noted. HUMAN HEALTH dt SAFETY Significant Effect Previous oil production activities cold result in areas of surface oil contamination on the project site, requiring a site specific evaluation to direct cleanup operations on- site. Finding Finding 1 Facts in Sutmort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to grading and development, a site reconnaissance should be performed including a phased Environmental Site Assessment to evaluate areas where contamination of the surficial soils may have taken place. The environmental assessment should evaluate existing available information pertinent to the site and also undertake a limited investigation of possible on-site contamination. Phase I should include: a. Review of available documents pertinent to the subject site to evaluate current and previous uses. b. Site reconnaissance to evaluate areas where contamination of surficial soils may have taken place. C. Excavation and testing of oil samples to determine presence of near surface contamination of soil. d. Subsurface exploration to determine presence of sumps on-site. Testing of possible drilling fluids for heavy metals. e. Completion of soil gas vapor detection excavations located adjacent to the existing on-site wells. I f. Testing of air samples for gas vapor, methane gas and sulfur compounds. 30 2. The actual site characterization and remedial action plan would be developed as part of a later phase. Upon completion of the Environmental Assessment, a Remedial Action Plan can be developed. This plan should address the following items: a. Treatment of possible crude oil contaminated soils. A possible solution to this condition would be aeration of the contaminated soils to release the volatile gases and then incorporation of the treated soils into the roadway fills (subgrade). b. Treatment of possible drilling sumps by either on-site disposal of non- contaminated drilling fluids or off-site disposal of contaminated fluids. C. Treatment of the possibility of the accumulation of methane gas. Significant Effect The potential exists for the project site to experience explosions due to methane gas accumulations. Finding Finding 1 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to development, a thorough site study for the presence of surface and shallow subsurface methane gas should be performed. Any abnormal findings would require a Remedial Action Plan and further studies to assure sufficient mitigation of the hazardous areas prior to building construction. All structures should have a gas and vapor barrier installed underneath the slabs and foundations. Gas collection and ventilation systems should be installed over abandoned wells which are underneath or within ten (10) feet of any structure, and over wells which show evidence of surface emissions of methane gas. Additionally, following construction of structures, an organic vapor analysis should be conducted and the results evaluated to assure that acceptable air quality is maintained within buildings and residences. 2. The presence of methane gas on-site should be the subject of future studies that include the following tasks: a. Drilling of test wells to monitor for subsurface methane deposits and confirm or deny the presence of biogenic methane bearing strata near the surface in the development area. b. Shallow excavation and sampling in areas either known or assumed to be potential drilling mud sumps; C. Vapor monitoring of shallow vapor probes placed at strategic locations on the site and collection of soil vapor samples; d. Vapor survey areas adjacent to known abandoned oil wells; 31 C. Laboratory analysis of selected soil samples for metals and soil vapor samples for gases. Significant Effect The operation of oil wells in proximity to residential development may result in hazards related to blowouts, explosions, fires, ruptures and vandalism. FindinsE Finding 1 Facts in Sut)nort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Oil wells scheduled for abandonment should be completed in accordance with the standards and specifications of the City of Huntington Beach and the California Division of Oil and Gas. Wells which have previously been abandoned must be reabandoned to the most current requirements of the City of Huntington Beach and the Division of Oil and Gas. 2. Existing oil production lines are located throughout the site. Treatment of these lines will depend on proposed land use and development. Utility lines should be relocated and or removed with the trench being filled with compacted fill. Significant Effect The storage and use of hazardous materials can be expected as part of operations in industrial portions of the project site. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. An inventory of all hazardous materials used and stored by industries locating within the project area should be maintained and recorded for use by the City Fire Department. This inventory should include the location at which each hazardous material is used. 2. The use, storage and disposal of hazardous materials should be enforced by City of Huntington Beach to provide the greatest possible protection to the public from accidental occurrences. 3. Active wells remaining on-site should be secured and screened as required by the City of Huntington Beach. 32 4. Prior to development, a review of available public health records should be performed to evaluate possible public health risk sites in the vicinity of the subject site. PUBLIC SERVICES AND UTILITIES Significant Effect Development of the project will create the need for additional fire protection services. indinit Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Access roads to oil production areas should be provided where appropriate and kept unobstructed to prevent adverse impacts on fire protection due to ongoing oil production. 2. Measures to eliminate or reduce fire and safety risks from existing and abandoned oil production facilities and disposal areas are discussed in the Human Health and Safety section of this EIR. 3. The Huntington Beach Fire Department should review all developments within the area for adequate emergency vehicle access and water pressure. Significant Effect Development within the project area will impact the level of police services presently provided. Finding Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The City should budget for additional officers to correspond with phasing of development in the project area. Significant Effect Development of the project will result in the addition of new residents to the area creating a need for expanded park facilities and library facilities. 33 in i Finding 1 Facts in Sunnort of Findina The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The City should enter into an agreement with major landowners to dedicate designated parklands prior to or concurrent with development in each Planning Area. 2. The City should adopt a plan for acquisition and development of land within the Central Park expansion area north of Ellis Avenue. 3. The City should create a special assessment district(s) for the development and maintenance of public trails and parklands within the project area. Significant Effect Development of the project will have an incremental impact on already overcrowded conditions at the central Library and may additionally increase the use and demand on the service of the Main Street Branch. Finding Finding 1 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. With future development, the community enrichment fee should be paid to help fund the library expansion program. Significant Effect Development of the project will impact elementary and high school facilities. Finding Finding 1 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The GPA designates a site for a new elementary school to serve students generated by residential development within the project area. 34 2. The school district and major landowner should enter into an agreement for acquisition or lease of the site as part of implementation of this GPA. 3. Developers should pay school impact fees to finance construction of necessary school facilities. 4. The Huntington Beach Union High School District should coordinate its expansion plans with phasing of development within the project area and surrounding areas. Significant Effect Development of the project could potentially impact waste disposal facilities and services. Finding Finding 1 Facts in Support of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. To reduce the proposed projects impacts on waste disposal facilities, project designs should develop a means of reducing the amount of waste generated both during construction and when the project is in use. Potential ways of reducing project waste loads include implementation of recycling programs, and utilization of low water use landscaping. 2. The developer should contact the solid waste disposal firm during the design stage to ensure the most efficient and economical means for rubbish removal. The design should include rubbish enclosures, projected travel areas, and turnabouts where necessary. Provisions for recycling should be included in future project designs. Significant Effect Development of the project could potentially impact gas conservation and planning efforts. Findinit Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Building construction should comply with the Energy Conservation Standards set forth in Title 24 of the Californian Administrative Code. 35 2. It is strongly recommended that developers consult with the Southern California Gas Company and the Southern California Edison Company for further energy conservation measures. 3. Developers should submit to SCG and SCE planning divisions all tract maps and improvement plans for the project so that proper planning, phasing and sizing of needed mains and service lines can be designed. Significant Effect Development of the project could potentially impact service delivery and planning efforts. Findinit Finding I Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Building construction should comply with the standards and specifications of the General Telephone Company and Rogers Cable TV Company. 2. Developers should submit to GTE and Rogers Cable TV Company all tract maps and improvement plans for the project so that proper planning, phasing, sizing and material ordering for service lines can be made. WATER FACILITIES Significant Effect Development of the project will result in the need for water facility improvements such as major transmission lines and a booster station. Finding Finding I Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Development of the proposed project should occur concurrently with development of the City's water system improvements to allow for adequate water service to the site. 2. All proposed development should comply with the phasing and design of water facilities as shown on the water facilities map so as to provide adequate looped systems to service the adjoining properties. 36 3. As future development occurs prior to the issuance of Use and Occupancy permits, developers should construct the necessary water service lines to individual residences and lots. Significant Effect Development of the project will result in the need for increased storage capacity. Finding Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. As future development occurs, no permits for Use and Occupancy should be issued until the Reservoir Hill booster pump station and the increase in storage capacity are complete and operating to the satisfaction of the City Water Division so as to provide adequate water service to each development. SEWER FACILITIES Significant Effect Ultimate development project area will require four major trunk lines and one pump station to collect and convey sewerage from the project area. FindiniE Finding 1 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Detailed sewer studies should be prepared by a licensed civil engineer as required by the City so as to precisely calculate the required sewer main sizes. These calculations may be used to adjust the suggested pipe sizes proposed for the E.I.R. and should be completed for each tributary area prior to the approval of Specific Plans. 2. All proposed development should comply with a phasing plan and the design of sewer facilities as shown on the sewer facilities map. This would provide adequate connections to service adjoining and upstream properties. All required easements for sewer facilities should be in place prior to the issuance of a building permit of the subject property. 3. New development should be phased corresponding to the curtailment of waste water discharge from existing oil production as required for adequate pipe capacity flows. 37 4. Development of the areas tributary to the Slater Avenue Pump Station should be postponed until the pump station improvements are completed or until other interim methods are approved. 5. All industrial and commercial users should take on-site measures to reduce the load strength of their sewerage discharge. 6. Developers should pay the required connection fees to either O.C.S.D. No. 3 or O.C.S.D. No. 11, whichever is higher at the time of connection to County Trunk lines. 7. Each development should be responsible for the construction of sewer facilities within their project and/or off-site facilities necessary to serve the development. If it is required to oversize these facilities so as to serve other future projects, the developer can enter into a reimbursement agreement with the City so that future developers pay their fair share when they develop. This reimbursement procedure is per the City Ordinance Code. 8. Discretionary permits should not be approved for development of an area until adequate sewer service alignments and capacities are demonstrated. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED. LAND USE Significant Effect Project will result in the conversion of 768 acres of land to urban uses that are at a much greater degree of development than what is presently existing. Findinia Finding 3 Facts in Sunoort of Finding Certain economic and social needs of the City preclude the feasibility of mitigation. AESTHETICS Significant Effect The project will contribute to a cumulative loss of open space views. Finding Finding 3 Facts in Support of Finding The significant impact cannot be lessened through mitigation as this impact is a consequence of the urbanization process. 38 EARTH RESOURCES Significant Effect The project will alter existing topography and soils through the proposed grading and construction activities on-site. Finding Findings 1 and 3 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to preparing the final development plan for the property, a detailed preliminary geologic and soils engineering investigation should be completed. The purpose of this subsequent investigation should be to develop specific grading and foundation recommendations for the proposed site development. 2. In order to retain the existing swale character, future Specific Plans should incorporate policies which specify maximum grade of slope, permitted amounts of cut and fill, permitted improvements for storm drainage and include a schematic design for recreational and open space treatment within drainage swales. 3. Prior to the issuance of future grading permits, internal collector streets should be aligned around topographical features and avoid crossing the natural swales where possible. HYDROLOGY Sjjznificant Effect The project will increase downstream siltation and contribute to the degradation of water quality. Finding Findings 1 and 3 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Developers will be required to design and construct all required improvements (swales, conduits, overflow provisions, desiltation, by-pass system) required for flows entering Sully-Miller Lake. Per City Ordinance, the developers may enter into reimbursement agreements. The developer shall be responsible for on-site generated run-off only. 39 2. It is recommended that final drainage and grading plans be designed to minimize erosion and velocity of surface runoff through proper design of surface drains, appropriate grading, and landscape programs, all to the specification of the City's Department of Public Works. 3. All work should comply with the City of Huntington Beach Public Works Standards and Specifications and any pertinent grading ordinances. POPULATION/HOUSING Significant Effect Development of the project will impact the goals of the Housing Element by reducing the housing stock by 25%. Findiniz Findings 1 and 3 Facts in Suonort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The applicant should strive to develop a variety of housing types and sizes at a range of prices in order to comply with the General Plan Housing Element policies for affordable housing as well as the needs identified in the RHNA. TRAFFIC/CIRCULATION Significant Effect Development of the project will result in impacts to Garfield Avenue/Main Street intersection from access locations along Garfield. Fin in Finding I and 3 Facts in Suouort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. As part of any subsequent Specific Plan or Tract Map that requires access along Garfield Avenue, an operational analysis of said access shall be conducted and submitted for review and approval of the City Traffic Engineer. The access on Garfield Avenue shall be limited to right turn in and out, except one location, mid-block between Edwards Street and Goldenwest Street. A signalized full movement intersection shall be permitted at this location. The access design shall be limited on Garfield Avenue and spread to other parallel arterials, such as Ellis Avenue, Clay Avenue and Yorktown Avenue. 40 AIR QUALITY Significant Effects Development of the project will contribute to the degradation of regional air quality. Find1ns Finding 1 and 3 Facts in Sunuort of Finding The cumulative significant impact cannot be lessened through mitigation as this impact is a consequence of the urbanization process. NOISE Significant Effects During construction, existing residential land uses situated adjacent to the project site could be exposed to impacts from occasional single-event disturbances caused by construction equipment. Finding Finding l and 3 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Enforcement of the City of Huntington Beach Noise Ordinance should be implemented which limits the hours of construction to normal weekday working hours. BIOLOGICAL RESOURCES Significant Effect The conversion of existing open areas into residential and commercial uses will result in the removal of vegetation and the destruction or displacement of wildlife which uses the on-site habitat. Finding Findings l and 3 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The setting aside of 92 acres of parks and other open space will partially mitigate the loss of the existing open space and provide some wildlife habitat. 41 2. The Specific Plan should address revegetation on all graded areas where structures or other improvements are not built. In public open space areas, consideration should be given to the use of native or naturalized species which require little irrigation and provide wildlife habitat, with a gradual transition to more ornamental species along the development edge. 3. Following construction of necessary infrastructure in the main drainage swale, i.e. utility lines, sewers, etc., this swale should remain as open space. Mitigation for the loss of cattail marsh habitat (0.5 acres) and willow habitat (0.5 acres) which are depicted on Exhibit 28, will take place such that a minimum of 1.0 acre of riparian vegetation is established in this drainage swale. The plants utilized in the revegetated area will be chosen from the recommended plant palette indicated in Appendix H. NATURAL AND ENERGY RESOURCES Significant Effect Upon completion, project residences will generate an increased demand on natural gas and electricity. Fin in Findings 1 and 3 Facts in Sunnort of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Building construction should comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. Energy conservation features should include: o Installation of thermal insulation in walls and ceilings which meet or exceed State of California, Title 24 requirements. o Insulation of hot water pipes and duct systems. o Use of natural ventilation where possible. o Use of natural gas for space heating and cooking. o Installation of attic fans or other ventilation devices. o Orientation to sunlight and use of overhangs. o Landscaping with deciduous trees, to provide shade in the summer months and allow sunlight through in the winter months. 2. It is recommended that the developer consult with both the Southern California Gas Company and Southern California Edison during the building design phase for further energy conservation measures. 42 WATER FACILITIES Significant Effect Development of the project will incrementally increase the demand for additional water supplies. Finding Finding 1 and 3 Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The following water conservation measures shall be implemented by developers as required by state law and by the City Water Division: a. Low-flush toilets. b. Low-flow showers and faucets. C. Insulation of hot water lines in water recirculating systems. d. Compliance with water conservation provisions of the appropriate plumbing code. 2. Irrigation systems which minimize water waste should be used to the greatest extent possible. Such measures should involve such features as the following: a. Raised planters and berming in conjunction with closely spaced low volume low angle (22-1/2 degrees) sprinkler heads. b. Drip irrigation. C. Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. 3. Developers and the City should provide information to occupants regarding benefits of low water use landscaping and sources of additional assistance for domestic and irrigation water conservation procedures. 4. Landscaping should use only low water demand (drought-tolerant species) and irrigation systems designed to minimize water waste. The use of mulch extensively in all landscaped areas is strongly recommended. 5. Minimize use of lawns and utilize water season, drought tolerant grasses. 6. Use pervious paving material whenever feasible to reduce surface water runoff and aid in groundwater recharge. 7. Control slopes and grades to discourage water waste through runoff. 8. As future development occurs, no permits for Use and Occupancy should be issued until additional water supplies as detailed in the 1988 Water Master Plan are implemented by the City Water Division so as to provide adequate water supplies to each development. 43 t 9. Developers should consult the City Water Division during design and construction phases for further water conservation measures to review irrigation designs and drought tolerant plant use. 10. As development occurs, prior to approval of future building permits, complete landscape and irrigation plans should be submitted to and approved by the Water Division. 11. In order to connect to the Orange County Water District's "Green Acres" system of reclaimed water (as described and detailed in the 1988 City of Huntington Beach Water System Master Plan), the project developer should at this time construct and utilize a reclaimed water system for on-site irrigated areas and equestrian trails. PROJECT ALTERNATIVES The draft EIR evaluated alternatives for the proposed Holly-Seacliff General Plan Amendment. The project had been refined during the course of the public review through a series of actions including but not limited to those listed below. 1. The City staff analysis of the Plan. 2. Refinement of the land uses based upon meetings between the City staff and Planning Commissioners and members of the community. 3. The responses to the comments on the Draft EIR. FINDINGS 1. The above described plan had been prepared and analyzed in a manner so as to provide for the greatest public involvement in the planning and CEQA process. 2. The planning process has developed a land use plan that is in conformance with the plan under which the Notice of Preparation was issued and the draft EIR as prepared. 3. The Mitigation Measures and Standard City Policies and Requirements have been made a part of the land use plan. 4. The following provides a brief description of the project alternatives. 5. The alternatives were rejected in favor of the current project proposal. 6. The rationale for rejection of each alternative is provided below. No Development Alternative The No Development Alternative would retain the site in its existing condition. Findings Finding 3 - Specific economic, social, or other considerations make infeasible the project's No Development Alternative identified in the Final EIR and described above in that: 1. The project would not provide housing opportunities to meet the local and regional demands. 44 2. By not allowing the development of the project, development demands would still exist. These demands would create impacts similar to those described in the Final EIR. 3. The No Development Alternative would not provide roadway improvements to the community. 4. The No Development Alternative would not meet the planning and design objectives of the project proponent. 5. The No Development Alternative would not provide needed employment centers. 6. The proposed project represents the best mix of use for the site, better than the No Development Alternative, all factors considered. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the No Development Alternative. No Project Alternative The No Project Alternative assumes the existing City General Plan remains in place and that development takes place with these designations and densities. Findings: Finding 3 - Specific economic, social, or other considerations make infeasible the project's No Project Alternative identified in the Final EIR and described above in that: 1. The No Project Alternative would delay development of the site because these designations are not consistent with the demands in the marketplace. 2. The No Project Alternative provides 40% less acreage for Open Space than the proposed Land Use Plan and increases traffic (ADT) by 38%. 3. The No Project Alternative would not meet the planning and design objectives of the project proponent. 4. The proposed project represents the best mix of use for the site, better than the No Project Alternative, all factors considered. 5. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the No Project Alternative. Industrial Alternative The Industrial Alternative assumes higher intensity development with more acreage for industrial use and similar residential development. 45 Findings: Finding 3 - Specific economic, social or other considerations make infeasible the project's industrial alternative identified in the Final EIR and described above in that: 1. The Industrial Alternative would decrease employment opportunities within central Huntington Beach impacting the job/housing balance. 2. This alternative has greater aesthetic, cultural, biological and natural resource impacts than the proposed plan. 3. The Industrial Alternative would not meet the planning and design objectives of the project proponent. 4. The proposed project represents the best mix of use for the site, better than the Industrial Alternative all factors considered. 5. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Consideration and stated above, and are more acceptable than those anticipated from the Industrial Alternative. Residential Alternative The Residential Alternative assumes 11% more residential development than the proposed plan and eliminates industrial areas. Findings: Finding 3 - Specific economic, social, or other considerations make infeasible the project's Residential Alternative identified in the Final EIR and described above in that: 1. The Residential Alternative would not create an employment area in Huntington Beach and generates 72% less employment opportunities than the proposed plan. 2. The Residential Alternative has greater population, recreation and public service impacts than the proposed plan. 3. The Residential Alternative would not meet the planning and design objectives of the project proponent. 4. The proposed project represents the best mix of use for the site, better than the Residential Alternative all factors considered. 5. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Residential Alternative. 46 B. STATEMENT OF OVERRIDING CONSIDERATIONS 47 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Huntington Beach has determined that the unavoidable risks of this project are acceptable when balanced against the benefits of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The proposed project is consistent and compatible with other existing and proposed uses in the vicinity of the project and community in general. 2. The proposed project will contribute to improvements to roadways. 3. Roadway improvements which the proposed project will be required to contribute an equitable share will add roadway capacity and will thereby aid in alleviating existing traffic congestion in the City. 4. The intensity of the project is appropriate for the location. 5. The project will provide additional housing within the community. This will allow residents to move to the City of Huntington Beach rather than remain in or move to other employment areas. 6. In view of all factors the project represents reasonable uses for the project area. 7. The majority of impacts associated with this project are regional in nature. The project's cumulative and incremental contribution to those impacts is considered minimal and acceptable from a regional perspective. 8. The project will be designed and landscaped to provide an aesthetically pleasing environment compatible with surrounding land uses. 9. The overall planning of the project is comprehensive and interrelated, not planned in a piecemeal fashion. Implementation of the Holly-Seacliff General Plan Amendment will provide for the following: Land Use o Redistribute planned residential, commercial, industrial and open space uses to more accurately reflect existing uses and development opportunities, constraints and trends. o Coordinate land use patterns with planned arterial highway alignments and improvements. o Designate 89 acres to be dedicated to and/or acquired by the City as permanent public open space. This includes 40 acres adjacent to Huntington Central Park, 36 acres for the Bolsa Chica Linear Park and 13 acres for neighborhood parks. 48 o Designate 561 acres for residential uses ranging from 3 du/ac to 20 du/ac (versus the existing General Plan which has 465 acres in residential use with 115 acres at 35 du/acre). o Designate 54 acres for business and industrial uses. o Focus industrial and business uses at the key intersection of Garfield and Goldenwest providing for a consolidated business park which will be highly visible. o Provide 4,870 jobs for the community. o Provide for a mixed use land use category in the area of the Seacliff Village Shopping Center. This will provide for 20 acres of commercial use along with 33 acres of medium density residential uses. o Provide for a balanced range of land uses, responsive to market demands which will facilitate the transition from oil production uses to new development. Circulation o Provide road capacities to accommodate ultimate projected traffic from both existing and proposed development in the region. o Provide for coordinated access onto arterials from the interior of large parcels. o Provides for current and future Class II bicycle circulation. o Incorporate policies and design features to encourage the use of public transportation systems through the designation of a transportation corridor along the Southern Pacific Railroad right-of-way. o Decrease average daily trips when compared to the existing General Plan by 36,900 trips for 38 percent. Recreation And Open Space o Provide a comprehensive and coordinated plan for the acquisition and development of public and private open space and recreation areas, including: - Four new neighborhood parks. - A linear park, including vista points along the west, facing the bluffs of Huntington Mesa. - Bicycle and pedestrian trails linking major open space features. - Open space corridors and landscaped buffers in the ravine areas. - Equestrian trails which link Central Park to the bluffs of Huntington Mesa. - Establishment of the upland boundary for the Bolsa Chica linear park incorporating an agreement for the timely dedication of parkland, tied to phasing of development in the study area. - Increasing open space and park areas by 35 acres or 65 percent. 49 Community Infrastructure Facilities o Evaluate existing and planned infrastructure facilities and capacities to serve development in the study area. o Provide a master plan of improvement for water and sewer service, storm drainage, gas, electric and telephone service. Community Theme I o Establish community and neighborhood identify through the use of: - theme walls - planting materials - intersection emphasis - community and neighborhood entry features 50 a C. FINAL EIR MITIGATION MEASURES 51 • r MITIGATION MEASURES ENVIRONMENTAL IMPACT REPORT NO. 99-1 Land Use On-Site Land Uses 1. Prior to issuance of building permits for individual tracts, the applicant should demonstrate that service vehicle access to all remaining operating oil wells on- site is monitored through the existing or proposed residential tracts. 2. All potential buyers and renters of on-site residences should be notified of the effects resulting from on-site and off-site oil production activities. The notification should state the frequency and locations of maintenance and service operations. The notification should indicate that noise levels from oil activities may also significantly increase during these times. Ownership 3. The City should adopt a redevelopment plan or other strategy to assemble encyclopedia lots and other non-buildable parcels of land in Planning Areas B, C & E. Surrounding Land Uses 4. Prior to the approval of tentative tracts adjacent to the Seacliff Country Club and golf course, preliminary landscape plans and development/open space edge treatments should be submitted for City approval. These plans should provide for the review of planting compatibility along the relevant south edge of the development. Land Use Policies 5. In order to retain the existing swale character, future Specific Plans should incorporate policies which specify the grade of slope, permitted amount of cut and fill, improvements for storm drainage and include a schematic design for recreational and open space treatment within drainage swales. 6. Only limited grading activities or development should be allowed within areas encompassing natural swales on-site. This should be limited to changes required to install access roads, utility and storm drainage lines and landscaping to enhance the natural condition of the swale areas. 7. Detailed grading plans for all development on-site should be submitted to and approved by the Planning Department prior to the issuance of grading permits. Such plans should show all natural swales on-site and the areas to be graded. 8. Prior to the issuance of grading permits, the Department of Fish and Game should be notified of grading activities on-site that are scheduled to commence in the swales, in order to preclude the possible elimination of wetland areas under the jurisdiction of the Department of Fish and Game, as further specified in the Biological Resources section of this EIR. 52 Aesthetics 1. Specific Plans should incorporate policies which specify maximum grade of slope, permitted amount of cut and fill, improvements for storm drainage and a schematic design for recreational and open space treatment within the ravines. 2. The topography of the natural ravines and their associated drainage courses should be preserved in accordance with standards adopted with approval of future Specific Plans. 3. As required in the Public Services and Utilities section of this EIR, new utility lines including, but not limited to, electric (excludes SCE 66KV transmission lines), telephone, street lighting and cable television should be placed underground. The applicant should be responsible for complying with this requirement and should make the necessary arrangements with the utility companies for the installation of such facilities. 4. Landscaping of future projects should be designed to minimize visual impacts on adjacent parcels. Special consideration should be given to orientation of the project's residences (i.e. windows and decking) so as to respect the privacy of adjacent and nearby homes. 5. Wherever feasible, oil production facilities on-site should be eliminated or consolidated to reduce their total number. Facilities remaining on-site should be painted, camouflaged, or otherwise screened by perimeter walls, plantings or like treatments to reduce their unsightliness to future residents. 6. Wherever feasible, windrows should be preserved within park sites or replaced to maintain the aesthetic benefits they contribute to the community. Further studies should be completed to assess the health of these trees. 7. As future development occurs, the designated railroad transportation corridor should be preserved for future use as trails or transit. Earth Resources Groundwater 1. Subdrains should be installed where necessary. Location and size of subdrains, if any are required, should be determined after preliminary geotechnical and grading information is made available. Seismicity 2. The design of structures should comply with the requirements of the City of Huntington Beach Code and the standard practices of the Structural Engineers Association of California. 3. A detailed geologic fault investigation should be undertaken to delineate any additional active trace of the Newport/Inglewood fault. A setback zone should be established to prevent the construction of habitable structures within 50 feet on either side of any active fault trace. Therefore, as is the case in the western portion of the property, where the fault zone as exposed in the sand borrow pit is 80 feet wide, the ultimate setback zone should have a total width of 180 feet. 53 • r Liquefaction 4. Prior to future development, additional information on particle size, density, and ground water levels should be obtained to accurately assess the potential for liquefaction due to seismic shaking in the alluvial areas. Subsidence 5. As future development occurs, continued subsidence rate monitoring for the region of the subject site is necessary to determine if subsidence rates are declining with current water-injection methods being used at operating oil production facilities. 6. The use of post-tensioned slabs should be considered in the foundation design in order to eliminate distress to structures and slabs from minor regional subsidence. Although this measure will provide for a more rigid slab, it will by no means eliminate distress to foundations resulting from the rapid subsidence of the land from continued oil and gas withdrawal. Tsunamis 7. At the time of future development, habitable structures will be located outside of the tsunami risk zone. Other Hazards 8 . During and after project construction, adequate surface drainage should be maintained by the applicant, in order to eliminate bluff erosion. Surface water should be carried quickly away from the top of the bluff and not allowed to pond or run down the slope face. Hydrology By implementing the following mitigation measures, the significant impacts to both the environment and the City storm-drain facilities due to runoff can be significantly reduced. On-Site 1. Prior to approval of future Specific Plans or grading permits, a detailed area- wide flood control/hydrology/hydraulic study should be prepared by a licensed civil engineer as required by the City and completed by the applicant (per the current County of Orange Hydrology Requirements) to further quantify and detail the combined drainage impacts of development within the watershed area. These detailed studies may be used to adjust the suggested conduit sizes proposed for the EIR and shown on Exhibit 14. A separate detailed study should be completed for each tributary area. These studies shall be completed prior to the approval of future Specific Plans or at the time of grading permit. 2. All future discretionary permits should be consistent in preserving area-wide natural drainage patterns along with preserving and enhancing the goals, objectives and policies of the General Plan Open Space and Conservation Element. The permits should ensure that development provide for facilities needed to accommodate runoff from a 100 year storm. 54 3. Individual projects should be required to construct or upgrade on-site and off- site drainage facilities needed to drain the site according to City requirements. This should include: limited improvements to existing earth swales so as to convey nuisance flows as well as floodwater; required storm drain conduits; storm drain crossings under Goldenwest Street, Ellis Avenue and other proposed streets; and any other facilities determined as needed in the more detailed hydrology studies. 4. An additional closed conduit system will be required in Garfield Avenue from Crystal Street easterly to the connection with the existing storm drain line in Delaware Street. This system will be required to accommodate flows generated by development within the study area. 5. The City should be responsible for the construction of upgraded swales, closed conduits and a desilting basin to transport the drainage runoff collected from the northwest portion of the project site, from north of Ellis Avenue to Huntington Central Park. Population and Housing 1. The applicant should strive to develop a variety of housing types and sizes at a range of prices in order to comply with the General Plan Housing Element policies for affordable housing as well as the needs identified in the RHNA. Recreation 1. The City should adopt a plan for acquisition and development of land within the Central Park expansion area north of Ellis Avenue. 2. The City shall enter into an agreement with major landowners to dedicate designated parklands prior to or concurrent with development in each Planning Area. 3. The City should create a special assessment district(s) for the development and maintenance of public trails and parklands within the project are Transportation The following measures are recommended to ameliorate the potential circulation impacts arising from the development of the proposed Holly Seacliff General Plan Amendment. 1. Arterial links within the project study area shall be improved to their ultimate width, consistent with the proposed Circulation Element for the General Plan Amendment request. A listing of the ultimate arterial widths within the project study area is presented below: Ellis Avenue Edwards Street to Gothard Street primary 4 lane divided arterial Gothard Street to project cast boundary secondary 4 lane undivided arterial Garfield Avenue Seapointe Street to Main Street major 6 lane divided arterial Yorktown Avenue Goldenwest Street to Main Street primary 4 lane divided arterial 55 Edwards Street Ellis Avenue to Garfield Avenue secondary 4 lane undivided arterial Goldenwest Street Yorktown Avenue to Ellis Avenue major 6 lane divided arterial Gothard Street Ellis Avenue to Main Street secondary 4 lane undivided arterial Main Street Huntington Street to Yorktown Avenue primary 4 lane divided arterial These improvements should include all necessary curbs, gutters, and median requirements per the City of Huntington's standard plans. In addition, all residential collectors, industrial collectors and residential streets should be improved to their ultimate width consistent with the proposed Circulation Element for the General Plan Amendment project. 2. Intersections within the study area should be constructed to the lane geometrics identified in Table 18. 3. Prior to the first Specific Plan or Tract Map approval, a fair share funding program for the construction of the cross-gap connector from Edwards to Bolsa Chica as a modified secondary arterial and the Sea- pointe Avenue extension from Garfield to Coast Highway should be determined. In the determination of this fair share funding program, a credit should be given for the segment of the cross-gap connector and Seapointe Avenue constructed within the project boundary. 4. The arterial and intersection improvements required to occur commen- surate with Planning Area development are as follows: Planning Area A Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate westerly half section (40 feet, 2 lanes) of Edwards Street from Ellis Avenue to Garfield Avenue. Construct the ultimate northerly half section (60 feet, 3 lanes) of Garfield Avenue from the project's western border to Edwards Street. Planning Area B Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. 56 Construct the ultimate easterly half section (40 feet, 2 lanes) of Edwards Street from the project's northern border to Garfield Avenue. Construct the ultimate section (100 feet, 4 lanes) of Ellis Avenue from Edwards Street to Goldenwest Street. Construct the ultimate northerly half section (60 feet, 3 lanes) of Garfield Avenue from Edwards Street to Goldenwest Street. Planning Area C Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Vacate the existing Gothard Street from Ellis Avenue to Garfield Avenue and construct the realigned Gothard Street to the west from Ellis Avenue to Clay Street. The realigned segment of Gothard Street should be constructed to its ultimate four lane secondary section from Ellis to Clay. Construct the ultimate northerly half section (60 feet, 3 lanes) of Garfield Avenue from Goldenwest Street to the project's eastern border. Planning Area D Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate southerly half section (60 feet, 3 lanes) of Garfield Avenue from the project's western border to Goldenwcst Street. Planning Area E Contribute on a fair share basis towards the implementation of all necessary intersection improvements identified as mitigation measures for the proposed project. Contribute on a fair share basis towards the construction of the cross-gap connector. Construct the ultimate southerly half section (60 feet, 3 lanes) of Garfield Avenue from Goldenwest Street to the project's eastern border. 57 5. At.the time of Specific Plan or Tract Map approval for a given Planning Area or portion thereof, a traffic study shall be completed to determine whether the incremental increase in traffic from the Specific Plan or Tract Map area causes any of the intersections under investigation to result in unacceptable levels of service. If unacceptable levels of service result, this traffic analysis shall determine the portion of the ultimate intersection improvements which are required, the phasing of the improvement and the funding source. If the project requires intersection improvements which are greater than the project's fair share, a reimbursable agreement shall be required of those subsequent develop- ments which contribute to the need for said improvement. 6. Prior to Tract Map approval, a signal warrant analysis shall be conducted for any project access points to the major arterial street system. 7. As part of any subsequent Specific Plan or Tract Map that requires access along Garfield Avenue, an operational analysis of said access shall be conducted and submitted for review and approval of the City Traffic Engineer. The access on Garfield Avenue shall be limited to right turn in and out, except one location, mid-block between Edwards Street and Goldenwest Street. A signalized full movement intersection shall be permitted at this location. The access design shall be limited on Garfield Avenue and spread to other parallel arterials, such as Ellis Avenue, Clay Avenue and Yorktown Avenue. 8. Prior to any Specific Plan or Tract Map approval, the Orange County Transit District shall be consulted for the need to construct bus stops, turnouts and shelters. 9. The current Southern Pacific Railroad (SPRR) easement shall be pre- served as a transportation corridor for future use for mass transit and trails. Air Quality Short-term Impacts 1. To minimize dust generation during grading operations, SCAQMD Rule 403 should be adhered to which will require watering during earth moving operations. To further reduce the emissions, grading should not occur when wind speeds exceed 20 mpg. Long-term Impacts 2. There should be support and compliance with the AQMP for the basin to achieve regional air quality. The AQMP includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Energy conservation measures are also included. Specific measures which may be appropriate for the proposed project include: o Encourage the use of alternate transportation modes by promoting public transit usage including the designation of the transportation corridor and providing secure bicycle facilities. o Provide public transit accommodations: such as bus turnout lanes, park and ride areas, and bus shelters. 58 o Provide energy conserving street lighting. o Provide traffic signal synchronization where feasible. Odor Control 3. Because it only takes a small amount of material to generate odors, it is important to maintain a very clean operation. Therefore, any oil spilled on the ground should be quickly cleaned up. Well sumps should be pumped out after pulling a well, and periodically in the interim. Maintenance of seals and gaskets on pumps and piping should be performed whenever leaks are evident. General clean up of the site should result in significant improvements in the level of odor found in the area. 4. Appropriately designed, vapor recovery systems which pull the gas off the well casing should be employed, as well as vapor recovery systems for oil transport trucks. A similar system could be employed for any remaining storage facilities on-site. Noise Roadway Noise The following mitigation measures are recommended to minimize any potential noise impacts associated with traffic noise on surrounding roadways. 1. Enforcement of the City of Huntington Beach Noise Ordinance should be implemented which limits the hours of construction to normal weekday working hours. 2. Measures should be designed to satisfy the requirement that 65 CNEL not be exceeded in residential outside living areas. Where residential buildings are to be located within these 65 CNEL contours, mitigation measures should be undertaken to reduce noise to acceptable levels. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is penetrated by the barrier. A barrier which does not break the line-of-sight is not an affective barrier, while one which just interrupts the line-of-sight achieves a 5 db reduction in noise. The greater the penetration the greater the noise reduction. Increasing building setbacks should also be used to attenuate noise down to acceptable levels. 3. The City of Huntington Beach should require that the housing portion of this project comply with the State of California Noise Insulation standards. The code requires that "interior community noise levels (CNEL) with window closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." Any measures, such as window upgrades, can be specified at the time of building permit application. 4. At the time of building permit application, the design should again be reviewed to ensure that sound mitigation is included in the design. 59 Oil Well Operations 5. Noise levels generated by the oil operations should be mitigated to levels consistent with the Huntington Beach Noise Ordinance, by locating consolidation areas) at least 300 feet from the nearest residential or other sensitive land uses (locating consolidation areas within industrial use areas would be the most desirable from a noise standpoint). The oil wells could be located closer to sensitive land uses if a perimeter wall with a minimum height of 8.0 feet was utilized around the consolidation area(s). The following mitigation measures assume a 100 foot distance to receptor and the mitigation effects of an 8.0 foot sound wall. Additional analysis of the consolidation area(s) will be necessary when phasing plans become available. Oil Well Drilling Operations 6. The results show that in order for the drilling operations to satisfy the Huntington Beach Noise Ordinance outdoor standards, electric motors with acoustic blankets must be used. Diesel motors even when shielded by acoustic blankets will not meet the nighttime Noise Ordinance standards at the on-site and off-site residences, and will not meet the daytime Noise Ordinance standards at the on-site residences. If there are plans to conduct the drilling operations during the nighttime hours, then according to the Oil Code, the operations must be soundproofed. Acoustic blankets as well as a 8.0 foot high masonry wall along the site perimeter will likely reduce the noise levels to below the Noise Ordinance standards. Oil Well Pumping 7. The well pumps used in the consolidation area should be submerged. If other types of well pumps such as ground level electric or diesel pumps may be necessary. Specific mitigation measures should be presented in an additional noise study. Well Pulling, Redrilling, and Service Drilling Operations 8. Well pulling and drilling operations are confined to daytime hours (7 a.m. to 10 p.m.) by the Oil Code. Any redrilling performed at night must provide soundproofing to comply with the Noise Ordinance. The Oil Code prohibits the pulling of wells during the nighttime hours (10 p.m. to 7 a.m.). Well maintenance activities should also be conducted between the hours of 7 a.m. and 10 p.m. only. Although high levels of noise may be generated by routine well maintenance operations, these activities would occur inside the noise barrier surrounding the consolidation area. 9. Service drilling for this project will be conducted during the daytime hours only. Data on service drilling operations indicate that with a diesel powered service rig and an 8 foot high noise barrier, the noise level at 100 feet will likely be 55 dBA which corresponds to the City's daytime Noise Ordinance standard. All servicing of the wells must comply with the noise standards contained in the Huntington Beach code. Truck Operations 10. Truck operations should be limited to daytime hours only (7 a.m. to 10 p.m.) 60 Helicopter Operations 11. Residential development within the helicopter flight corridor should generally be discouraged. 12. All residential buildings to be constructed within the helicopter activity corridor should be designed to achieve a 25 dBA outdoor to indoor noise reduction. 13. Helicopter noise impacts should be addressed in the acoustical assessments for residential uses within the helicopter flight corridor. Any mitigation requirements necessary to reduce helicopter noise impacts should be included in the assessment. 14. A notice (and statement of acknowledgement) to prospective homeowners is required stating that the property is subject to overflight, sight and sound of helicopters associated with the police facility. Liaht and Glare 1. A phased landscaping program should be developed in conjunction with all future Specific Plans to ensure landscaping commensurate with residential and non-residential occupancy to adequately screen on-site light and glare impacts. 2. All outdoor lighting should be consistent with the standards established by future Specific Plans to minimize off-site light intrusion. 3. All outdoor lighting should be hooded and directed downward to minimize direct light and glare impacts on public rights-of-way and surrounding properties. 4. Appropriate types and heights of street lights should be consistently established in future Specific Plans. Street lighting should be standardized throughout the project area. 5. Lighting associated with recreational uses, where applicable, should be designed to minimize light intrusion onto surrounding property and right-of-ways surrounding such uses. 6. Non-residential building materials should be consistent with architectural standards incorporated into future Specific Plans. These standards should address the minimization of glare. Cultural Resources Archaeology 1) It is suggested that the research design be prepared by the Principal Investigator selected to perform the work and that it be reviewed by a second consulting archaeologist. This step will help insure the completeness and viability of the research design prior to its implementation. The involvement of a second professional is viewed as an inexpensive means of insuring that no major elements are overlooked. 2) The archaeological deposits within the Holly-Seacliff study area should be subjected to a program of excavation designed to recover sufficient data to fully describe the sites. The following program is recommended: 61 A. Analysis of the collections made by the Pacific Coast Archaeological Society, Long Beach State University and any community college which has such material. If the collections are properly provenienced and are accompanied by adequate documentation, they should be brought together during this phase and complete analysis performed. Of particular importance during this phase is the recovery of survey data to be used to determine the exact locations of previous excavation efforts. B. Prior to the beginning of any excavation effort, a burial strategy should be developed by the archaeologist retained to accomplish the excavation, members of the Native American community and appropriate City Staff. The strategy should address details of the handling and processing of human remains encountered during excavation, as well as the ultimate disposition of such remains. C. Completion of test excavations should be made at each of the archaeological deposits. The information gained from the test excavation will guide the following data recovery excavation. The excavations should have two primary goals: o Definition of site boundaries and depth. o Determination of the significance of the site and its degree of preservation. D. A statistically valid sample of site material should be excavated. The data recovery excavation should be conducted under the provisions of a carefully developed research design. The research questions presented earlier in this report should be incorporated into the research design, other important research questions should be developed from the test excavation data included, and a statement of methodology to be observed must be included. E. A qualified observer appointed by the Principle Investigator/ Archaeologist should monitor grading of the archaeological sites to recover important material which might appear. The monitor will be assigned by the Principal Investigator. This activity may require some minor delay or redirecting of grading while material is being recovered. The observer should be prepared to recover material as rapidly as is consistent with good archaeological practice. Monitoring should be on a full time basis when grading is taking place on or near an archaeological deposit. However, the grading should terminate when the cultural deposit has been entirely removed and clearly sterile deposits exposed. F. All excavation and ground disturbing observation projects should include a Native American Observer. Burials are known to exist at some of the sites, a circumstance which is extremely important to the Native American community. G. A detailed professional report should be prepared which fully describes the site and its place in prehistory. Reports should receive sufficient distribution which includes the City, the County and the UCLA repository for archeology to insure their availability to future researchers. 62 H. Arrangements should be made for proper Curation of the collections. It is expected that large quantities of material will be collected during the excavation. Curation should be at an institution which has the proper facilities for storage, display and use by interested scholars and the general public. 3) The shell and lithic scatters should be subjected to test excavation to determine if they are or are not in situ archaeological deposits. If any of the scatters prove to be in situ archaeological material, a site record should be prepared and submitted to the Archaeological Survey, University of California, Los Angeles, and the site should be treated as in mitigation number one. If the sites are shown to be not archaeological in nature or not in situ, then no further action should be taken. 4) Ground disturbing activity within the study area should be monitored by a qualified observer assigned by the Principle Investigator/Archaeologist to determine if significant historic deposits, (e.g. foundations, trash deposits, privy pits and similar features) have been exposed. The monitoring should be on a full time basis but can be terminated when clearly undisturbed geologic formations are exposed. If such exposures occur, appropriate collections should be made, followed by analysis and report preparation. Historic material may be encountered anywhere within the Holly-Seacliff property, but the area around the old Holly Sugar Refinery is probably more sensitive than the balance of the project area. Historical material recovered at the archaeological sites should be treated with those deposits. 5) The plaque commemorating oil well Huntington A-1 should be preserved. As development in the area continues, it may be desirable to upgrade this feature. Paleontology 6) A qualified paleontologist should be retained to periodically monitor the site during grading or extensive trenching activities that cut into the San Pedro Sand or the Quaternary marine terrace units. 7) In areas where fossils are abundant, full-time monitoring and salvage efforts will be necessary (8 hours per day during grading or trenching activities). In areas where no fossils are being uncovered, the monitoring time can be less than eight hours per day. 8) The paleontologist should be allowed to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils. 9) Collection and processing of matrix samples through fine screens will necessary to salvage any microvertebrate remains. If a deposit of microvertebrates is discovered, matrix material can be moved off to one side of the grading area to allow for further screening without delaying the developmental work. 10) All fossils and their contextual stratigraphic data should go to an institution with a research interest in the materials, such as the Orange County Natural History Foundation. 63 Biolortical Resources Several mitigation measures can be implemented which will reduce the significant impacts to levels of insignificance and further reduce the insignificant impacts. Since many project development details have not been proposed, these mitigation measures are discussed on a general level. 1. The setting aside of 92 acres of parks and other open space will partially mitigate the loss of the existing open space and provide some wildlife habitat. 2. The Specific Plan should address revegetation on all graded areas where structures or other improvements are not built. In public open space areas, consideration should be given to the use of native or naturalized species which require little irrigation and provide wildlife habitat, with a gradual transition to more ornamental species along the development edge. 3. Following construction of necessary infrastructure in the main drainage swale, i.e. utility lines, sewers, etc., this swale should remain as open space. Mitigation for the loss of cattail marsh habitat (0.5 acres) and willow habitat (0.5 acres) which are depicted on Exhibit 28, will take place such that a minimum of 1.0 acre of riparian vegetation is established in this drainage swale. The plants utilized in the revegetated area will be chosen from the recommended plant palette indicated in Appendix H. 4. Through adoption of future Specific Plans large trees suitable for use by raptors such as the red-shouldered hawk, should be preserved or replaced in accordance with the tree species identified in the plant palette contained in Appendix H. 5. Any grading or filling in the brackish wetlands in the western portion of the project site will be mitigated by restoration of an equal area of coastal wetland at a nearby location in the open space area. 6. Effects upon on-site wetlands within the jurisdiction of the California Department of Fish and Game will require mitigation defined by 1603 permits. 7. Development/use of the linear park (open space areas along the northern and northwest project boundaries) will be limited to passive recreation such as riding and hiking trails. Fencing and vegetative buffers shall be designed to exclude humans and pets from the Bolsa Chica Wetlands areas. The bluffs and other upland areas in the linear park shall be revegetated with native plants which are adapted to coastal environments. 8. The effects of night lighting can be mitigated by the following measures: 1) use of low intensity street lamps at the development edge; 2) use of low elevation lighting poles; and 3) shielding by internal silvering of the globe or internal opaque reflectors. The degree to which these measures are utilized should be dependent upon the distance of the light source to the urban edge. Use of private sources of illumination around homes should also be restricted to prohibit area lighting on lots adjacent to open space areas. Natural Resources 1. Building construction should comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. Energy conservation features should include: 64 o Installation of thermal insulation in walls and ceilings which meet or exceed State of California, Title 24 requirements. o Insulation of hot water pipes and duct systems. o Use of natural ventilation where possible. o Use of natural gas for space heating and cooking. o Installation of attic fans or other ventilation devices. o Orientation to sunlight and use of overhangs. o Landscaping with deciduous trees, to provide shade in the summer months and allow sunlight through in the winter months. 2. It is recommended that the developer consult with both the Southern California Gas Company and Southern California Edison during the building design phase for further energy conservation measures. Oil Facilities 1. Future Specific Plan(s) should include an area or areas for the consolidation of oil well facilities. 2. All new development proposals should be accompanied by: o A plan which addresses the requirements for abandoned wells. o The abandonment plans for existing wells. o The operational plans for any remaining wells and facilities. These plans must satisfy the requirements of the City of Huntington Beach and the Division of Oil and Gas. 3. The criteria for the approval of development plans within oil districts should include: (a) That enough open space has been reserved around the oil operation site to allow existing and future equipment which could reasonably be expected to be used on the site, including any setbacks from new development required by the Fire Chief. (b) That adequate access to all operation sites is provided for portable equipment and emergency vehicles. (c) That reasonable expansion of the existing facilities, if permitted in the oil district, can be accomplished. (d) That.any proposed development includes all provisions for soundproofing and fire protection required by the Fire Chief. (e) That screening of oil facilities from any new development is included in the plan. (section 9680.4, Article 968 OIL DISTRICTS, City of Huntington Beach Municipal Code). 65 4. As future development occurs, continued subsidence rate monitoring for the region of the subject site is necessary to determine if subsidence rates are declining with current water injection methods being used at operating oil production facilities. 5. The use of post-tensioned slabs should be considered in the foundation design in order to eliminate distress to structures and slabs from minor regional subsidence. Although this measure will provide for a more rigid slab, it will by no means eliminate distress to foundations resulting from the rapid subsidence of the land from continued oil and gas withdrawal. 6. All other mitigation measures pertaining to oil contamination, methane gas accumulation and other hazards are contained in other sections of this EIR, as previously noted. Human Health and Safety Surface Oil Contamination 1. Prior to grading and development, a site reconnaissance should be performed including a phased Environmental Site Assessment to evaluate areas where contamination of the surficial soils may have taken place. The environmental assessment should evaluate existing available information pertinent to the site and also undertake a limited investigation of possible on-site contamination. Phase I should include: a. Review of available documents pertinent to the subject site to evaluate current and previous uses. b. Site reconnaissance to evaluate areas where contamination of surficial soils may have taken place. C. Excavation and testing of oil samples to determine presence of near surface contamination of soil. d. Subsurface exploration to determine presence of sumps on-site. Testing of possible drilling fluids for heavy metals. C. Completion of soil gas vapor detection excavations located adjacent to the existing on-site wells. f. Testing of air samples for gas vapor, methane gas and sulfur compounds. 2. The actual site characterization and remedial action plan would be developed as part of a later phase. Upon completion of the Environmental Assessment, a Remedial Action Plan can be developed. This plan should address the following items: a. Treatment of possible crude oil contaminated soils. A possible solution to this condition would be aeration of the contaminated soils to release the volatile gases and then incorporation of the treated soils into the roadway fills (subgrade). b. Treatment of possible drilling sumps by either on-site disposal of non- contaminated drilling fluids or off-site disposal of contaminated fluids. 66 C. Treatment of the possibility of the accumulation of methane gas. Methane Gas 3. Prior to development, a thorough site study for the presence of surface and shallow subsurface methane gas should be performed. Any abnormal findings would require a Remedial Action Plan and further studies to assure sufficient mitigation of the hazardous areas prior to building construction. All structures should have a gas and vapor barrier installed underneath the slabs and foundations. Gas collection and ventilation systems should be installed over abandoned wells which are underneath or within ten (10) feet of any structure, and over wells which show evidence of surface emissions of methane gas. Additionally, following construction of structures, an organic vapor analysis should be conducted and the results evaluated to assure that acceptable air quality is maintained within buildings and residences. 4. The presence of methane gas on-site should be the subject of future studies that include the following tasks: a. Drilling of test wells to monitor for subsurface methane deposits and confirm or deny the presence of biogenic methane bearing strata near the surface in the development area. b. Shallow excavation and sampling in areas either known or assumed to be potential drilling mud sumps; C. Vapor monitoring of shallow vapor probes placed at strategic locations on the site and collection of soil vapor samples; d. Vapor survey areas adjacent to known abandoned oil wells; e. Laboratory analysis of selected soil samples for metals and soil vapor samples for gases. Other Oil Production Related Hazards 5. Oil wells scheduled for abandonment should be completed in accordance with the standards and specifications of the City of Huntington Beach and the California Division of Oil and Gas. Wells which have previously been abandoned must be reabandoned to the most current requirements of the City of Huntington Beach and the Division of Oil and Gas. 6. Existing oil production lines are located throughout the site. Treatment of these lines will depend on proposed land use and development. Utility lines should be relocated and or removed with the trench being filled with compacted fill. Hazardous Materials 7. An inventory of all hazardous materials used and stored by industries locating within the project area should be maintained and recorded for use by the City Fire Department. This inventory should include the location at which each hazardous material is used. 67 8. The use, storage and disposal of hazardous materials should be enforced by City of Huntington Beach to provide the greatest possible protection to the public from accidental occurrences. 9. Active wells remaining on-site should be secured and screened as required by the City of Huntington Beach. 10. Prior to development, a review of available public health records should be performed to evaluate possible public health risk sites in the vicinity of the subject site. Public Services and Utilities Fire Protection 1. Access roads to oil production areas should be provided where appropriate and kept unobstructed to prevent adverse impacts on fire protection due to ongoing oil production. 2. Measures to eliminate or reduce fire and safety risks from existing and abandoned oil production facilities and disposal areas are discussed in the Human Health and Safety section of this EIR. 3. The Huntington Beach Fire Department should review all developments within the area for adequate emergency vehicle access and water pressure. Police Services 4. The City should budget for additional officers to correspond with phasing of development in the project area. Community Services 5. The City should enter into an agreement with major landowners to dedicate designated parklands prior to or concurrent with development in each Planning Area. 6. The City should adopt a plan for acquisition and development of land within the Central Park expansion area north of Ellis Avenue. 7. The City should create a special assessment diStrict(S) for the development and maintenance of public trails and parklands within the project area. Library 8. With future development, the community enrichment fee should be paid to help fund the library expansion program. Schools 9. The GPA designates a site for a new elementary school to serve students generated by residential development within the project area. 68 10. The school district and major landowner should enter into an agreement for acquisition or lease of the site as part of implementation of this GPA. 11. Developers should pay school impact fees to finance construction of necessary school facilities. 12. The Huntington Beach Union High School District should coordinate its expansion plans with phasing of development within the project area and surrounding areas. Solid Waste Disposal 13. To reduce the proposed projects impacts on waste disposal facilities, project designs should develop a means of reducing the amount of waste generated both during construction and when the project is in use. Potential ways of reducing project waste loads include implementation of recycling programs, and utilization of low water use landscaping. 14. The developer should contact the solid waste disposal firm during the design stage to ensure the most efficient and economical means for rubbish removal. The design should include rubbish enclosures, projected travel areas, and turnabouts where necessary. Provisions for recycling should be included in future project designs. Gas and Electricity 15. Building construction should comply with the Energy Conservation Standards set forth in Title 24 of the Californian Administrative Code. 16. It is strongly recommended that developers consult with the Southern California Gas Company and the Southern California Edison Company for further energy conservation measures. 17. Developers should submit to SCG and SCE planning divisions all tract maps and improvement plans for the project so that proper planning, phasing and sizing of needed mains and service lines can be designed. Telephone and Cable TV 18. Building construction should comply with the standards and specifications of the General Telephone Company and Rogers Cable TV Company. 19. Developers should submit to GTE and Rogers Cable TV Company all tract maps and improvement plans for the project so that proper planning, phasing, sizing and material ordering for service lines can be made. Water Facilities With the implementation of the following mitigation measures, the major impacts to the City's water system can be reduced significantly. 69 1. Development of the proposed project should occur concurrently with development of the City's water system improvements to allow for adequate water service to the site. 2. All proposed development should comply with the phasing and design of water facilities as shown on the water facilities map so as to provide adequate looped systems to service the adjoining properties. 3. As future development occurs prior to the issuance of Use and Occupancy permits, developers should construct the necessary water service lines to individual residences and lots. 4. As future development occurs, no permits for Use and Occupancy should be issued until the Reservoir Hill booster pump station and the increase in storage capacity are complete and operating to the satisfaction of the City Water Division so as to provide adequate water service to each development. S. The following water conservation measures shall be implemented by developers as required by state law and by the City Water Division: a. Low-flush toilets. b. Low-flow showers and faucets. C. Insulation of hot water lines in water recirculating systems. d. Compliance with water conservation provisions of the appropriate plumbing code. 6. Irrigation systems which minimize water waste should be used to the greatest extent possible. Such measures should involve such features as the following: a. Raised planters and berming in conjunction with closely spaced low volume low angle (22-1/2 degrees) sprinkler heads. b. Drip irrigation. C. Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. I 7. Developers and the City should provide information to occupants regarding benefits of low water use landscaping and sources of additional assistance for domestic and irrigation water conservation procedures. 8. Landscaping should use only low water demand (drought-tolerant species) and irrigation systems designed to minimize water waste. The use of mulch extensively in all landscaped areas is strongly recommended. 9. Minimize use of lawns and utilize water season, drought tolerant grasses. 10. Use pervious paving material whenever feasible to reduce surface water runoff and aid in groundwater recharge. 11. Control slopes and grades to discourage water waste through runoff. 12. As future development occurs, no permits for Use and Occupancy should be issued until additional water supplies as detailed in the 1988 Water Master Plan are implemented by the City Water Division so as to provide adequate water supplies to each development. 70 13. Developers should consult the City Water Division during design and construction phases for further water conservation measures to review irrigation designs and drought tolerant plant use. 14. As development occurs, prior to approval of future building permits, complete landscape and irrigation plans should be submitted to and approved by the Water Division. 15. In order to connect to the Orange County Water District's "Green Acres" system of reclaimed water (as described and detailed in the 1988 City of Huntington Beach Water System Master Plan), the project developer should at this time construct and utilize a reclaimed water system for on-site irrigated areas and equestrian trails. Sewer Facilities The following measures are suggested to mitigate the impacts to the City and County sewer systems. 1. Detailed sewer studies should be prepared by a licensed civil engineer as required by the City so as to precisely calculate the required sewer main sizes. These calculations may be used to adjust the suggested pipe sizes proposed for the E.I.R. and should be completed for each tributary area prior to the approval of Specific Plans. 2. All proposed development should comply with a phasing plan and the design of sewer facilities as shown on the sewer facilities map. This would provide adequate connections to service adjoining and upstream properties. All required easements for sewer facilities should be in place prior to the issuance of a building permit of the subject property. 3. New development should be phased corresponding to the curtailment of waste water discharge from existing oil production as required for adequate pipe capacity flows. 4. Development of the areas tributary to the Slater Avenue Pump Station should be postponed until the pump station improvements are completed or until other interim methods are approved. 5. All industrial and commercial users should take on-site measures to reduce the load strength of their sewerage discharge. 6. Developers should pay the required connection fees to either O.C.S.D. No. 3 or O.C.S.D. No. 11, whichever is higher at the time of connection to County Trunk lines. 7. Each development should be responsible for the construction of sewer facilities within their project and/or off-site facilities necessary to serve the development. If it is required to oversize these facilities so as to serve other future projects, the developer can enter into a reimbursement agreement with the City so that future developers pay their fair share when they develop. This reimbursement procedure is per the City Ordinance Code. 71 8. Discretionary permits should not be approved for development of an area until adequate sewer service alignments and capacities are demonstrated. 72 RESPONSE TO COMMENTS DRAFT EIR 89-1 HOLLY-SEACLIFF GPA September 28, 1989 Prepared for: The City of Huntington Beach Prepared by: FORMA 3100 Bristol St., Suite 100 Costa Mesa, CA 92626 D. COMMENT LETTERS AND RESPONSE TO COMMENTS 73 F ADDENDUM TO FINAL EIR_ 89-I 74 TABLE OF CONTENTS SECTION 1: INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 2: COMMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 3: RESPONSES TO COMMENTS . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 1: INTRODUCTION The purpose of this document is to transmit all comments received related to the Draft Environmental Impact Report prepared for EIR 89-1, State Clearinghouse Number 89-01-04-12. This EIR addresses potential environmental impacts associated with the development of a 768-acre site under the proposed Holly-Seacliff General Plan Amendment. It further responds to comments in accordance with Section 15088 of the CEQA Guidelines. Public Review Period The Draft Environmental Report for the project was distributed to various public agencies, responsible agencies, citizens groups, and interested individuals. The report was made available for public review and comment for a period of 45 days. The public review period for the Draft EIR established by the State Clearinghouse commenced on July 26, 1989 and expired on September 8, 1989. Public Comment The City of Huntington Beach has utilized several methods to solicit input on the Draft EIR. These methods included the preparation and distribution of a Notice of Preparation distribution of the Draft EIR, noticing for and conducting Public Workshops on the project and its environmental consequences, and preparation and distribution of the Notice of Completion. Notice of Completion A Notice of Completion was filed on July 26, 1989 with the State of California Office of Planning and Research. 1 SECTION 2: COMMENTS Copies of all comments received as of September 21, 1989 are contained in the comments section of this report. Comments have been numbered and responses have been correspondingly numbered. Responses are presented for each comment which raised a significant environmental issues. 2 i COMMENTS COMMENTORS 1. Letter - August 30, 1989 California Regional Water Quality Control Board 2. Letter - August 18,1989 Department of Water Resources 3. Letter - August 2, 1989 Huntington Beach City School District 4. Letter - September 7, 1989 Norma Vandermolen 5. Letter - September 7, 1989 Huntington Beach Tomarrow 6. Letter - August 28, 1989 John Fisher/Debbie Cook 7. Letter - August 21, 1989 Jerry J. Galich 8. Letter - September 14, 1989 Department of Transportation 9. Letter - September 8,1989 Gerald L. Chapman D.D.S. 10. Letter - September 8, 1989 Office of Planning and Research 11. Letter - September 8, 1989 Huntington Beach Environmental Board 12. Letter - September 13, 1989 California Waste Management Board 3 STATE OF CAUFORMA J OEORGE�EWCMt.NAN.Cow►wn► CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 6809 INDIANA AVENUE,SUITE 200 RIVERSIDE.CAUFORNIA 92506PHONE:(7141782-4130 RECEIVE16, August 30, 1989 SEP 0 11989 DEPARTMENT OF COMMUNITY DEVELOPMENT Hal Simmons, Senior Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 f DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE HOLLY-SEACLIFF GENERAL PLAN AMENDMENT, SCH #89010412 Dear Mr. Simmons: we have reviewed the above--referenced report and have the following comments. If soil contamination by hazardous substances associated with oil field and/or other activities is found to exist at the project site, the proponent ahould contact the Orange County Health Care Agency, Hazardous waste Section, for assistance in mitigation activities. This office should also be contacted if there are potential water quality impacts. In addition, either a National Pollutant Discharge Elimination System (NPDES) permit for any discharge of wastes to surface water or a Waste Discharge Requirements (WDR) permit for any discharge of wastes to land is required from this Regional Board. These discharges of wastes can be those associated with, but not limited to, construction dewatering, dredging activities, or storm water runoff from industrial areas which store hazardous materials. We look forward to reviewing any future CEQA and/or environmental documents related to this project. If you should have any questions, please call me. Sincerely, . X Gary ueger, En2ronmental Specialist II Regulations Section cc: Garrett Ashley, State Clearinghouse w/SCH form GLK/2904hsgp.eir Suite the Resounm ARenq Memorandum Dom t AUG 18 1969 To 1. Gordon F. Snow, Ph.D. Assistant Secretary for Resources 2. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92M Attention: Hal Simmons From Poportmont of Watw Resewre" Los Angeles, CA 90055 5"b ' Holly-Seacliff O.P.A. , dated July 1989, Report 89-1. SCH $901043.2 Your subject document has been reviewed by our Department of Water Resources staff. Recommendations, as they relate to water conservation and flood damagq prevention. are attached. After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reolaiaed water for irrigation purposes in order to free fresh water supplies for beneficial uses requiring high quality water supplies. For further information, you may wish to contact John Pariewski at (213) 620-3951. Thank you for the opport=U7 to review and comment on this report. Sincerely, Charles RlWhite, Chief Planning Branch Southern District Attachments • re•e-,,_.... . . , DEPARTMENT OF WATER RESOURCES RECOMMENDATIONS FOR WATER CONSERVATION AND WATER RECLAMATION I� To reduce water demand, implement the water conservation measures. described 1 here. Requirod The following'State laws require water-efficient plumbing fixtures. in structures: o Health and Safety Code Section 27221.3 requires low-flush toilets and urinals is virtually *.0 buildings as follows: "After January 1. 1983. all new buildings constructed in this state the'I use water closets and'associated flushometer valves, •If any. which are water-conservation water closets as defined by American National Standards Institute-Standard A112.19.2, and urinals and associated flushometer valves, if any. that use less than an average of 1-1/2 galloons per flush. Blowout water closets and associated flushometer valves are exempt from the requirements of this section." o Title 20, California Administrative Code Section* IMM`(Aggliance Efficiency Stand„arLsl establishes efficiency standards that give the saZximum flow rate of all new showerheads. lavatory faucets. and sink faucets, as specified In the standard approved by the American National ' Standards Institute on Noveaber 16. 1979, and known as AN31 AM-18.its-1979- o Title 20, California Administrative Code Section 1606tb) (Appliance ftficiency Standards) prohibits the sale of fixtures that do not comply with regulations. No new appliance may be sold or offered for sale in • California that is not certified ty its manufacturer to. be in compliance with t6e provisions of the regulations establishing applicable efficiency ataLudards. , o ]atl* 24 of the California Administrative Code Section 2- Calirarnia Energy Conservation Standarda_for New Building) prohibits the installation of Fixtures unless the manufacturer has certified to the CDC compliance with the flow rate-standards. o UeI_24. California Administrative Code Section¢ 2-5152(i) .and (i) • ..�.... ...y... address pipe insulation requirements. which can reduce water used before hot water reaches equipment or fixtures. These requirements apply. to • steam and steam-condensate return piping and recirculating hot water piping in attics. garages, crawl spaces. or unheated spaces other than between floors or in interior walls. Insulation of water-heating systeas Is also required. o Health and Safety_ Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. Included is the requirement that, in most Instances. the installation of .the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water. o Government Code Section 7800 specifies that lavatories in all public facilities constructed after January 1. 1985, be equipped with .solf-closing faucets that limit flow of hot water. To be Implemented whore applicable Interior: 1. Supply line pressure: Water pressure greater then 50 pounds per square • inch (psi) be reduced to 50 psi or less by means of a pressure-reducing valve. 2. Drinking, fountains: Drinking fountains be equipped with self-closing valves. 3. Hotel rooms: Conservation reminders be posted in rooms and restrooms." Thermostatically. controlled mixing valve be installed for bath/shower: • 4. Laundry facilities: Water-conserving models of washers be used. 5 Restaurants: Water-conserving models of dishwashers be used or spray emitters that have been retrofitted for reduced flow. Drinking water be • served upon request only.' . .• 6. Ultra-low-flush toilets: 1-1/2-gallon per flush toilets be installed in all new construction. Exterior,-* . 1. Landscape with low water-using plants wherever feasible. 2. Minimize use of lawn by limiting it to lawn-dependent uses. such as playing fields. When lawn is used, require warm season grasses. 3.• Group plants of similar water use to reduce overirrigation of low-water-using plants. 4. Provide information to occupants regarding benefits of low-water-using- landscaping and sources of additional assistance. •The Department of Water Resources or local water district may aid in developing these materials or providing other information. . 1 5. •Use mulch extensively in all landscaped areas. Mulch applied* on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil comAection. 6. Preserve and protect existing trees and shrubs. Established-plants are • often adapted to low-water-using conditions and their use saves water needed to establish replacement vegetation. • 7. Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 8. Use pervious paving material whenever feasible to reduce surface water runoff and to aid in ground water recharge. 9. Grade slopes so that runoff of surface water is minimized. 10. Investigate the feasibility of using reclaimed waste water, stored rainwater, or grey water for irrigation. 11. Encourage cluster development. which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious - paving created and thereby aid in ground water recharge. 12. Preserve existing natural drainage areas and encourage the incorporation of natural drainage systems in new developments. This aids ground water -recharge. • 13. To aid in ground water recharge, preserve flood plains and aquifer recharge areas as open space. • FLOOO DA41AGE PREVENTION In flood-prone areas. flood damage prevention measures required to protect a proposed development should be based on the following guidelines; 1. It is the State's policy to conserve water; any potential loss to ground water should be mitigated. 2. All building structures should be protected against a. 100-year flood. 3. In those areas not covered by a Flood Insurance Rate Map or Flood Boundary and Floodway Map, issued by the Federal Emergency Management Agency, the 100-year flood elevation and boundary should be shown in the Environmental Impact Report., 4. At least one route of ingress and egress to the development should be available during a 100-year flood. 5. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially for hillside developments. 6. Revegetation of &Lsturbed or newly constructed slopes should be done as soon as possible (utilizing native or low-water-using plant material) ; 7. The potential damage to the proposed development by mudrlow should be assessed and mitigated as required. 8. Grading should be limited to dry months to minimize problems associated •, with sediment transport during construction. o • J L HUNTINGTON BEACH CITY SCHOOL DISTRICT 20451 Cmltvw Lane • P.O.Box 71 MuMtlrptott Beech,CalNomle 92640 (714)95441M a BOARD OF TRUSTEES August 2, 1989 Sherry Barlow President Pat Cohen Cl'* Mr. Hal Simmons, Senior Planner City of Huntington Beach Robert Mann,Ed.D.Member 2000 Main Street Huntington Beach, CA 92648 Gary Men*rDDS Re: Holly Seacliff EIR Workshop Karen O'Bric Dear Mr. Simmons: Member The proposed Holly Seacliff General Plan Amendment will have a significant impact on the school district. It may ADMINISTRATION generate approximately 600 K-5 students from the proposed new housing. Additional students of middle school age from this project may also impact Dwyer Middle School. oaiii�Peters pe:ri'n�cedcM In order to mitigate the impact on K-5 students, a Ronald Brown ten-acre site and approximately 24 classrooms are needed. Aaittant superintendent g Y As of this date, Huntington Beach City School District is Personal negotiating with the Huntington Beach Company with regard Gary a ryn«.Ed.D. to an elementary school (land and building) in the Aaitand proposed General Plan Amendment area, with both groups S an=S�es working cooperatively toward a resolution. Rab•cea J.Turrentine We would appreciate these factors being considered prior Arintendd ent g stant S erinte to final action being taken. Su Edudtional Services Sincerely, (p� GARY A. BURGNER, Ed.D. Assistant Superintendent Business Services RESPONSE TO STAFF FROM NORMA VANDERMOLEN REGARDING HOLLY-SEACLIFF EIR DRAFT: ACCORDING TO THE NUMBERS SHOWN IN THE EIR PERTAINING TO PROJECTED SCHOOL ENROLLMENT FROM THE HOLLY-SEACLIFF AREA, PERRY AND DWYER SCHOOLS WILL BOTH BE PLACED OVER CAPACITY. WHEN A SCHOOL IS AT OVER CAPACITY A SCHOOL DISTRICT HAS SEVERAL CHOICES: 1 . BUILD A NEW SCHOOL (HARDLY REASONABLE WHEN THE HBCSD HAS SEVERAL SCHOOLS CLOSED IN OTHER AREAS - $$$ FACTOR) . 2. REDISTRICT -- REDRAW THE BOUNDARY. THIS WILL DISRUPT PRESENT STUDENTS - NOT AT ALL SATISFACTORY. 3. BUS THE NEW STUDENTS (HOLLY-SEACLFF NEW RESIDENTS) TO OTHER SCHOOLS THAT HAVE LOWER ENROLLMENT -THIS TAKES AWAY FROM NEIGHBORHOOD SCHOOLS. 4. GIVE PARENTS TOTAL CHOICE OF SCHOOL: A. ADDED BUSING AND/OR PARENT TRAFFIC B. CONTINUED OVERCROWDING (DEPENDING UPON THEIR CHOICE). S. HIGH SCHOOL - PARKING WILL BE A REAL PROBLEM. A. PARK IN THE NEARBY PARK AREA - NOT ACCEPTABLE. B . NEIGHBORS HAVE ALREADY COMPLAINED ABOUT THE STREET PARKING BEFORE OVERCROWDING. C. WHERE DO YOU SUGGEST? 0. TRAFFIC WILL BE INCREASED WITH THE ADDED STUDENT DRIVERS (LARGE NUMBERS OF HIGH SCHOOL. STUDENTS DRIVE THEMSELVES TO SCHOOL AND HOME AS WELL AS OFF CAMPUS FOR LUNCH). 6. WILL INTERMEDIATE STUDENTS (GRADES 6.7.6) BE CROWDED IN AT DWYER OR BUSED TO SOWERS? THIS GROUP OF STUDENTS IS NOT MENTIONED IN THE EIR THAT I CAN FIND. WHAT IS SOWERS CAPACITY? WILL YOU REDISTRICT? THAT SEEMS THE MOST VIABLE ANSWER. DISTRICTS WILL WELCOME THE INCREASED ENROLLMENT BECAUSE IT WILL MEAN INCREASED ALLOCATIONS FOR MUCH NEEDED MONEY - BUT IT WILL NOT BE A POPULAR MOVE WITH EXISTING STUDENTS. IN EVERY CASE WHERE EXISTING STUDENTS, PROPERTY OWNERS, RESIDENTS , BUSINESSES,ETC . ARE IMPACTED THEY ARE THE ONES TO SUFFER. WHAT WILL YOU DO TO ALLEVIATE THE PROJECTED OVERCROWDING WHILE PROTECTING THE LIVES OF CURRENT STUDENTS? - I DON'T SEE THIS ADDRESSED. THANK YOU , f 1�c va4,14 /0AA-01 ng NO A VANDER MOLEN AS SUBMITTED TO HUNTINGTON BEACH TOMORROW - FOR PIE PRINTING. RECOVED BY JO CHRISTIAN-CRAIG HBT SECRETARY .. SEP 0 7 1989 DEPARTMENT OF COMMUNITY DEVELOPMENT ` PLA1041W,OWWON r HOLLY-SEACLIFF EIR DRAFT QUESTIONS: 1 . REFERENCE 4:11:14 - WHAT PROTECTIVE MEASURES ARE GOING TO BE TAKEN TO OVERSEE ARCHEOLOGICAL TREASURES ATOP EDWARDS HILL? WILL THIS NATIVE AMERICAN OBSERVER BE PRESENT DURING ALL DIGGING. 2. REFERENCE: 4:16%12 - WHAT ARE YOU GOING TO DO WITH THE 1217 NEW STUDENTS WITHOUT DISRUPTING THE LIVES OF PRESENT STUDENTS AND MINIMIZING PARKING, TRAFFIC, AIR POLLUTION? WHAT PROVISIONS ARE TO BE MADE FOR GRADES 6,7,8? i 3. REFERENCE: 4:5:10 - WHAT PROVISIONS ARE BEING MADE TO PROVIDE FOR VERY AFFORDABLE HOUSING? DENSITY BONUS IS REFERENCED, AS USUAL, BUT WITH NO ANSWER WITHIN THIS VERY LARGE DEVELOPMENT AREA. THE ANSWER APPEARS TO BE - LOOK TO OTHER AREAS FOR AFFORDABLE HOUSING. WHERE? 4. REFERENCE: 4:1:21 - WITH THE REQUESTED DELETION OF 142 ACRES OF VARIOUS BUSINESS/INDUSTRIAL USES WHAT PROVISIONS WILL BE MADE FOR LOCAL JOB OPPORTUNITIES IN ORDER TO MAKE A COMMUNITY OF THIS SIZE MORE SELF-SUPPORTIVE? IF NONE OF THIS WERE TO REMAIN IN THIS AREA, THEN WHERE IS. THE BUSINESS/INDUSTRIAL USE TO BE LOCATED? SIMILARLY, IF LACK OF FREEWAY ACESS, IN THE OPINION OF STAFF MAKES HUNTINGTON BEACH j AN UNDESIRABLE LOCATION FOR INDUSTRY, INVERSELY, LACK OF FREWAY ACESS AND LACK OF LOCAL JOB OPPORTUNTIES WOULD SEEM TO MAKE IT UNDESIRABLE TO LOCATE HOUSING WITHOUT FREEWAY ACESS TO OTHER JOB OPPORTUNITIES . S. REFERENCE: LAND USE MAP: WHY NOT PLACE COMMERCIAL AREA ON SW CORNER OF GOLDENWEST AT GARFIELD - A MORE COMMERCIALLY VIABLE CORNER THAN EDWARDS? 6. REFERENCE: 4: 1:21: WHY CONVERT MARGINAL INDUSTRIAL LAND TO RESIDENTIAL TO INCREASE LAND VALUE FOR H8 CO. AT THE LOSS OF NEEDED INDUSTRIAL FOR THE GOOD OF THE CITY OF HS? 7 . REFERENCE: 4:5:6 & 4:5:6: WHAT IS THE REAL NET INCREASE OR DECREASE IN RESIOENTIAL #'S? ' 4 IS ALREADY SET IN MASTER PLAN AS LISTED ON EIR SHOWING DECREASE NOT A CHANGE TO LOWER DENSITY BY HB CO. OTHER PREVIOUSLY - INDUSTRIAL AREA IS GOING TO HIGHER RESIDENTIAL DENSITY. IS THIS NOT IN ACTUALITY INCREASING THE OVERALL PROJECT DENSITY? e: WHERE ARE THE REFERENCED EQUESTRIAN TRAILS? CANNOT LOCATE ON THE POOR QUALITY REPRODUCTION OF THE LEGENDS - OR IS IT BECAUSE IT IS ON THE CLIFF? 9. IS FULL CREDIT GIVEN FOR THE SLOPED HILLSIDE LAND IN LINEAR PARK? THE QUIMBYACT DOES NOT ALLOW FULL CREDIT FOR t SLOPES. IS THIS LAND USE THEN CONSISTENT WITH THE GUIMBY ACT? 10. REFERENCE: 4:1:19: DISPLACEMENT OF CURRENT INDUSTRIAL OWNERS? IS THIS ANOTHER WAY OF SAYING EMINENT DOMAIN? DOES THIS MEAN EMINENT DOMAIN IS STILL 70 BE USED IN HB? 11 . HAS THE IMPACT OF THE IMMEDIATELY NEARBY BOLSA CHICA DEVELOPMENT BEEN CONSIDERED WHEN ALL ASPECTS OF THIS EIR IS ADDRESSED? THIS IS NOT AN ISOLATED PROJECT BUT ONE PROJECT AMONG MANY OTHERS WITHIN OUR CITY. LET US NOT AGAIN MAKE THE MISTAKE OF PIECEMEAL IMPACT STUDIES! ! RESPECTFULLY SUBMITTED, HUNTINGTON BEACH TOMORROW BY HBT BOARD OF DIRECTORS LORETTA WOLFE, PRESIDENT l RECEIVED. SEP o 7 1989' CEPARTMENT QF aommuNtTY DLVEIAPImm P�ANNINB OIWSI4N August 28, 1989 John Fisher/Debbie Cook 6692 Shetland Circle Huntington Beach,CA 92648 RECEIVED AUG 3 0 1989 Mike Adams DEPART DEVELOpM MENT U� City of Huntington Beach C "NNING DIVISIONENT 2000 Main Street Huntington Beach,CA 92648 The following questions are addressed to the Holly-Seacliff E.LR I. Land Use 1. Open Space/Park land north of Ellis is under review as a result of Council direction. The EIR leads one to believe no plannin has been done at all. The E.I.R should state precisely what the Council has directed Community Services to investigate and the status of all action as of end of August 1989. As part of the'Motel deal"on P.C.H.,the Driftwood trailer park residents were given pmanses by the City. Any limitations that exist on the land north of Ellis should be stated as part of die certification process. Written response addressing land use for the area north of Ellis will be incomplete if that response only states that the actual use will be detttmined by later hearing. Because plans have already been selected by Community Services and previous agreements made by Council,it is prejudicial to omit the exact status of this specific community asset. 2. E.I.R.does not address the dollar roquirzments nooessary to fund the parks planned in the entire plan. If developer fees must be increased to develop these parks,that amount should be part of the E.I.R. Council must have more facts on financing of the needed parks. 3. Possible oil well consolidation sites must be identified. Any future consolidation must be limited to those sites. Future well consolidation locations must be deleted from open space consideration. 4. Consolidation of encyclopedia lots will cost dollars. Rather than simply stating that some method of consolidation be passed by the Council,it is important that dollar values be determined on a site-by-site basis so that Council understands the dollars involved with consolidation. We can't ask Council to approve a blank check. . 5. Linter Park extends beyond the Holly-Seacliff confines. Since that portion outside the boundaries will be affcctcd by the plan,it makes sense to include any conceptual boundary in the E.LR. Expand the Holly-Seacliff area to include all of Linear Park. 6. Equestrian trails(as part of open space)need to be shown south of the Garfield/cross- gap connector into extended Linear Park boundaries. Trail crossings need to be shown to provide a more complete picture of the recreational opportunities of all open space areas. " 1 NV State of California limitations of equine trails in wetlands must be expressed and acknowledged so planning will not preclude any options. 7. A dollar estimate or acreage estimate for the amount of total private land that will be surrendered in connection with equestrian trails,/areas would quantify the amount of open space some homeowners will be paying for yet donating(through easements to the city) for open spaces. Please state approximate acreage as part of B.I.R. 8. Existing wetlands arc not identified and need to be. .Mitigation measures to preserve and enhance those areas need identification. 9. The affect of fertilizers that will run off into the Central Park lake systems needs addressing and mitigation me ures identified. Runoff from rain and lawn sprinklers has proven very significant in the Ellis-Goldenwest area. 11. Commercial/Industrial areas 1. No commercial development on Edwards Street extends south of the Edinger intersection. The location of 7 acres at the southern end of Edwards is incompatible with existing slid future homeowners. What criteria is used to even consider a commercial area at that specific intersection. ' 2. Ras"shotgun" zoning designated as"multiple use cotmmercial" been approved elsewhere in the city? The consultants have suggested that food stores,fght clubs, movie theaters might or could be placed in that location. It sums the existing center could be remodeled and expanded to remove all comet cial development from Garfield west of Goldenwest. 3. Tiic plan does not indicate the creation of equine stables as an alternative in any non- commercial zone. Under what giiidelines will new stables be approved and in what arcas7 4. 'i'lic Edison sub-station on some maps is shown as residential. Wouldn't a commercial or industrial indication be more accurate. Under what criteria would the sub-station be allowed to move?or forced to move? If the location is permanent,the zoning should reflect that reality. 5. Are any land aces in Holly-Seacliff owned by the City. If so,are any proposed as commercial or industrial? A complete ownership map as of f/1/89 would be very important to Council. 6. Existing oil wells in trolly-Seacliff are numerous. Approval of this plan does not force these wells (or the tank farms)out of the area,do they? Ili. Residential Uses 1. In Ellis-Goldenwest most streets are private. In Holly-Seacliff will the same requirements for private struts be required? Please identify those areas. 2. State the procedure for school site selection,review,and approvals. Do any steps for school sites need approval by any City Department or are they outside the Holly-Seacliff area of authority. ]lease state contacts for school site information if this subject is not subject to review by this E.I.R. 2 3. By Iocating massive densities on Goldenwest and Garfield's southwest corner, the location of commercial development at Edwards and Garfield will create a traffic tress. Six lanes of an extremely busy street will need to be crossed. At any half-mile section of street in H.B.does a similar traffic situation exist--and what do police reports suggest as the accident rate at such a seemingly hazardous section of road. 4. Does Seapointe connect through to P.C.H.? Has that additional traffic been factored —( into residential streets? _I 5. Water supply has been a concern of Fire Department officials. Is the use of fire- retardant shingles been recommended for all residential units in the Plan? All structures over 5,000 square feet require sprinkler systems. Some communities are requiring sprinklers in apartment buildings and high density dwelling units. Will the plan make any such recommendations in connection with waver pressure problems? 6. Comparison of residential units is made to existing General Plan zoning.Ellis- Goldenwest has been passed by Council. How many residential units does the Plan represent with Ellis-Goldenwest in place? 1V. Traffic 1. Recent serious accidents involving bicycles in the Ellis-Goldenwest area indicate a need —1 for bike lanes off the street. School busing is not provided for students past grade 5 in some areas and grade 8 in others. It makes sense to provide safe and sane routes for students to travel along high speed and heavily trafficked roads. 2. How will additional student parking at the Huntington Beach High School impact the Civic Center'am& Increased populations will also affect the already inadequate parking at the shopping center on Sundays. 3. The proposed school site in the Ellis-Goldenwest quartersection is incompatible with the equestrian theme. School traffic will restrict equestrians along the Garfield trails and all trails within the area from students walking to school. Most streets in the quaitersection are private and parking is not permitted on these private streets. How will overflow from parent meetings,soccer matches,etc.affect homeowners and liability. Existing homeowners in the quartersection arc planning on a gate at Ellis and Quarterhorse,how i would this affect school site location? What criteria is used to decide on location and need for school site? —i 4. Was the traffic model based on Seapointe alone connecting to Pacific Coast Highway or was the model based on all three connectors--Seapointe,Garfield,and Cross-gap. What if any one of these is not completed? --� 5. Has the effect of gating private streets in the Ellis-Goldenwest quarts section been incorporated in the traffic models? 6. Where does Ellis go that will carry so much traffic to be designated a primary 4-lane divided arterial? 7. Why is Edwards a secondary and Ellis a primary street? 3 V. Water Use 1. Water use for the proposed 105 acre golf course if comparable to other area courses will require 300 acre feet o water per year. How will this impact water planning and estimated water useage? Will any proposed golf course have to submit a separate E.I.R 2. Are any City or privately owned water wells located in the Holly-Seacliff boundaries and what steps are necessary to preserve water quality? Do any of those locations interfere with any proposed development? 3. Is the future reservoir hill location within the boundaries of the Plan? If so please indicate on maps and acreage required for the site. Our final questions is who is paying for this E.I.R.,the City or developer interests? Sincere , n Fisher Debbie Cook 4 Jerry J. Galich 9 - BethStreet !V ED Huntington Beach, CA 92648 RECE- August (714) 960-3978 21, 1989 At IG 51989 Mr. Hal Simmons, Project Manager pEPARTMENT O: Holly Seacliff Project COMMUNITY OEVELOPMENY PLANNING UIV1S10N Dear Hal: I am the property owner of the developed property at the northwest corner of Garfield and Crystal Streets and have attended all of the workshop meetings an the Holly Seacliff Project. I am happy to now something finally happening . in this part of our city. I have owned the property at this address since 1971 but couldn't build on it until 1979 because of the planning moratorium in the area. In 1979 the Planning Commission and the City Council approved PRECISE PLAN OF, STREET ALIGNMENT NO. 79-1 (attached). Based on thin plan I decided to formulate construction plans. My main concern at this time is the alignment of Crystal Street with Gothard. An you will note in 79-1 the dedication for street widening was to be from the . east .side only and justifiably no because of the lands gained on the east aide due to the abandon- ment of the existing Gothard Street. I hope you will also consider at this time the need to create some type of a buffer zone between the planned residential units and the existing businesses in the Business Park zone. Something very special is needed to reconcile the planned high quality residential units with the business park. I hope you vial support the premise of 79-1 regarding the street widening dedication and place further conditions on this project relative to the establishment of an environmentally attractive buffer zone. I have talked with all of the property owners on the west aide of Crystal Street (five owners) and their concerns are the same as mine. We don't object to the medium density requested by the Huntington Beach Co. on the a*st side but...:Ve .do unanimously agree that the dedication and buffer zone should come from the newly developed east side. Thank you for your consideration. Yours truly, . err J. Galich copies: Roger Work, Huntington Beach Co. huntington bead,*oning departanent staff � q T0: Planning Commission FROM: Planning Department DATE: March 20, 1979 SUBJECT: PRECISE PLAN OF STREET ALIGNMENT NO. 79-1 1.0 SUGGESTED ACTION: Adopt Resolution No. 1245 recommending to the City Council approval of Precise Plan of Street Alignment No. 79-1. 2.0 BACKGROUND INFORMATION: The Planning Commission reviewed the proposed realignment of Gothard Street between Ellis and Garfield Avenues at a number of study sessions in 1977 and at a subsequent public hearing on May 3, 1977. This realignment was studied as a portion of Precise Plan of Street Alignment 76-6 which proposed a number Of precise plans to alleviate some of the circulation problems in- the vicinity of the Civic Center. However, at the May 3, 1977 meeting the staff recommended that PPSA 76-6C, that portion of the precise plan which addressed the realignment of Gothard between Ellis and Garfield , be continued to be reviewed in conjunction with a possible change on the intersection at the southerly portion of the realignment. where it was to intersect Main Street, to allowladditional informa- tion to be generated. -- -.---- _ The precise plan had been delayed in the 'hope ihat* the Traffic Model could be used on the intersection design of- Crystal and Main Streets and the total alignment on Gothard taken into consideration. However, the Department of Public Works has recently informed us that loss of funding for the project is imminent and unless some- thing happens prior to July 1, 1979, they will be required to refile on this project. 3.0 ANALYSIS: As stated previously the staff had originally.proposed that the tote . alignment between Ellis and Yorktown Avenues be. considered as one precise plan of street alignment. However, if the- City Council at its March 19, 1979 meeting concurs with the Commission's recomendat' n for the deletion of the Lake Street extension between Yorktown and Garfield and the redesignation of Main Street between Clay and Garfield Avenues on the Circulation Element, a possible redesign rin; the intersection of Crystal and Main will be necessary. Because of the urgency in getting the portion between -Garfield and Ellis precise planned, the staff has elected to again pursue only •FROM:DDIST 12 PLANNING TO:95364693 SEP 14 19M 1:49PM P.02 STATE• UUF01tNIA-4=WSS AND T1tANS/0R1At*N AOINCY GEORGE 94UKMIJIAR Qow wor DEP• RTMENT OF TRANSPORTATION DI9TRIOT 18 ?G01 PULLMAN STREET SANTA ANA, CA 92705 September 14, 1989 - Mr. Hal Simmons Planning Department 2000 Main street Huntington Beach, Ca 92648 Pilot IGR/CEQA DRIR for Holly-Seacliff General Plan Amendment BCH# 8901012 Dear Mr. Simmonst Caltrans has reviewed the DEIR for the Holly-Seacliff General Plan Amendment, Volumes 1 and 2. The subject area covers 768 acres of undeveloped land and is located in the central portion of the city bounded by Central Park/Ellis Avenue on the north, auntington and Main Streets on the east, Yorktown amd Clay Avenues on the south and the Orange County boundary ling along the Bolsa Chica wetlands area to, the west. The proposed land uses include residential, with densities ranging from three to twenty five units per acre, Comparcial, industrial uses and open space designated across five planning areas in the projeot •area. Caltrans will *be a responsible agency at various times over the development phase of this area. Evaluation Of the traffic and circulation impacts generated from the development of this area suggests that certain road improvements effecting State facilities will be necessary. We agree with the mitigation measures in the DEIR which require certain types of improvementa,i.e. , fair shake fees for new roads, road widening and increased turning lanes at certain Coast Highway and Beach Boulevard intersections. The costs of these improvements should be the responsibility of others and not the State. Also, we agree with the general plan policies that the railroad ROW should be retained and considered for trail or future transit use and the alignment and preservation of ROW for new arterials consistent with the countyls and city's Master Plan of Arterial Highways be part of the future planning. The section on traffic/ciroulation is comprehensive, providing an indepth analysis of the impstcts on the local and regional arterials that are adjacent to or associated with the proposed land uses. However, we feel the DEYR should mention Caltrans Route Concept Reports for Coast Highway (Rte 1) and Beach Boulevard (Rte 39) . - ..iyyy1cw.a. fROM:DDIST 12 PLAWIlea T0=953S4693 SEP 14t 19M 11SOPM t Page 2 The routo concept reports express the Department's judgement an what the characteristics of these routes should be to respond to the projected travel demand over the 20 year planning period. They contain the goals for the development of the routes in tests of level of service and broadly identify the nature and extent of improvements needed to reach these goals. The 20 year concept for Rte 1 is six lanes and for Rte 39 is eight lanes# in addition, the traffic report area should be increased to include the following intersections: Coast Highway at Warner, Beach Boulevard at Talbert, Yorktown and Coast Highway. In conclusion, we suggest a couple of minor revisions to the text of the DEIR. On page 3.0--16 Vol 1, change Caltrans District 7 to District 121 and in Vol 21 there is conflicting information concerning the intersections of Coast Highway and Goldenwest and at Beach Boulevard and Garfield between the reCaasmnded improvements on page 46 and Table M. We appreciate the opportunity to comment on this DEIR and wish to continue coordination throughout the planning of the Cit 8e General Plan Amendment. Should you have any questions regarding these comments, please Contact Robert F. Joseph of my staff at (714) 724-2235. Sincerely, •• a a Xichalak', Chief AQvance Planning Branch SMIRFJI CCi Robert Litton, Traffic Operations Dorothy Uvyehara, Transportation Planning George smith, HQTR8 Planning Garrett Ashley, OPR State Clearinghouse w J GERALD L. CHAPMAN, D.O.S. �.� 4 I V ED, A Professional Corporation Medical Center Professional Building �Fp1 > 1989 19800 Main Street Suite 202 Huntington Beach, CA 92848 t)tpAHTMENr u; 714 648-2278 COMMUNITY gE4U0''MEkT PLANNING DIVISION September 8, 1989 Uepartment of Community Affairs City of Huntington Beach 2000 Main Street Huntington Beach, CA 92646 Re: Holly-Seaclitf Dratt Environmental impact Report User Sirs: The Huntington Beach Company is proposing the removal of Office-Professional zoning on 16 acres near Main and Garfield streets. With final buildout of the Holly-Seacliff area, there will be an increased need for health Care services in the area. The present Office-Protessional zoning is the only open space left in the city that can economically support the strict parking requirements for health care facilities. the preferred location for health care professionals is near a hospital . Pacifica Hospital is located in the present Office-Professional zoning. The draft E1R states that the Corner of Beach and Warner would be an ideal location for office-protess :onai buildings. I could not disagree more. Office-Professional zoning will make an ideal buffer between Main Street and the proposed residential zoning, will be located near a hospital and will be an the border of the proposed residential area. I would like to know where - you propose to put the increased need for health care facilities if the Office-Professional zoning is eliminated? Sincerely, 000, Gerald L. Chapman, D`.D.S. STATE OP`CA"P9A--OFAC1 Of THE OOMNOA CaOm 0euWaRAN, 09"row OFFICE OF PLANNING AND RESEARCH 14W TENTH 3TRW RUM MN BEKM SACRAMENTO, CA 95614 IMIAPMENT SERVICES SO 111989 Hal Simmons September 8, 1.989 City of Huntington Beach 1�.0. MX 1so 2000 Main Street HWtiltt"Mad%CA 82845 Huntington Beach, CA 92648 Subject: Holly-Seacliff General Plan Amendment/ SCH# 89010412 Dear Mr. Simmons: The State Clearinghouse submitted the above named draft Environmental Impact Report (EIR) to selected state agencies for review. The review period is closed and the comments of the individual agency(ies) is(are)' enclosed. Also, on the enclosed Notice of Completion, the Clearinghouse has checked which agencies have commented. Please review the Notice of Completion to ensure that your comment package is complete. * If the package is not in order, please notify the State Clearinghouse im ediatsly. Remember to refer to the project's eight-digit State Clearinghouse number so that we may reply promptly. Please note that Section 21104 of the California Public Resources Code requires that: "a responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency." 'Commenting agencies are also required by this section to support their c omrients with specific documatation. . These ccamaents are forwarded for your use in preparing' your final EIR. If you need more information or clarification, we recommend that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact Garrett Ashley at 916/445-0613 if you have any questions regarding the environmental review process. Sincerely, David C. Nunenkamp Chief Office of Permit assistance cc: Resources Agency • MW to, ~A Qom.U"!w Shre@%ram Ul.MMMU0M a-ruu—OLV445-013 M,wm Mlwr atioa or aoaaws,an exon r wMeem,aa L_ 890104 t 2 1 , • t. "*Wt awe Noll -Seacliff Cenral Plan A n o" �. W#,Nos a. on"et w,w• Rai Sis000a�� 2000 win Street - y..w &mph bu~ ��"� (714) S36-S46S >•,efrMll Oiahle._ � �.�- e�RLp iR New, Draw 4. =�" y,dle/ee�aed Nuntinacon leech ANINZANONOM�.arneu'e PKw s, - -..�� • w e...owlEllis/Ldvards. ltl: Sliis/tluntie8tonw �..,� MIA — Sts�rktoun/win awe Southern ter. a. e1,Ma a " `ago w Ie� heliport -a,e„e Pacific N A 4410 INA �....: a.__J= el._Jm�sx ee. esy� awe��—i•�+.. i et.fir•oar w...r.J o� es.�IwMiM aue a,m,a•� MM.. --pMhe am d.X�AY�tl� ag.g% 337_59f1_ el.ARers on a• tall �---- ea_Awwo 3e2e ewe—bieftsialb al.P. a. sews.■s..4_ 8Sa ea--JI11w,adr•+a 0.Aimee momfidem,- _automobile - soft e/.. Ya�1 MMsi Ail/•es — so.-.■Jos ....Jea �. ahssln scent electric...■1rw 25:768,4 Ia.�Js� 33.�� M►lia,sal.eee.l ee-.9YY.Jww1+ '4w------�,�. i ds U.��ramie a.-LA MM eNemme, '� sever o+. . ...dleees e.e..,e U.—aswe a}t use 39._woe iambs . U.�yd memo 336 end as sewew■ .a.'?� ---- Cave� 2,0631 iM�� RA yi,M,- M 96■ 4070 - a.. Lsm"Naoft"a a. U. Lasew aver~ el. -Pow squor es.Jod"W"Gerd 1 se. - •37.--4011d - a..Linaww w..Zrs w.ur aa.. Mae•Y.sdwiw >�_r,et on" U.2,mw it Jos X a mmu ».1L Jrsu cave. sf.�L�m a selsUss IL .-SWFAL ems 3s.Y.JMee � 21:.i�+Nwe4,s, s'•�UM+e ar._fin smwe se.JLJMM+s - la. �logo"0110"a area• Gee t• 34. Estate Residential, Medium Dessicy, Planned Comsa,ity, Coma], Comworeia Office Profeesiaaal. Caneral ladustrial, Keeoorce Production, Open Space (as indicated in Oe Draft Elk)• As indicated in the Draft SIR, the proposed land uses include residential of.varyine prodect typos at dehsities reninS from three to twenty. . uuiti'Mr acre, Ceeae 14L sod laduatrial uses and open epsce. Resldential land uses Include Estate, Lou Daneity, Medium Density, Mediue-HiSh Dessity and Nixed Devalcpeent. The project proposes ' 561 acres of sesidentlai and 4,410 dxallina units. QaARtI OMAM CAMWff A$IM W/C N/C M/C B/C 111d-�S-0elE rew. _✓• iRtgQfS STAT& RMLM 8[ M: �dtltr„naM� •Cw,socvaLton Heft a Gem _ Ueff It811 TO AGEWV: — .l 43ENUN REV TO XX: /atr 901 C1 UPLIAN= �UN_10714 1VC - _ eig'e ai krm Qn/�APO. Ell DAte: p i ��1, x -- —- i AM H-J > Environmental Board `� CITY OF HUNTINGTON BEACH IWW�tli Pasl Office Box 190 . Huntington Beadi, California 9?648 September 8, 1989 Mr. Hai Simmons Department of Community Development P. 0. Box 190 Huntington Beach, California 92648 Subject : Response to DEIR No. 89-1 Holly-Seacliff General Amendment The subcommittee composed of five members our Environmental Board has completed the review of the subject report (Volumes I and II , plus the condensed version dated August 1989) . The committee's review and recommendations are detailed in the following seven page report. It is our Judgement that their will be a severe environmental impact both short and long term that has not adequately answered in the subject report . Many of the ' mitigation measures stated are inadequate, unclear or omitted entirely. Those environmental impacts requiring a more satisfactory or better defined mitigation response are Indicated In the Board's report . We recommend strongly that a more comprehensive study be given to the short and long term effects of this project and that our concerns be answered satisfactorily before approval Is considered. Roy H. Richardson Environmental Board DEIR 89-1 Committee Charles A. Montero Kay Seraphine E. Clarke Stephans Roy H. Richardson Corinne Welch Page 1 of 8 The- following lists the Environmental Board's concerns regarding the DER Environmental Check list, Attachment 4, pages 1 - ?; Volume 2 of the General Plan Amendment . In general , It is the opinion that an acceptable response to any environmental question should be answered 'Yea" or BNo" . The response of "Maybe" indicates a lack of judgement. 1 . Earth. Will the proposal result In: e. Any Increase in wind or water erosion of soils, either on or off the site? YES The development will cause water/soil erosion along bluffs and in the Sully-Miller lake runoff areas. Areas where swells are filled will alter run off courses causing further soil erosion. g. Exposure of people or property to geological hazards such as earthquakes, landslides, mud slides, ground fallure, or similar hazards? - YES. Page 4.3-9, Volume I states that there is an active fault along southern portion of project and this should not be overlooked. 2 Air. Will the proposal result in: a. Substantlal air emissions or deterioration of amb-lent air quality? - YES Air quality will deteriorate due to Increased vehicle trips per day resulting solely from this project. The pollutants will rise approximately 1% as compared to the total County. To determine that there Is a ' lack of an adverse effect' by measuring Impacts ratios at the county levels rather then the City level would obviously avoid such issues that may be considered individually acceptable but are in fact collectively harmful . Overall air quality should take into consideration increased S.C. Edison emissions caused by the Increased demands due housing and commercial Increases. The use of alternate transportation modes - public transportation should be increased. We are not concerned about the entire county of Orange, but definitely the immediate area effected by the project which Includes Huntington Beach. b. The creation of objectionable odors. - YES. Oil wells will emit odors and the consolidation of oil wells should be done prior to the beginning of construction. The need for vapor recovery systems should be investigated and determined at that time. 3. Water, will the proposal result in: b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? - YES. The absorption rates are affected by the adding of paved roads, sidewalks, houses, and Industry buildings. Drainage patterns are affected the same way as will the amount of surface water due to landscaping by the home owner, commercial building occupants and the open space maintenanee(parks). Page 2 of 8 e. Discharge into surface water, or in any alterations of surface water quality Including but limited to temperature, dissolved oxygen or turbidity? YES The use of fertilizers and Insect sprays, etc., by the homeowners percolating Into more confined soli areas. This to a particular concern for project homes built along the bluffs as well as the landscaping areas along the linear park. There will also be an Increase in street runoffs of oils, diesel fuels and other automotive fluids resulting from Increased vehicular traffic using the new streets added by the project streets added. h. Substantial reduction In the amount of water otherwise available for public water supplies? YES. The addition of 4410 residences, plus light Industrial and commercial buildings will definitely require water withdrawals. There is currently Insufficient water supply to compensate for the additional usage anticipated for this project.. Adequate water supplies should.be secured before the project commences. 4. Plant life. will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants? YES. The potential toss of the eucalyptus windrows, raptor sites, etc. The proposed plan acknowledges the removal of a substantial amount of mature trees with only marginal replacements 6. Noise. Will the proposal result in: a. Increases In existing noise levels? Yes Light Industrial projects are Included near a helicopter port and a public firing range. Light Industrial areas will Increase flow truck traffic In Immediate area. The noise is mitigated by walls (sound barriers) and set backs In the residential areas. The walls must be taller than line of sight to be effective. The noise caused by the heliport cannot be adequately mitigated. Some noise relief measures should be added by the builders' use of double pane windows, six Inch block walls and adequate use of large trees and shrubs both residential and commercial landscaping. Consolidation of the oil well pumps should lower noise levels once consolidation is complete, but noise mitigation measures to be incorporated should be listed as to how they will be done, what type soundproofing will be Incorporated and who wiII assume the responsibility. It should be determined whether or not truck traffic servicing an oil consolidation project and/or oil well drilling In the consolidation areas will be on a 24 hour basis or limited to 7AM - IOPM. If a 24 hour schedule is set the mitigation measures should be determined prior to project approval . Oil well consolidation sites must be Identified early and potential residential buyers should be forewarned of the possible noise/traffic impacts. The noise from the public shooting range will most probably be drowned out by the Increased traffic flows In the ssirroundIng areas and no Ionger be noticed. Page 3of8 b, Exposure of people to severe noise levels? No. 'No" is acceptable if the Industrial complexes are finished and occupied before surrounding residential areas are started. If the reverse is scheduled, then the response should be "Yes' . 7. Light and Glare. Will the proposal produce new light or glare? YES The Industrial complexes and surrounding residential areas both will add light and glare to the surrounding community. 10. Risk of Upset. Will the proposal Involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil , pesticides, chemical or radiation) in the event of an accident or upset conditions? YES Areas of the project site were used for oil waste dump sites In the early 1920's and 301s. When first drilled, Bolsa Chica ill and other early oil wells were allowed to spill olI onto the land before being capped. Soli samples should be taken to determine if the soil contamination has leached out over the years. The Holly property was a cattle feed lot at on time; further north was an Alpha Beta packing company. Both properties were used for cattle grazing. Considering the problems with crumbling foundations which occurred under similar circumstances in the city of La Palma, soll studies should be required prior to building. There is the definite possibility that underground methane gas exists with the area that could be disturbed during excavation and/or Increase 'slant drilling during relocation of selected oil well sites* 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? YES The residential area project does not allow for any affordable housing projects. No mitigation measures are included In the proposal . 13. Transportation/Circulation. Will the proposal result ins a. Generation of substantial additional vehicular movement? YES. The estimated 65000 vehicular trips per day should not be considered "insignificant'! D. Effects on existing parking facilities, or the demand for new parking? YES Due to the Increase In light Industrial build-up and the increase of an estimated 8000 cars belonging to new residents within the city limits. the existing parking facilities which are Immediate to the proposed project and include the Central Park and recreational area and Central Library, become totally Inadequate c. Substantial impact upon existing transportation system? YES. Four Intersections will operate below the City required level of Service D regardless of which alternative Is chosen. The matrix below Is a comparison of Tables I. K, and mitigation recommendations on Page 46 for the Land Use Concept Plan: page 4 of 8 S f r__________________I-------------------I__--------___-_____I I Goldenwest/Palm 1 Goldenwest/PCH I t I I AM PM 1 AM PM I I ( I I I Table 1 t .86 1.02 1 1.40 1.33 1 I Existing + LUCP I D F I F F i I 1 I f I Table K 1 .74 .68 1 1.39 1.31 1 I After widening ofl C D I F F t I Goldenwest I I I t ! I i After mitigation 1 1 .89 .84 1 1 recommended I t D D t 1 measures - p. 46 1 _{ 1 I f t ! I i ! I I Main/Garfield ! 1 t AM PM 1 I 1 I Table 1 ( 1.04 1.43 I Existing + LUCP I F F I I I t 1 t ! I Table K I 1.08 1.69 1 1 After Gothard/ I F F ! I Crustal Alignment! I i i t 1 f I I After mitigation 1 .72 1.06 1 1 recommen. - p.46 I C F t 1 1 � I t I 1 I Beach/Garfield I I I AM PM I t f ! I Table 1 1 .89 1.41 1 t Existing + LUCP I D F t I I 1 t I I Table K 1 .98 1 .42 I 1 Beach Blvd. Superl E F I I Street project I I I I 1 1 t f 1 After mitigation 1 .59 .83 1 1 recommen. - p.46 I A D I ! t I Table F assumes road Improvements described in the project proposal . The widening of Goidenwest street Is planned for the near future. This Holly-Seacliff project will realign Gothard with Crystal and eliminate the five legged intersection at Main and Garfield. The Super Street project Is more of a question mark. It Is obvious that without all of these improvements these four intersections will operate below required city standards of LOS D. As aeon by the charts, even with all the lane Improvements, Beach and Garfield will operate at LOS F during the peak evening hours. There should be an assurance that these street Improvements will be improved before the housing occupancy is allowed. ` The current City Master Plan of Arterial Highways shows Garfield Avenue being constructed as a primary arterial east of Golden West Street. The Draft EIR 89-1 tp.35> states 'Garfield Avenue east of Goldenwest Street is forecast to operate over capacity assuming a primary arterial section.` The Environmental Board recommends that Garfield Avenue be constructed as a major arterial only to Edwards Street and that Seapointe Avenue and the cross-gap connector both be constructed as secondary arterials. We see no advantage to having a primary arterial running along the boundary of the linear park. Constructing these streets as secondary arterial would be less damaging to both the linear park and the Bolea Chica Wetlands. Circulation Element 83-1 which realigned Gothard with Crystal Street recognizes that this makes a direct link with 17th Street. Since this project will cause that realignment to become a reality, 17th Street should be Included In the traffic and circulation analysis. Residential areas of 17th and Bain Streets south of Utica need to be protected, particularly from truck traffic looking for an alternate route to PCH. Circulation Element 83-1 states that if 'Gothard-Crystal is precisely planned to connect to Main Street at Clay Avenue, then Clay Avenue should probably be abandoned between Gothard-Crystal and Goldenwest Streets." Draft EIR 89-1 assumes that Clay will be available to handle partial access that has been limited along Garfield Avenue and the maps show It as existing westward to Goldenwest Street. This portion of Clay should be reopened. Figures i.b.8,10,11 and 13 through 17 show Talbert Avenue as existing through Central Park between Goldenwest Street and Edwards. These figures should be corrected or removed from the DEIR. Palm Avenue as a major arterial on either side of Goldenwest Street should be removed from figures 1.6,8. and 13 through 17. All maps should be corrected to show the approved Gothard-Crystal alignment of Figure 10. The Traffic study should also indicate how Edwards Avenue north of Ellis will be designed to connect with the proposed four lane secondary south of Ellis and the existing four lane highway north of Talbert/Inlet Drive. f . Increase in traffic hazards to motor vehicles, bicyclists or pedestrians. YES. There is the projection of an additional 8000 cars generating an additional circulation of 66000 daily trips on already crowded local streets. The widening of streets from 4 to six lanes or from 2 to 4 lanes which is necessitated by this Increased traffic flow Increases the potential for traffic hazards, particularly for bicyclists. Special Bicycle lanes should be separated from any major arterial streets by a "divider strip` - not Just a 'painted white line'. 14. Public Services. Will the proposal have an effect upon or result In a need for new or altered governmental services In any of the following areas: c. Schools? YES There is a new school addition planned within the project. d. Parks or other recreational facilities? YES. The city ordinance requires a specified amount of open space and park acreage dedicated within the proposed project. It can not be determined from the Draft LIR 39-1 that the city requirement will actually be met. It is recommended that the open space and park requirements required by the city be reviewed in depth to determine if such open space can actually be used by the general public (not the side of a cliff! private [gated) property, or equestrian trails, etc.). The Linear Park should be left as wild as possible to provide a natural habitat for displaced animal life, and to require as little water maintenance, fertilizer and pesticide use as possible. Areas left unimproved should be replanted with plant species known to support displaced animal. life. i All eucalvotug,and other Captor trees should be left on site,Removal of mature trees and replacement with two 24 inch boxed treeg is not suffletent mitl_cati op for any loss of full argUn mature trees. Any digcretten alyen to the developer to e t yeaCtation. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? The definition of Substantial' needs to be properly defined in order to determine whether the increase of approximately 6% In the city's population, or the addition of 65000 automobile trips per day, is considered •substantial" . b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? The definition of "Substantial* needs proper defining In order to determine whether the Increase of approximately 6% in the city's population, or the addition of 65000 automobile trips per day, is considered "substantial". 16. UtlIItles. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: c. Water? YES d. Sewer or septic tanks? YES e. Storm water drainage? YES f. Solid waste and disposal? YES The minimum city service standards set recommended In the City's Master Plan (June 1988) and reiterated by the City's Ad hoc Committee report of December 1988 should dictate the limits of all future development proposals. Where minimums are projected to go below standard, additional facilities should be Incorporated or existing facilities expanded before new proposals are approved. The City's water Department has stated that inadequate water supplies exist and that any water shortage would be accelerated by this or other large scale housing project. The County Sanitation District Director has stated that "The district cannot service the Holly-Seacliff portion which will draln to Slater Avenue Pump Station until such time as that station is rebuilt" The Board of Directors has adopted a new master plan which calls for the construction of a new pump station at Slater Avenue and other drainage facilities. "These are absolutely necessary to serve the holly-Seacliff General Plan development.' Funds should be obtained and definite plans for the Sanitation District's projects should be in place before this project should be considered. Page 7 of 8 18. Aesthetics. Will the proposal result In the obstruction of any scenic vista or view open to the public. or will the proposal result In the creation of an aesthetically offensive site open to public view. YES. The development of the linear park and the development of the area immediately adjacent to the park require further investigation as does the area adjoining Central Park to insure proper mitigation has been acc amp lished. The dedicating of the smaller required open space and park areas resulting from this project should be considered as a possibility of enlarging the size of the Linear Park by adding the acreage to the linear park boundaries. 19. Recreation. Will the proposal result in an impaction upon the quality or quantity of existing recreational opportunities? YES. The addition of over 10,000 new city residents and the projects proximity will definitely impact crowded parking conditions and the facilities available at the Central Library. The approval of the Phase I of the library requires the use of $3.8 million of existing city assets. The recommended increase of $0.05 to's0.10 per square foot to the current 'Community Enrichment fee would snake available slightly more than $1 ,000,000 for the Library's expansion either toward Phase II or offset part of the cost of Phase I. (This fee Is imposed upon the builder(s) at the time of permit filing and therefore is usually passed on to the new residential and commercial occupants) 21 . Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species. cause a fish or wildlife population to* drop below self sustaining levels. threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? YES. C. Does the project have Impacts which are Individually limited, but cumulatively considerable? YES. This Is the. "tragedy of the commons". d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or Indirectly? YES. The definition of 'Substantial' is again missing. Fewer local Jobs are expected in the amendment then in the original proposal , requiring more driving to *reach work" . Fewer low Income housing Is available, more pollution, more noise, more traffic, more non renewable energy usage, etc. resulting solely from this project. Environmental Board DEIR 89-1 Committee Charles A. Hontero Kay Seraphine E. Clarke Stephens Roy H. Richardson Corinne Welch Page 8 of 8 state of California Environmental Affairs Agency Memorandum To : Mr. Garrett Ashley Date : SEp 131989 State Clearinghouse 1400 Tenth Street, Room 121 Sacramento, California 95814 Mr. Hal Simmons City of Huntington Beach 2000 Main street Huntington Beach, California 92648 ��o <- ... ' CY From • rge H. Larson, Manager R urce . Conservation and Local Planning Divisions CALIFORNIA WASTE MANAGEMENT BOARD Subject : SCH # $9010412 - Negative Declaration for the Holly- Seacliff General P1an, Amendment, Orange County. The Holly-Seacliff project proposes to build 4 ,410 residential units on 561 acres of land, industrial and shopping/commercial development on 65 acres of land in the city of Huntington Beach. New residential and commercial developments increase the amount of waste being sent to' local landfills, and these landfills are rapidly running out of space. In order to preserve remaining disposal capacity, Board staff encourage that every effort be made to minimize the amount of solid waste going to landfills by maximizing recycling and waste reduction efforts. These considerations should be investigated thoroughly before the projects are initiated. Board staff suggest that the following measures be considered in order to maximize recycling, reduce waste, and to promote consumption of recycled materials. * A curbside recycling program could be incorporated into the Holly-Seacliff project. * Information could be provided to homeowners and businesses about the recycling services in the , development area. * : -1;1tilation and other products made of recycled :.3rials may be used in the construction of covalopment structures. * Suggest to homeowners and businesses that they utilize recycled materials, such as paper, glass, and metals, to the maximum extent possible. If you have any questions regarding these comments, please contact Jeannie Blakeslee of the California Waste Management Board's Local Planning Division at (916) 327-0454. If you would like information about waste reduction or recycling measures which would be appropriate for your development.project please contact Carole Brow at (916) 324-6946. .j SECTION 3: RESPONSES TO COMMENTS The following section responds to all comments related to the Draft Environmental Impact Report. Several comments do not address the completeness or adequacy of the EIR or raise significant environmental issues. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act. Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration. 4 CALIFORNIA REGIONAL WATER QUALITY BOARD Comment 1. If soil contamination by hazardous substances associated with oil field and /or other activities is found to exist at the project site, the proponent should contact the Orange County Health Care Agency, Hazardous Waste Section, for assistance in mitigation activities. This office should also be contacted if there are potential water quality impacts. Response The Draft EIR states in section 4.14, Oil Facilities, potential impacts from soil contamination and also addresses mitigation measures to offset these impacts. Additionally, the Draft EIR contains a discussion on potential surface oil contamination on page 4.15-4, within the Human Health and Safety section. The mitigation measures require that "prior to grading, a site reconnaissance should be performed including a phased Environmental Site Assessment to evaluate areas where contamination of the surf icial soils may have taken place." Comment 2. In addition, either a National Pollutant Discharge Elimination System (NPDES) permit for any discharge of wastes to surface water or a Waste Discharge Requirements (WDR) permit for any discharge of wastes to land is required from this Regional Board. These discharges of wastes can be those associated with, but not limited to, construction dewatering, dredging activities, or storm water runoff from industrial areas which store hazardous materials. Response Comment acknowledged. The hydrology section 4.4, mitigation measure no.2 addresses requirements of future discretionary permits. 5 DEPARTMENT OF WATER RESOURCES Comment 1. Your subject document has been reviewed by our Department of Water Resources staff. Recommendations as they relate to water conservation and flood damage prevention are attached. Response Water Conservation: Measure 5 of the mitigation measures for water facilities addresses the first 5 water conservation recommendations as described by the Department of Water Resources. (See letter in Section 2) In order to include the 6th and 7th recommendations, measure 5.d. in the draft EIR Volume I, has been revised to read as follows: 5.d. "Compliance with water conservation provisions of the appropriate plumbing code, Health and Safety Code and the Government Code." To include the next 6 recommendations from the Department of Water Resources for public interior water conservation, measure 16 has been added to the list of mitigation measures as follows: 16. The following Public Interior water conservation measures shall be implemented by developers where applicable: a. Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of pressure-reducing valve. b. Drinking fountains be equipped with self-closing valves. C. Conservation reminders be posted in hotel rooms and rest rooms. Thermostatically controlled mixing valve be installed for bath/shower in hotels. d. Water-conserving models of laundry washers be used. e. Water-conserving models of dishwashers be used and drinking water be served only upon request in restaurants. f. Ultra-low-flush toilets be installed in all new construction. The next 13 recommendations from the Department of Water Resources have already been addressed in measures 4 through 9 of the mitigation measures for Water Facilities. Flood Damage Prevention: Comments 1, 2, 6 and 8 have already been addressed in the EIR for the Holly Seacliff General Plan Amendment. 6 In response to Item 3; the entire Holly-Seacliff project boundary is covered in the Federal Emergency Management Agency Map #065034 0001-0010. The majority of the Holly-Seacliff project lies within Zone C which indicates areas of minimal flooding. A small portion of the west limits of the project lies within Zone B which indicates areas between limits of the 100 year flood and 500 year flood. Adequate flood protection is to be provided as noted in measure 2 of the mitigation measures for Hydrology in the EIR. In response to Items 4, 5 and 7, the following measures have been added to the mitigation measures in the EIR as measures 9, 10 and 11 respectively. 9. At least one route of ingress and egress to development should be available during a 100-year flood. 10. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially, for hillside developments. 11. The potential damage to proposed development by mudflow should be assessed and mitigated as required on each phase of development as it occurs. Comment 2. After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses requiring high quality water supplies. Response As noted in measure 15 of the mitigation measures for Water Facilities, the Water System Master Plan for the City of Huntington Beach describes and details the Orange County Water District's "Green Acres" system reclaimed water. Measure 15 continues to note that at the time the City of Huntington Beach connects to the "Green Acres" system, "project developers shall at that time construct and utilize a reclaimed water system for on-site irrigation areas and equestrian trails." 7 HUNTINGTON BEACH CITY SCHOOL DISTRICT Comment I. The proposed Holly Seacliff General Plan Amendment will have a significant impact on the school district. It may generate approximately 600 K-S students from the proposed new housing. Additional students of middle school age from this project may also impact Dwyer Middle School. Response Comment acknowledged. The General Plan Amendment designates a site for a new elementary school to serve students generated by the residential development. Impacts to Dwyer middle school are not anticipated to require the provision of a middle school. Comment 2. In order to mitigate the impact on K-S students, a ten-acre site and approximately 24 classrooms are needed. As of this date, Huntington Beach City School District is negotiating with the Huntington Beach Company with regard to an elementary school (land and building) in the proposed General Plan Amendment area, with both groups working cooperatively toward a resolution. Response The comment is not related to the adequacy of the EIR. The comment is noted and included in the record for review by the appropriate decision makers. Comment 3. We would appreciate these factors being considered prior to final action being taken. Response Comment acknowledged. 8 NORMA VANDERMOLEN Comment 1. According to the numbers shown in the EIR pertaining to projected school enrollment from the Holly Seacliff area, Perry and Dwyer schools will both be placed over capacity. When a school is at over capacity, a school district has several choices: I. Build a new school (hardly reasonable when the HBCSD has several schools closed in other areas- $$$ factor). 2. Redistrict - redraw the boundary. This will disrupt present students - not at all satisfactory. 3. Bus the new students (Holly-Seacliff new residents ) to other schools that have lower enrollment- this takes away from neighborhood schools. 4. Give parents total choice of school: A. Added busing and/or parent traffic B. Continued overcrowding (depending upon their choice). Response Comment acknowledged. An elementary school site has been designated within the Holly-Seacliff area to accommodate students generated by the new residential development. The school district will determine which of the above options is the most feasible. In addition, all new construction within the district is subject to the payment of impact fees to provide for school facilities. Comment 2. High School-parking will be a real problem. A. Park in the nearby park area -not acceptable. B. Neighbors have already complained about the street parking before overcrowding. C. Where do you suggest? Response The projected enrollment increase in the Union High School District may require the re-drawing of school boundaries to shift enrollment to less crowded campuses. This may alleviate potential parking problems associated with overcapacity. The project will not require a new high school site, but may require upgrading of existing facilities to accommodate additional students. The high school district also collects fees from all new construction to provide for such improvements. Comment 3. Traffic will be increased with the added student drivers (large numbers of high school students drive themselves to school and home as well as off campus for lunch). 9 Response Comment acknowledged. Like other traffic-generating land uses, high schools should encourage ride-sharing. Comment 4. Will intermediate students (Grades 6,7,8) be crowded in at Dwyer or bused to Sowers? This group of students is not mentioned in the EIR that I can find. What is Sowers capacity? Response The addition of intermediate students has been included in the projected school student generation. The project will generate approximately 678 elementary and intermediate students. Sowers is currently operating at capacity, therefore students from Dwyer will not be bused there. To accommodate the intermediate students, Dwyer will require the addition of portable classrooms. Comment 5. Will you redistrict? That seems the most viable answer. Districts will welcome the increased enrollment because it will mean increased allocations for much needed money- but it will not be a popular move with existing students. Response Please refer to response no. 2 . Comment 6. In every case where existing students, property owners, residents, businesses, etc. are impacted they are the ones to suffer. What will you do to alleviate the projected overcrowding while protecting the lives of current students? Response Please refer to response no. 1 and 2. The proposed General Plan Amendment incorporates a development phasing plan, which is intended to provide better coordination between developers and the various public service agencies and special districts. 10 HUNTINGTON BEACH TOMORROW Comment 1. Reference: 4:11:14 - What protective measures are going to be taken to oversee archeological treasures atop Edwards Hill? Will this Native American Observer be present during all digging? Response Archaeological resources within the Holly Seacliff area are addressed in Section 4.11 of the DEIR. Mitigation measures, including observation by Native American observers, are detailed in Section 4.11. Comment 2. Reference: 4:16:12 - What are you going to do with the 1217 new students without disrupting the lives of present students and minimizing parking, traffic, air pollution? What provisions are to be made for grades 6,7,8? Response Please refer to response nos. 4 and 6 from Norma Vandermolen's letter (page 10). Comment 3. Reference: 4:5:10 - What provisions are being made to provide for very affordable housing? Density bonus is referenced, as usual, but with no answer within this very large development area. The answer appears to be - look to other areas for affordable housing. Where? Response The Housing/Population section, pages 4.5-10 and 4.5-11, in the Draft EIR contains a discussion of housing affordability. The project proposes a range of densities to accommodate different market needs. Of the 4,410 maximum units planned, 1235 (28%) are proposed at medium high densities to allow for moderately priced new housing. It is not within the scope of the EIR to discuss opportunities for affordable housing outside of the study area. Comment 4. Reference: 4:1:21 - With the requested deletion of 142 acres of various business/industrial uses what provisions will be made for local job opportunities in order to make a community of this size more self-supportive? If none of this were to remain in this area, then where is the business/industrial use to be located? Similarly, if lack of freeway access, in the opinion of staff makes Huntington Beach an undesirable location for 11 industry, inversely, lack of freeway access and lack of local job opportunities would seem to make it undesirable to locate housing without freeway access to other job opportunities. Response The industrial acreage has been reduced in response to market studies which indicate low demand for major, high quality industrial uses within the project site, considering the sites poor access to freeways and major transportation routes. In response to concerns about local job opportunities, please refer to Table 9 on page 4.5-11 in the Draft EIR which estimates that the proposed project will provide land uses with opportunities for 4,870 employees. In comparison to the existing General Plan, the project represents only a nine percent decrease in employment potential within the project area which is not considered significant. The market studies conducted for this project revealed a very high demand for housing within this coastal location. Housing located too close to freeways can be considered undesirable in the same way as housing without close freeway access. A 5,4-acre business park will be provided in the plan to provide immediate employment opportunities. Comment 5. Reference: Land Use Map: Why not place commercial area on SW corner of Goldenwest at Garfield- a more commercially viable corner than Edwards? Response The intent of placing a 7-acre commercial site on the corner of Edwards and Garfield was to provide these services to the immediate residents in the study area. The corner of Goldenwest and Garfield may be an appropriate alternate location for retail uses, however, it would add to the disruption of traffic flow at this major intersection. Further refinement of the location, size and orientation of the commercial site will be addressed during preparation of the Specific Plan for Planning Area D. Comment 6. Reference: 4:1:21 : Why convert marginal industrial land to residential to increase land value for the HBCO at the loss of needed industrial for the good of the City of HB? Response Please refer to response no.4. The City, its residents and property owners all benefit from higher land and development values. Marginal industrial land is of little value to the City. Industrial development is only "good" for the City when property and sales taxes exceed the economic and environmental costs of serving industrial users. Given the property's location, high end residential development generally results in higher property tax values per acre than low end industrial development, as well as providing residents who will make the majority of their purchases at local commercial outlets, increasing local sales tax revenues. 12 Comment 7. Reference: 4:5:6 & 4:5:8 : What is the real net increase or decrease in residential #'s? # is already set in master plan as listed on EIR showing decrease not a change to lower density by HBCO. Other previously industrial area is going to higher residential density. Is this not in actuality increasing the overall project density? Response The adopted General Plan for the area permits a maximum of 5,845 residential units. The proposed amendment would reduce the maximum to 4,410 (25% decrease). The proposed project increases the overall acreage of low density residential. The densities across the site are illustrated on the Land Use Plan exhibit. For a discussion regarding proposed changes to other land use categories, please refer to the Draft EIR, Table 3, page 4.1-21. Comment 8. Where are the referenced equestrian trails? Cannot locate on the poor quality reproduction of the legends- or is it because it is on the cliff? Response The proposed equestrian trails are depicted clearly on Exhibit 9, Open Space. Trails within the Linear Park are determined through the County's park planning process. Trail alignments for Ellis-Goldenwest are specified in the Specific Plan. Comment 9. Is full credit given for the sloped hillside land in Linear Park? The Quimby Act does not allow full credit for slopes. Is this land use then consistent with the Quimby Act? Response The Quimby Act allows the City to require dedication of land for park and recreational purposes when land is subdivided. The City has full authority to determine the amount and type of open space to be dedicated, fees charged in lieu of dedication, and the uses to which land and fees may be put. The Linear Park may include slopes, flat areas, trails, and other uses as determined by the City and County. Comment 10. Reference: 4:1:19: Displacement of current industrial owners? Is this another way of saying eminent domain? Does this mean eminent domain is still to be used in HB? 13 I Response Existing industrial uses will be allowed to remain as nonconforming uses and existing permits will remain valid. The use of eminent domain is not proposed with this GPA. Comment 11. Has the impact of the immediately nearby Bolsa Chica Development been addressed? This is not an isolated project but one project among many others within our City. Let us not again make the mistake of piecemeal impact studies. Response The Draft EIR contains a discussion of all related projects which may have effects on the proposed project, including the Bolsa Chica Development ( page 3.0-18). The discussion of cumulative impacts within the EIR included consideration of such projects into the impact analysis to ensure a comprehensive analysis. 14 JOHN FISHER/DEBBIE COOK Comment 1. Open Space/Park land north of Ellis is under review as a result of Council direction. The EIR leads one to believe no planning has been done at all. The EIR should state precisely what the Council has directed Community Services to investigate and status of all action as of end of August 1989. Response The City of Huntington Beach is conducting planning studies for this area separate from this General Plan Amendment. As part of Central Park planning, this site is proposed to be a golf course and an EIR will be prepared by the City for this site. Comment 2. As part of the "Hotel deal" on P.C.H., the Driftwood trailer park residents were given promises by the City. Any limitations that exist on the land north of Ellis should be stated as part of the certification process. Response Please refer to response no. 1 from this letter. Comment 3. Written response addressing land use for the area north of Ellis will be incomplete if that response only states that the actual use will be determined by later hearing. Because plans have already been selected by Community Services and previous agreements made by Council, it is prejudicial to omit the exact status of this specific community asset. Response Please refer to response no. 1 from this letter. Comment 4. EIR does not address the dollar requirements necessary to fund the parks planned in the entire plan. If developer fees must be increased to develop these parks, that amount should be part of the EIR. Council must have more facts on financing of the needed parks. Response It is not within the scope of the EIR to address detailed funding requirements for parks. 15 Comment S. Possible oil well consolidation sites must be identified. Any future consolidation must be limited to those sites. Future well consolidation locations must be deleted from open space consideration. Response No consolidation sites are proposed at this time. Oil well consolidation sites will be identified in future Specific Plans within the study area. Comment 6. Consolidation of encyclopedia lots will cost dollars. Rather than simply stating that some method of consolidation be passed by the Council, it is important that dollar values be determined on a site - site basis so that Council understands the dollars involved with consolidation. We can't ask Council to approve a blank check. Response The consolidation of lots is only a general policy recommendation at this time. Analysis of individual sites should be addressed as part of preparation of specific plans for specific areas. Comment 7. Linear Park extends beyond the Holly Seacliff confines. Since that portion outside the boundaries will be affected by the plan, it makes sense to include any conceptual boundary in the EIR. Expand the Holly-Seacliff area to include all of the Linear Park. Response The acreage and configuration of Linear Park open space depicted on the proposed Land Use Plan and Open Space Plans are consistent with the 113-acre park boundary as reviewed by the City Council and recommended by the Planning Commission. Park areas outside the study area are included in the County's Bolsa Chica Land Use Plan. Separate documents will be prepared (Linear Park General Development Plan and Environmental Impact Report) for the County of Orange and will be subject to public review and approval in the coming months. Comment 8. Equestrian trails (as part of open space) need to be shown south of the Garfield/crossgap connector into extended Linear Park boundaries. Trail crossings need to be shown to provide a more complete picture of the recreational opportunities of all open space areas. State of California limitations of equine trails in wetlands must be expressed and acknowledged so planning will not preclude any options. 16 Response Equestrian trails are depicted within the Draft EIR on the Open Space Plan. Proposed trail locations for the Linear Park are currently being prepared and evaluated by the Harbors, Beaches and Parks Division of the County of Orange Environmental Management Agency. Final trail alignments will be adopted as part of the General Development Plan for the Linear Park. Comment 9. A dollar estimate or acreage estimate for the amount of total private land that will be surrendered in connection with equestrian trails/areas would quantify the amount of open space some homeowners will be paying for yet donating (through easements to the City) for open spaces. Please state approximate acreage as part of EIR. Response The Open Space Plan designates general trail locations in park areas and as adopted in the Ell is-Golden west Specific Plan. Within the Ell is-Golden west Specific Plan, approximately 4 miles of equestrian trails are to be provided, covering about 10-acres total. Comment 10. Existing wetlands are not identified and need to be. Mitigation measures to preserve and enhance those areas need identification. Response The Draft EIR Biological Resources section identifies two types of existing wetlands on the site which include saltwater wetlands and freshwater wetlands. Their locations are indicated on the Biological Resources exhibit. Implementation of mitigation measures 5,6 and 7 listed on pages 4.12-9 and 4.12-10 will reduce potential wetland impacts to a level of insignificance. Comment 11. The affect of fertilizers that will run off into the Central Park lake systems needs addressing and mitigation measures identified. Runoff from rain and lawn sprinklers has proven very significant in the Ellis-Goldenwest area. Response The effect of fertilizers is included in the anticipated surface runoff generated by the project. The hydrology section in the Draft EIR discusses impacts to the Sully Miller lake from runoff and proposes mitigation measures, both on-site and off-site to lessen this potential impact. 17 i a Comment 12. No commercial development on Edwards Street extends south of the Edinger intersection. The location of 7 acres at the southern end of Edwards is incompatible with existing and future homeowners. What criteria is used to even consider a commercial area at that specific intersection? Response Please refer to response No. 5 on page 12 from Huntington Beach Tomorrow letter. Comment 13. Has "shotgun" zoning designated as "multiple use commercial" been approved elsewhere in the City? The consultants have suggested that food stores, night clubs, movie theatres might or could be placed in that location. It seems the existing center could be remodeled and expanded to remove all commercial development from Garfield west of Goldenwest. Response The mixed-development land use category allows for the creative combination of commercial and residential uses in a compatible manner. This will allow renovation of the existing commercial center while adding new commercial development. As stated previously, the 7-acre commercial area at Garfield and Edwards will serve the immediate residents within the vicinity and reduce external trips. Existing zoning categories will be utilized to implement this concept. Other areas in the City with the mixed development classification include the Pacifica Community Plan area (Five Point's area) North Huntington Center and the area near Magnolia and Warner. Comment 14. The plan does not indicate the creation of equine stables as an alternative in any non-commercial zone. Under what guidelines will new stables be approved and in what areas? Response Stables are permitted within the Ellis-Goldenwest Specific Plan Area (Planning Area B). Comment 15. The Edison sub-station on some maps is shown as residential. Wouldn't a commercial or industrial indication be more accurate. Under what criteria would the substation be allowed to move? or forced to move? If the location is permanent, the zoning should reflect that reality. 18 Response Under the current general plan and proposed amendment, the substation has an underlying residential land use designation and zoning, similar to other substation sites throughout the City. A less restrictive commercial or industrial designation would not be appropriate for this site. The substation could be relocated, however, the costs would be prohibitive. There are no plans to relocate the substation at this time. Comment 16. Are any land areas in Holly-Seacliff owned by the City. If so, are any proposed commercial or industrial? A complete ownership map as of 6/1/89 would be very important to Council. Response The City of Huntington Beach owns a very minimal amount of land within the study area. City owned land includes encyclopedia lots within Planning Area B, the central park area north of Ellis. An ownership map will not aid City Council. Comment 17. Existing oil wells in Holly-Seacliff are numerous. Approval of this plan does not force these wells (or the tank farms) out of the area, do they? Response Existing oil wells will not be forced out of the area. As development occurs in phases, existing oil well sites may be removed or consolidated. The actual location of any remaining production/drilling sites will be determined in future Specific Plans. It is also the objective of the plan to encourage consolidation of wells rather than allow scattering of oil uses. Comment 18. In Ellis-Goldenwest, most streets are private. In Holly Seacliff will the same requirements for private streets be required? Please identify those areas. Response Internal street designations within the Holly Seacliff area, private or public, are not appropriate at a General Plan level analysis. Street designations for residential streets will be subject of Specific Plan or Tentative Tract Map review and approval, and should be consistent with current City standards for roadway sections and designations. 19 Comment 19. State the procedure for school site selection, review, and approvals. Do any steps for school sites need approval by any City Department or are they outside the Holly-Seacliff area of authority. Please state contacts for school site information if this subject is not subject to review by this EIR. Response The intent of the school district is to establish boundaries, projections and school needs. The city will review the school site designated as part of the CUP process. The comment is not related to the adequacy of the EIR. Information regarding the procedure for site selection may be obtained from Huntington Beach City School District (HBCSD) contact Dr. Gary Burgner. Comment 20. By locating massive densities on Goldenwest and Garfield's southwest corner, the location of commercial development at Edwards and Garfield will create a traffic mess. Six lanes of an extremely busy street will need to be crossed. At any half-mile section of street in H.B. does a similar traffic situation exist- and what do police reports suggest as the accident rate at such a seemingly hazardous section of road. Response The construction of Medium/High density residential units at the southwest corner of Goldenwest/Garfield and its relationship to the proposed commercial development on Edwards/Garfield is not forecast to create an unacceptable level of service. Both intersections of Goldenwest/Garfield and Ed- wards/Garfield are forecast to operate acceptably in the future with the recommended mitigation measures. In addition, the segment of Garfield between Edwards and Goldenwest is planned as a limited access Major Arterial to improve traffic flow at this location. As would be required of subsequent approvals, regardless of the location of proposed uses, detailed access analysis shall be performed to assure adequacy of local circulation. The level of service (LOS) for the project is shown on pages 4.17-16 and 4.17-26 in the Draft EIR. Comment 21. Does Seapointe connect through to P.C.H.? Has that additional traffic been factored into residential streets? Response Seapointe Street is assumed to connect with Coast Highway south of the Holly Seacliff area as depicted on the City's Master Plan of Arterial Highways and was included in the traffic model. The traffic model assumes logical travel corridors and minimum time paths for the assignment of project traffic volumes. 20 Comment 22. Water supply has been a concern of Fire Department officials. Is the use of fire retardant shingles been recommended for all residential units in the Plan? All structures over 5,000 square feet require sprinkler systems. Some communities are requiring sprinklers in apartment buildings and high density dwelling units. Will the plan make any such recommendations in connection with water pressure problems? Response It is not within the scope of this General Plan Amendment to address fire safety design standards. This will be discussed in future Specific Plans and/or conditional use permits. Comment 23. Comparison of residential units is made to existing General Plan zoning. Ellis- Goldenwest has been passed by Council. How many residential units does the Plan represent with Ellis-Goldenwest in place? Response The General Plan Amendment proposes a maximum of 470 dwelling units within the quartersection subject, of course, to additional limitations imposed by the Ellis-Golden west Specific Plan. The existing General Plan allows up to 600 units, therefore, the GPA is in conformance with the allowable density as approved in the Specific Plan. Comment 24. Recent serious accidents involving bicycles in the Ell is-Golden west area indicate a need for bike lanes off the street. School busing is not provided for students past grade 5 in some areas and grade 8 in others. It makes sense to provide safe and sane routes for students to travel along high speed and heavily trafficked roads. Response It should be pointed out that many of the street segments in the Ellis- Goldenwest area have not been constructed to their ultimate section and may be considered substandard for existing bicycle travel. In addition, the most recent data available from the City of Huntington Beach Public Works Department indicates that the incidence of bicycle accidents has actually decreased citywide. With the development of the Holly Seacliff General Plan Amendment project arterials in the project vicinity are to be constructed to their ultimate sections, including bicycle lanes. Comment 25. How will additional student parking at the Huntington Beach High School impact the Civic Center area. Increased populations will also affect the already inadequate parking at the shopping center on Sundays. 21 Response The demand of student parking at Huntington Beach High School and its effect on parking demand at the Civic Center is not a subject of this General Plan Amendment traffic and circulation analysis. As proposed site plans are submitted for commercial centers within the Holly Seacliff area, parking studies will be undertaken and adequate parking will be supplied in accordance with City parking ordinance. Comment 26. The proposed school site in the Ell is-Goldenwest quartersection is incompatible with the equestrian theme. School traffic will restrict equestrians along the Garfield trails and all trails within the area from students walking to school. Most streets in the quartersection are private and parking is not permitted on these private streets. How will overflow from parent meetings,soccer matches, etc. affect homeowners and liability. Existing homeowners in the quartersection are planning on a gate at Ellis and Quarterhorse, how would this affect school site location? What criteria is used to decide on location and need for school site? Response A detailed analysis of the interaction of equestrian and pedestrian transportation near Ellis-Goldenwest cannot be addressed in this macro level General Plan analysis. However, as pedestrian school activity is limited to distinct morning and afternoon peak hours, the possibility of any conflict would be limited, if the school paths and equestrian trails crossed. Parking supply and demand for the proposed school site will be the subject of the detailed analysis for the school development. Questions of liability for parking overflow arc premature as the parking supply for the school is unknown at this time. Comment 27. Was the traffic model based on Scapointe alone connecting to Pacific Coast Highway or was the model based on all three connectors-Seapointe, Garfield, and Cross-gap. What if any one of these is not completed? Response The traffic analysis documented existing street improvements and conditions in the area, and then forecast project-related and cumulative traffic volumes on the existing and planned road work. For purposes of the build out of the Holly Seacliff area, the cross-gap connector and Seapointe Street, as well as other committed circulation improvements, were assumed in the traffic analysis. The provision of these circulation improvements is also included in the mitigation measures section of the traffic study. Comment 28. Has the effect of gating private streets in the Ell is-Gol den west quartersection been incorporated in the traffic models? 22 Response The effect of gating streets is the need for an off-street reservoir for vehicles waiting to enter the specific project site. An analysis of this potential impact, if required, should be a part of the specific project proposal on-site circulation study. Comment 29. Where does Ellis go that will carry so much traffic to be designed a primary 4- lane divided arterial? Response According to the City of Huntington Beach Circulation Element, Ellis Avenue between Edwards and Goldenwest is designated as a Primary Arterial, while Edwards Street is designated as a Secondary Arterial. All future arterial designations within the City of Huntington Beach used in this study are based on the City's Circulation Element as well as needs identified through this Traffic study. Comment 30. Why is Edwards a secondary and Ellis a primary street? Response See response to Comment 29. Comment 31. Water use for the proposed 105 acre golf course if comparable to other area courses will require 300 acre feet of water per year. How will this impact water planning and estimated water usage? Will any proposed golf course have to submit a separate EIR? Response At the present time, no golf course of any size is proposed as part of the Holly- Seacliff GPA. The City is currently conducting separate planning studies and an EIR for a golf course. The project's planned open space park and recreation areas were included when determining the proposed project land use estimated water usage demand. The Water Facilities report identifies that "Approximately 1,250 gallons per minute (GPM) will be utilized by the proposed completed project." This GPM demand includes the open space areas. Comment 32. Are any City or privately owned water wells located in the Holly-Seacliff boundaries and what steps are necessary to preserve water quality? Do any of those locations interfere with any proposed development? 23 Response Currently, there are no privately or City owned water wells operating within the Holly-Seacliff project boundary. Comment 33. Is the future reservoir hill location within the boundaries of the Plan? If so please indicate on maps and acreage required for the site. Response The old reservoir is located within the plan, however this reservoir is not part of City's water system. The future booster station which will serve the Reservoir Hill Assessment District is planned to be located next to the City's Water District Building near the intersection of Garfield Avenue and Huntington Street. This location is not within the Holly-Seacliff project boundary. Comment 34. Our final questions is who is paying for this EIR, the City or developer interests? Response The comment is not related to the adequacy of the EIR. The HBCO filed an application on their land and the City expanded it to include other properties. The preparation of the EIR was directed by City and will be reimbursed by the HBCO and other property owners. 24 JERRY J. GALICH Comment . 1. 1 am the property owner of the developed property at the northwest corner of Garfield and Crystal Streets and have attended all of the workshop meetings on the Holly Seacliff Project. I am happy to see something finally happening in this part of our city. I have owned the property at this address since 1971 but couldn't build on it until 1979 because of the planning moratorium in the area. In 1979 the Planning Commission and the City Council approved PRECISE PLAN OF STREET ALIGNMENT NO. 79-1 (attached). Based on this plan I decided to formulate construction plans. My main concern at this time is the alignment of Crystal Street with Gothard. As you will note in 79-1 the dedication for street widening was to be from the east side only and justifiably so because of the lands gained on the east side due to the abandonment of the existing Gothard Street. I hope you will also consider at this time the need to create some type of a buffer zone between the planned residential units and the existing businesses in the Business Park zone. Something very special is needed to reconcile the planned high quality residential units with the business park. I hope you will support the premise of 79-1 regarding the street widening dedication and place further conditions on this project relative to the establishment of an environmentally attractive buffer zone. I have talked with all of the property owners on the wet side of Crystal Street (five owners) and their concerns are the same as mine. We don't object to the medium density requested by the Huntington Beach Co. on the cast side but we do unanimously agree that the dedication and buffer zone should come from the newly developed east side. Response The precise alignment of Gothard Street cannot be determined at the General Plan Amendment (GPA) analysis level. The precise alignment will be determined with the submittal of site plans and Tract maps for the adjacent properties. It is noted, however, that the City's previous action was the dedication of street widening from the east side of Gothard Street. Current planning activity within the Holly Seacliff GPA area recognizes the desire of area land owners to have the street widened on the east side only, and alternatives are being analyzed to determine the potential land use and circulation impacts of the Gothard Street realignment on both the north and south sides of Garfield Avenue. In addition, design treatments are being evaluated to create a buffer between the business park and residential uses. These design features include, but are not limited to, median treatments, parkway landscaping and wallscape signing alternatives.r I Response provided by Tony Petros, LSA 25 DEPARTMENT OF TRANSPORTATION (CALTRANS) Comment 1. Caltrans has reviewed the DEIR for the Holly-Seacliff General Plan Amendment, Volumes I and 2. The subject area covers 768 acres of undeveloped land and is located in the central portion of the city bounded by Central Park/Ellis Avenue on the north, Huntington and Main Streets on the east, Yorktown and Clay Avenues on the south and the Orange County boundary line along the Bolsa Chica wetlands area to the west. The proposed land uses include residential, with densities ranging from three to twenty five units per acre, commercial, industrial uses and open space designated across five planning areas in the project area. Caltrans will be a responsible agency at various times over the development phase of this area. Evaluation of the traffic and circulation impacts generated from the development of this area suggests that certain road improvements effecting State facilities will be necessary. We agree with the mitigation measures in the DEIR which require certain types of improvements, i.e., fair share fees for new roads, road widening and increased turning lanes at certain Coast Highway and Beach Boulevard intersections. The costs of these improvements should be the responsibility of others and not the State. Also, we agree with the general plan policies that the railroad ROW should be retained and considered for trail or future transit use and the alignment and preservation of ROW for new arterials consistent with the county's and city's Master Plan of Arterial Highways be part of the future planning. The section on traffic/circulation is comprehensive, providing an indepth analysis of the impacts on the local and regional arterials that are adjacent to or associated with the proposed land uses. However, we feel the DEIR should mention Caltrans Route Concept Reports for Coast Highway (Rte. 1) and Beach Boulevard (Rte 39). The route concept reports express the Department's judgement on what the characteristics of these routes should be to respond to the projected travel demand over the 20 year planning period. They contain the goals for the development of the routes in terms of level of service and broadly identify the nature and extent of improvements needed to reach these goals. The 20 year concept for Rte 1 is six lanes and for Rte 39 is eight lanes. In addition, the traffic report area should be increased to include the following intersections: Coast Highway at Warner, Beach Boulevard at Talbert, Yorktown and Coast Highway. In conclusion, we suggest a couple of minor revisions to the text of the DEIR. On page 3.0-16 Vol I, change Caltrans District 7 to District 12; and in Vol 2, there is conflicting information concerning the intersections of Coast Highway and Goldenwest and at Beach Boulevard and Garfield between the recommended improvements on page 46 and Table M. 26 We appreciate the opportunity to comment on this DEIR and wish to continue coordination throughout the planning of the City's General Plan Amendment. Response The forecast General Plan build out scenarios included in the Holly Seacliff GPA traffic study are consistent with the general concepts for Coast Highway and Beach Boulevard. For purposes of this analysis, a six lane Pacific Coast Highway is considered in the future year analysis, as is the implementation of the Beach Boulevard Super Streets project, which would provide for eight travel lanes. The revisions suggested by Caltrans are duly noted. The Final EIR will include the revisions to Vol. 1, page 3.0-16 and in Vol. 2 Table M. It should be pointed out, however, that the mitigations recommended at Goldenwest Street and Coast Highway are consistent with the geometrics illustrated in Table Ni 2 Response provided by Tony Petros, Traffic Engineer, LSA. 27 GERALD L. CHAPMAN D.D.S Comment 1. The Huntington Beach Company is proposing the removal of Office- Professional zoning on 16 acres near Main and Garfield streets. With final buildout of the Holly-Seacliff area, there will be an increased need for health care services in the area. The present Office-Professional zoning is the only open space left in the city that can economically support the strict parking requirements for health care facilities. The preferred location for health care professionals is near a hospital. Pacifica Hospital is located in the present Office-Professional zoning. Response Both Pacifica Hospital and Humana Hospital will provide health care services to residents in the study area with no impacts anticipated to their level of service. Comment 2. The draft EIR states that the corner of Beach and Warner would be an ideal location for Office-Professional buildings. I could not disagree more. Office- Professional zoning will make an ideal buffer between Main Street and the proposed residential zoning, will be located near a hospital and will be on the border of the proposed residential area. I would like to know where you propose to put the increased need for health care facilities if the Office-Professional zoning is eliminated? Response It is possible that health-care facilities (private practices) may be accommodated within the mixed use commercial center. 28 DAVID C. NUNEKAMP OFFICE OF PLANNING AND RESEARCH Comment I. The State Clearinghouse submitted the above named draft Environmental Impact Report (EIR) to selected state agencies for review. The review period is closed and the comments of the individual agency(ies) is(are) enclosed. Also, on the enclosed Notice of Completion, the Clearinghouse has checked which agencies have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the package is not in order, please notify the State Clearinghouse immediately. Remember to refer to the project's eight-digit State Clearinghouse number so that we may reply promptly. Please note that Section 21104 of the California Public Resources Code requires that: "a responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to carried out or approved by the agency." Commenting agencies are also required by this section to support their comments with specific documentation. These comments are forwarded for your use in preparing your final EIR. If you need more information or clarification, we recommend that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact Garrett Ashley at 316/455-0613 if you have any questions regarding the environmental review process. Response Comment acknowledged. 29 r . ENVIRONMENTAL BOARD - HUNTINGTON BEACH ROY RICHARDSON Comment 1. The subcommittee composed of five members our Environmental Board has completed the review of the subject report (Volumes I and II, plus the condensed version dated August, 1989). The committee's review and recommendations are detailed in the following seven page report. It is our judgement that their will be a severe environmental impact both short and long term that has not adequately answered in the subject report. Many of the mitigation measures stated are inadequate, unclear or omitted entirely. Those environmental impacts requiring a more satisfactory or better defined mitigation response are indicated in the Board's report. We recommend strongly that a more comprehensive study be given to the short and long term effects of this project and that our concerns be answered satisfactorily before approval is considered. Response This Draft EIR is the product of a series of citizen public workshops and City planning and consultant staff review sessions to ensure it adequately addresses all concerns. The impact mitigation assessment meets the requirements of the California Environmental Quality Act. Short and long term effects are discussed within the EIR where appropriate (i.e. Air Quality and Noise). Comment 2. The following lists the Environmental Board's concerns regarding the DEIR Environmental Check list, Attachment 4, pages 1 - 7; Volume 2 of the General Plan Amendment. In general, it is the opinion that an acceptable response to any environmental question should be answered "Yes" or "No". The response of "Maybe" indicates a lack of judgement. Response Comments pertaining to an initial study should be submitted during the NOP review period. The 30 day NOP review period expired on January 23, 1989. At this time, the initial study cannot be revised, however those items checked "maybe" were addressed in the Draft EIR adequately in the same manner as if they had been checked "yes". Therefore we see no conflict that relates to the issues discussed in the Draft EIR. 30 Comment 3. Earth. Will the proposal result in: Any increase in wind or water erosion of soils, either on or off the site? YES. The Development will cause water/soil erosion along bluffs and in the Sully- Miller lake runoff areas. Areas where swells are filled will alter run off courses causing further soil erosion. Response Comment acknowledged. Please refer to the Draft EIR Hydrology section, pages 4.4-5 through 4.4-10. Comment 4. Exposure of people or property to geological hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? - YES Page 4.3-9, Volume I states that there is an active fault along southern portion of project and this should not be overlooked. Response Comment acknowledged. Comment 5. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? - Yes. Air Quality will deteriorate due to increased vehicle trips per day resulting solely from this project. The pollutants will rise approximately 1% as compared to the total County. To determine that there is a "lack of an adverse effect" by measuring impacts ratios at the county levels rather than the city level would obviously avoid such issues that may be considered individually acceptable but are in fact collectively harmful. Overall air quality should take into consideration increased S.C. Edison emissions caused by the increased demands due housing and commercial increases. The use of alternate transportation should be increased. We are not concerned about the entire county of Orange, but definitely the immediate area effected by the project which includes Huntington Beach. Response The Draft EIR, section 4.8, Air Quality, contains a comprehensive discussion of both short and long term air emissions. The projects cumulative contribution to regional air quality is stated in the Draft EIR as an "unavoidable adverse impact." 31 Project emissions generated by electrical usage are included in the air quality assessment. Comment 6. The creation of objectionable odors. - Yes. Oil wells will emit odors and the consolidation of oil wells should be done prior to the beginning of construction. The need for vapor recovery systems should be investigated and determined at that time. Response Odors associated with oil wells are discussed in Human Health and Safety, Section 4.15 as well as mitigation for vapor recovery systems. Comment 7. Water, will be the proposal result in: Changes in absorption rates, drainage patters, or the rate and amount of surface runoff? - Yes. The absorption rates are affected by the adding of paved roads, sidewalks, houses, and industry buildings. Drainage patterns are affected the same way as will the amount of surface water due to landscaping by the home owner, commercial building occupants and the open space maintenance (parks). Response Comment acknowledged. Drainage is discussed in Section 4.4 Hydrology. Comment 8. Discharge into surface water, or in any alterations of surface water quality including but limited to temperature, dissolved oxygen or turbidity? - YES. The use of fertilizers and insect sprays, etc., by the homeowners percolating into more confined soil areas. This is a particular concern for project homes built along the bluffs as well as the landscaping areas along the linear park. There will also be an increase in street runoffs of oils, diesel fuels and other automotive fluids resulting from increased vehicular traffic using the new streets added by the project streets added. Response Comment acknowledged. The Draft EIR discusses impacts from runoff on page 4.4-9. 32 Comment 9. Substantial reduction in the amount of water otherwise available for public water supplies? - YES. The addition of 4,410 residences, plus light industrial and commercial buildings will definitely require water withdrawals. There is currently insufficient water supply to compensate for the additional usage anticipated for this project. Adequate water supplies should be secured before the project commences. Response Comment acknowledged. Please refer to the Water Facilities, Section 4.17 in the Draft EIR. Comment 10. Plant life. Will the proposal result in: Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants? YES. The potential loss of the eucalyptus windrows, raptor sites, etc. The proposed plan acknowledges the removal of a substantial amount of mature trees with only marginal replacements. Response Please refer to mitigation Measure 4 within the Biological Resources section (4.12) which states preservation or replacement of large trees suitable for use by raptors. Comment 11. Noise. Will the proposal result in: Increase in existing noise levels? YES. Light industrial projects are included near a helicopter port and a public firing range. Light industrial areas will increase flow truck traffic in immediate area. The noise is mitigated by walls (sound barriers) and set backs in the residential areas. The walls must be taller than line of sight to be effective. The noise caused by the heliport cannot be adequately mitigated. Some noise relief measures should be added by the builders use of double pane windows, six inch block walls and adequate use of large trees and shrubs both residential and commercial landscaping. Consolidation of the oil well pumps should lower noise levels once consolidation is complete, but noise mitigation measures to be incorporated should be listed as to how they will be done, what type soundproofing will be 33 incorporated and she will assume the responsibility. It should be determined whether or not truck traffic servicing an oil consolidation project an/or oil well drilling in the consolidation areas will be on a 24 hour basis or limited to 7 a.m. - 10 p.m. If a 24 hour schedule is set the mitigation measures should be determined prior to project approval. Oil well consolidation sites must be identified early and potential residential buyers should be forwarded of the possible noise/traffic impacts. The noise from the public shooting range will most probably be drowned out by the increased traffic flows in the surrounding areas and no longer be noticed. Response Section 4.9 in the Draft EIR discusses noise associated with oil production operations and the public shooting range. Future specific plans will address special noise relief measures as those mentioned above. Comment 12. Exposure of people to severe noise levels? NO. "No" is acceptable if the industrial complexes are finished and occupied before surrounding residential areas are started. If the reverse is scheduled, then the response should be "Yes." Response Comment acknowledged. Comment 13. Light and Glare. Will the proposal produce new light or glare? YES The industrial complexes and surrounding residential areas both will add light and glare to the surrounding community. Response Comment acknowledged. Please refer to Section 4.10, Light and Glare. Comment 14. Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemical or radiation) in the event of an accident or upset conditions? YES. Areas of the project site were used for oil waste dump sites in the early 1920's and 30's. When first drilled, Bolsa Chica #1 and other early oil wells were allowed to spill oil onto the land before being capped. Soil samples should be taken to determine if the soil contamination has leached out over the years. 34 i The Holly property was a cattle feed lot at one time; further north was an Alpha Beta packing company. Both properties were used for cattle grazing. Considering the problems with crumbling foundations which occurred under similar circumstances in the City of La Palma, soil studies should be required prior to building. there is the definite possibility that underground methane gas exists with the area that could be disturbed during excavation and/or increase "slant drilling during relocation of selected oil well sites." Response Comment acknowledged. Potential impacts to humans from oil operations and soil contamination are discussed in Section 4.15, Human Health and Safety. Comment 15. Housing. Will the proposal affect existing housing, or create a demand for additional housing? YES. The residential area project does not allow for any affordable housing projects. No mitigation measures are included in the proposal. Response The Housing Element contains policies for affordable housing. The Draft EIR acknowledges these policies and on page 4.5-10 lists the housing affordability of the proposed plan. Additionally, mitigation is provided on page 4.15-12. 35 Comment 16. Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? YES. The estimated 65000 vehicular trips per day should not be considered "insignificant"! Response The proposed Land Use Concept Plan is forecast to generate approximately 60,370 average daily trips (ADT), not 65,000 ADT. In comparison to the existing General Plan land use designations for the Holly Seacliff area, which will generate approximately 97,280 ADT, the proposed Land Use Concept Plan will generate fewer daily trips. Comment 17. Effects on existing parking facilities, or the demand for new parking? YES. Due to the increase in light industrial build-up and the increase of an estimated 8000 cars belonging to new residents within the city limits, the existing parking facilities which are immediate to the proposed project and include the Central Park and recreational area and Central Library, become totally inadequate. Response The proposed General Plan Amendment project will generate fewer trips, hence less of a demand for parking than the existing General Plan land uses. Therefore, the proposed GPA project will have less of an impact to City facilities (i.e., Central Library and Civic Center). The City will be examining the expansion of the Civic Center including parking supply and demand. Park dedication requirements will be adhered to which will benefit both the Holly Seacliff area and the City at large and will potentially offset the Central Park demand. Comment 18. Substantial impact upon existing transportation system? YES. Four intersections will operate below the City required level of Service D regardless of which alternative is chosen. The matrix below is a comparison of Tables I, K and mitigation recommendations on Page 46 for the Land Use Concept Plan. Table F assumes road improvements described in the project proposal. The widening of Goldenwest Street is planned for the near future. This Holly- Seacliff project will realign Gothard with Crystal and eliminate the five legged intersection at Main and Garfield. The Super Street project is more of a question mark. It is obvious that without all of these improvement these four intersections will operate below required City standards of LOS D. As seen by 36 the charts, even with all the lane improvements, Beach and Garfield will operate at LOS F during the peak evening hours. There should be an assurance that these street improvements will be improved before the housing occupancy is allowed. Response This GPA analysis examines the potential impacts associated with the build out condition, not incremental developments added to the existing condition. With the implementation of the recommended circulation mitigation measures for the build out condition, all but one intersection will operate with acceptable levels of service in the General Plan build out scenario. The impacted intersection identified in the traffic study is Main/Garfield. In order to address the issue of incremental growth, a mitigation measure is included in the traffic study for the preparation of a traffic study to determine whether the incremental increase in traffic from the specific plan or tract map area causes any of the intersections under investigation to result in unacceptable levels of service. If unacceptable levels of service result, this traffic analysis shall determine the portion of the ultimate intersection improvements which are required, the phasing of the improvement and the funding source. Comment 19. The current City Master Plan of Arterial Highways shows Garfield Avenue being constructed as a primary arterial east of Goldenwest Street. The Draft EIR 89-1 (p.35) states "Garfield Avenue east of Goldenwest Street is forecast to operate over capacity assuming a primary arterial section." Response The traffic volumes forecast in the Holly Seacliff GPA indicate that Garfield Avenue should be designated as a Major Arterial and widened to six lanes east of Goldenwest Street. Comment 20. The Environmental Board recommends that Garfield Avenue be constructed as a major arterial only to Edwards Street and that Seapointe Avenue and the cross-gap connector both be constructed as secondary arterials. We see no advantage to having a primary arterial running along the boundary of the linear park. Constructing these streets as secondary arterial would be less damaging to both the linear park and the Bolsa Chica Wetlands. Response Based on the forecast traffic volumes and traffic engineering design, the transition from a six lane Major Garfield to a four lane secondary Garfield is best accommodated between Edwards Street and Seapointe Street. Final engineering plans for this segment of Garfield will be completed when the roadway is planned for construction and should include designs to mitigate any conflicts with the adjacent land uses. 37 Comment 21. Circulation Element 83-1 which realigned Gothard with Crystal Street recognizes that this makes a direct link with 17th Street. Since this project will cause that realignment to become a reality, 17th Street should be included in the traffic and circulation analysis. Residential areas of 17th and Main Streets south of Utica need to be protected, particularly from truck traffic looking for an alternate route to PCH. Response The current General Plan Amendment proposal calls for the realignment of Gothard Street to connect to Clay Avenue to the east. A connection of Gothard Street to 17th Street is not considered as part of this project. Arterials and intersections studied as part of the traffic analysis were selected by LSA and approved by the City of Huntington Beach based on the potential for the occurrence of circulation impacts. In addition, LSA met with the citizens' advisory committee to include their recommendations to the traffic study. This group also approved of the study area boundaries. Comment 22. Circulation Element 83-1 states that if "Gothard-Crystal is precisely planned to connect to Main Street at Clay Avenue, then Clay Avenue should probably be abandoned between Gothard-Crystal and Goldenwest Streets." Draft EIR 89-1 assumes that Clay will be available to handle partial access that has been limited along Garfield Avenue and the maps show it as existing westward to Goldenwest Street. This portion of Clay should be reopened. Response Clay Avenue between Gothard-Crystal and Goldenwest Streets is not assumed in the GPA DEIR traffic analysis, and could be assumed abandoned except for possible local access. In addition, the City's preliminary concept plans for the widening of Goldenwest do not assume this segment of Clay Avenue. With the provision of adjacent internal roadways to provide east/west travel, this segment of Clay is not warranted. Comment 23. Figures 1,6,8,10,11 and 13 through 17 show Talbert Avenue as existing through Central Park between Goldenwest Street and Edwards. These figures should be corrected or removed from the DEIR. Palm Avenue as a major arterial on either side of Goldenwest Street should be removed from figures 1,6,8, and 13 through 17. All maps should be corrected to show the approved Gothard- Crystal alignment of Figure 10. The Traffic study should also indicate how Edwards Avenue north of Ellis will be designed to connect with the proposed four lane secondary south of Ellis and the existing four lane highway north of Talbert/Inlet Drive. 38 Response The alignment of Talbert Avenue illustrates the County Master Plan of Arterial Highways connection to the cross-gap connector, while Ellis Avenue terminates at the linear park site. As the forecast traffic volumes along both Talbert and Ellis are low (both future arterials will exhibit volume to capacity ratios under 0.50) the actual alignment of Talbert and Ellis west of the project site will not have an impact on the flow of traffic. The selection of a preferred route between Talbert and Ellis is not a part of this GPA analysis. The graphics that illustrate Palm Avenue as a Major Arterial is in error and has been corrected. Palm Avenue is indicated as a Secondary Arterial by both the City and County. The precise street design of all arterials in the study area is beyond the scope of a GPA analysis. However, the proposed segment of Edwards within the Holly Seacliff project area can be transitioned to the existing Edwards Street section north of the project through channelization and median design. The precise alignment should be addressed with the Tentative Map submittal for the parcels adjacent to Edwards Street in this area. Comment 24. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians. YES. There is the projection of an additional 8000 cars generating an additional circulation of 65000 daily trips on already crowded local streets. The widening of streets from 4 to six lanes or from 2 to 4 lanes which is necessitated by this increased traffic flow increases the potential for traffic hazards, particularly for bicyclists. Special Bicycle lanes should be separated from any major arterial streets by a "divider strip" - not just a "painted white line". Response Regarding the proposed GPA project trip generation, please see response 17 of this letter. Class II bicycle lanes have been indicated in the DEIR traffic study in Figure 7 and will be provided for in accordance with the City's design standards for such facilities. Comment 25. Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: Schools? YES. There is a new school addition planned with the project. Parks or other recreational facilities? YES. The City ordinance requires a specified amount of open space and park acreage dedicated within the proposed project. It cannot be determined from the Draft EIR 89-1 that the City requirement will actually be met. It is recommended that the open space and park requirements required by the City be reviewed in 39 � L depth to determine if such open space can actually be used by the general public (not the side of a cliff! private [gated] property, or equestrian trails, etc.). The Linear Park should be left as wild as possible to provide a natural habitat for displaced animal life, and to require as little water maintenance, fertilizer and pesticide use as possible. Areas left unimproved should be replanted with plant species known to support displaced animal life. All eucalyptus and other raptor trees should be left on-site. Removal of mature trees and replacement with two 24 inch boxed trees is not sufficient mitigation for any loss of full grown mature trees. Any discretion given to the developer to decide which trees to remove has in the oast resulted in complete removal of all vegetation. Response Comment acknowledged. Page 4.6-6 of the Draft EIR states the City's park goal of 5 acres per 1000 population. As stated on page 4.6-8, the City's park requirement for this project is 54 acres and the GPA proposes a total of 89 acres which exceeds the projected demand by 35 acres. The planning goals for the Linear Regional Park are listed on page 4.6-3 of the Draft EIR. Comment . 26. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? The definition of "Substantial" needs to be properly defined in order to determine whether the increase of approximately 6% in the City's population, or the addition of 65000 automobile trips per day, is considered "substantial". b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? The definition of "Substantial" needs proper defining in order to determine whether the increase of approximately 6% in the City's population, or the addition of 65000 automobile trips per day, is considered "substantial". Response Comment acknowledged. Please refer to Section 4.13, Natural Resources. 40 Comment 27. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: C. Water? YES d. Sewer or septic tanks? YES C. Storm water drainage? YES f. Solid waste and disposal? YES The minimum city service standards set recommended in the City's Master Plan (June 1988) and reiterated by the City's Ad hoc Committee report of December 1988 should dictate the limits of all future development proposals. Where minimums are projected to go below standard, additional facilities should be incorporated or existing facilities expanded before new proposals are approved. The City's Water Department has stated that inadequate water supplies exist and that any water shortage would be accelerated by this or other large scale housing project. Response Comment acknowledged. Potential water shortages generated by the project have been addressed and water conservation mitigation measures listed in the Draft EIR Water Facilities Section 4.17. Comment 28. The County Sanitation District Director has stated that "The district cannot service the Holly-Seacliff portion which will drain to Slater Avenue Pump Station until such time as that station is rebuilt." The Board of Directors has adopted a new master plan which calls for the construction of a new pump station at Slater Avenue and other drainage facilities. "These are absolutely necessary to serve the Holly-Seacliff General Plan development." Funds should be obtained and definite plans for the Sanitation District's projects should be in place before this project should be considered. Response Comment acknowledged. The Sewer Facilities Section 4.18 addresses these concerns. Additionally, mitigation measure 8 on page 4.18-9 will ensure that permits for development of an area will not be approved until adequate sewer service alignments and capacities are demonstrated. Comment 29. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view. YES. 41 The development of the linear park and the development of the area immediately adjacent to the park require further investigation as does the area adjoining Central Park to insure proper mitigation has been accomplished. The dedication of the smaller required open space and park areas resulting from this project should be considered as a possibility of enlarging the size of the Linear Park by adding the acreage to the linear park boundaries. Response Comment acknowledged. The development of the Linear Park is the subject of studies currently being prepared and evaluated by the Harbors, Beaches and Parks Division of the County of Orange EMA. The GPA will provide the basis for an area - wide balance of private development and dedicated public open spaces. Comment 30. Recreation. Will the proposal result in an impaction upon the quality or quantity of existing recreational opportunities? YES. The addition of over 10,000 new city residents and the projects proximity will definitely impact crowded parking conditions and the facilities available at the Central Library. The approval of the Phase I of the library requires the use of $3.8 million of existing city assets. The recommended increase of $0.05 to $0.10 per square foot to the current Community Enrichment fee would make available slightly more than $1,000,000 for the Library's expansion either toward Phase II or offset part of the cost of Phase I. (This fee is imposed upon the builder(s) at the time of permit filing and therefore is usually passed on to the new residential and commercial occupants). Response Please refer to the Public Services and Utilities Section page 4.16-17. Comment 31. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? YES. Response Comment acknowledged. However, mitigation is provided in the Draft EIR to lessen the significance of these biological impacts. 42 Comment 32. Does the project have impacts which are individually limited, but cumulatively considerable? YES. This is the "tragedy of the commons." Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES. The definition of "Substantial" is again missing. Fewer local jobs are expected in the amendment then in the original proposal, requiring more driving to "reach work." Fewer low income housing is available, more pollution, more noise, more traffic, more non renewable energy usage, etc., resulting solely from this project. Response Comment acknowledged. The above issues are discussed within the context of the Draft EIR. 43 CALIFORNIA WASTE MANAGEMENT BOARD Comment I. The Holly-Seacliff project proposes to build 4,410 residential units on 561 acres of land, industrial and shopping/commercial development on 65 acres of land in the City of Huntington Beach. New residential and commercial developments increase the amount of waste , being sent to local landfills, and these landfills are rapidly running out of space. In order to preserve remaining disposal capacity, Board staff encourage that every effort be made to minimize the amount of solid waste going to landfills by maximizing recycling and waste reduction efforts. These considerations should be investigated thoroughly before the projects are initiated. Response Comment acknowledged. Measures to reduce the generation of solid waste are listed in the Draft EIR on page 4.16-18. Comment 2. Board staff suggest that the following measures be considered in order to maximize recycling, reduce waste, and to promote consumption of recycled materials. * A curbside recycling program could be incorporated into the Holly- Seacliff project. * Information could be provided to homeowners and businesses about the recycling services in the development area. * Insulation and other products made of recycled materials may be used in the construction of development structures. * Suggest to homeowners and businesses that they utilize recycled materials, such as paper, glass, and metals, to the maximum extent possible. Response Comment acknowledged. Mitigation measure 14 on page 4.16 - 18 states "The developer should contact the solid waste disposal firm during the design stage to ensure the most efficient and economical means for rubbish removal." Provisions for recycling will be determined in future project designs and specific plans. 44 r A ADDENDUM TO FINAL EIR 89-1 (SUMMARY OF CHANGES) The following changes to the Draft EIR are as noted below. The changes do not effect the overall conclusion of the Draft EIR. Comment/Reference HB Environmental Board o Figures 1, 6, 8, and 13 through 17 that illustrate Palm Avenue as a major arterial on either side of Goldenwest has been revised to indicate it as a Secondary arterial. Caltrans o Draft EIR Volume I page 3.0-16 Caltrans District 7 has been changed to Caltrans District 12. o Draft EIR Volume I page 4.7-30 and Volume II page 46 has been revised to read: Beach Boulevard/Garfield Avenue - Construct the intersection to include two left turn lanes, four through lanes and one right turn lane for the northbound and southbound approaches, and two left turn lanes, three through lanes and one right turn lane for the westbound approach, and two left turn lanes, two through lanes and one right turn lane for the eastbound approach. These improvements will reduce the Land Use Concept Plan scenario ICU values to 0.59 in the AM and 0.83 in the PM peak hours. Department of Water Resources o Mitigation measure 5d., page 4.17-5 in the Water Facilities section has been revised to read: Compliance with water conservation provisions of the appropriate plumbing code, Health and Safety code and the Government code. o Mitigation measure 16 has been added to the water facilities section: The following Public Interior water conservation measures shall be implemented by developers where applicable: a. Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of pressure-reducing valve. b. Drinking fountains be equipped with self- closing valves. C. Conservation reminders be posted in hotel rooms and rest rooms. Thermostatically controlled mixing valve be installed for bath/shower in hotels. d. Water-conserving models of laundry washers be used. e. Water-conserving models of dishwashers be used and drinking water be served only upon request in restaurants. f. Ultra-low-flush toilets be installed in all new construction. o Mitigation measures 9, 10, and 11 have been added to the Hydrology section: 9. At least one route of ingress and egress to development should be available during a 100-year flood. 10. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially, for hillside developments. 11. The potential damage to proposed development by mudflow should be assessed and mitigated as required on each phase of development as it occurs.